HomeMy WebLinkAbout2010/04/20 Item 10CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
'" CHUTAVISTA
Apri120, 2010, Item No: ~~
ITEM TITLE: PUBLIC HEARING: Consideration of Amendments to Chula
Vista Municipal Code: Title 19 (Zoning Ordinance) related to
administrative procedures for planning entitlements, revisions to
pazking regulations and provisions regazding Non-Conforming
Uses; Amendments to Chula Vista Municipal Code Title 2
(Administration and Personnel); and Titlel8 (Subdivision
Ordinance); and Adoption of a new Council Policy on Public
Participation all of which aze related to the implementation of
the initial phase of the development review Process
Improvements Program .
SUBMITTED BY:
REVIEWED BY:
SUMMARY
ORDINANCE: Of the City of Chula Vista City Council
amending various sections of the Chula Vista Municipal Code
including Title 19 (Zoning Ordinance) related to development
review administration procedures; parking regulations, and non
conforming uses/structures; and Title 2 (Administration and
Personnel) related to the planning related duties and functions of
the Chula Vista Redevelopment Corporation; and Title 18
(Subdivisions) related to administrative procedures for the
subdivision of land for the purpose of process improvements.
RESOLUTION: Of the City of Chula Vista City Council
adopting a Council Policy related to comprehensive approach for
Public Participation as it relates to the development review
process for the purpose of process improv ts.
DEPUTY CITY MANAG ~ RECTOR OF
DEVELOPMENTSER CES
CITY MANAGE
4/STHS VOTE: YES ~ NO
In early 2009, the Development Services Department launched a comprehensive review
of the City's development review process to determine improvements that could
streamline it, increase transpazency, improve public access, make it more predictable for
applicants and reduce the cost. The effort was originally initiated in response to
continuing budget cuts due to the ongoing economic downturn. This presented an
opportunity for the Department to look introspectively at how to do more with less with a
goal of even better. The item for consideration this evening is a culmination of the initial
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phase of Process Improvements that are recommended to begin to implement the
Program's objectives.
ENVIRONMENTAL REVIEW
The Environmental Review Coordinator has reviewed the proposed activity for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the activity 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
activity is not subject to CEQA. Thus, no environmental review is necessary.
RECOMMENDATION
That the City of Chula Vista City Council conduct a public hearing and adopt an
ordinance amending various sections of the Chula Vista Municipal Code including Title
19 (Zoning Ordinance) related to development review administration procedures; parking
regulations, and non conforming uses/structures; and Title 2 (Administration and
Personnel) related to the planning related duties and functions of the Chula Vista
Redevelopment Corporation; and Title 18 (Subdivisions) related to administrative
procedures for the subdivision of land.
That the City of Chula Vista City Council adopt a new Council Policy which provides a
comprehensive approach for Public Participation as it relates to the development review
process for the purpose of process improvements.
BOARDS/COMMISSION RECOMMENDATION
On March 24, 2010, the Planning Commission voted 6-0-0-1 to recommend that the City
of Chula Vista City Council approve an ordinance amending various sections of the
Chula Vista Municipal Code Title 19 (Zoning Ordinance) for the purpose of process
improvements; and supported other process improvements including those related to
amendments to Chula Vista Municipal Code Title 2 (Administration and Personnel) and
Title 18 (Subdivisions); and a draft Council Policy to implement a comprehensive
approach For Public Participation as it relates to the development review process
(Attachment 1- Planning Commission Resolution).
On March 25, 2010, the Chula Vista Redevelopment Corporation voted 6-0-0-1 to
recommend that the City of Chula Vista City Council approve an ordinance amending
various sections of the Chula Vista Municipal Code Title 19 (Zoning Ordinance) for the
purpose of process improvements; and supported other process improvements including
those related to amendments to Chula Vista Municipal Code Title 2 (Administration and
Personnel) and Title 18 (Subdivisions); and a draft Council Policy to implement a
comprehensive approach for Public Participation as it relates to the development review
process (Attachment 2 -Chula Vista Redevelopment Corporation Resolution).
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BACKGROUND
In late 2008, an effort was initiated to review the City's development processes to
determine what improvements could be made to reduce redundancy, administrative costs
and processing timelines while not sacrificing opportunities for early and often public
input and review. Initial meetings with the Chula Vista Redevelopment Corporation
(CVRC), Planning Commission and Design Review Board (DRB) were held to get their
preliminary input. In early 2009, after the Citywide reorganization and formation of the
Development Services Department, a staff committee was convened to identify a series
of short and long term issues that needed to be addressed to improve the development
review process. The scope was broadened to address issues related to all divisions of the
new Department.
In the spring of 2009, a 25 member Development Services Oversight Committee
("Oversight Committee") was formed to work with staff in identifying additional areas
that needed improvement and assist in developing workable solutions. The Oversight
Committee is comprised of developers, business owners, community organizations,
engineers, azchitects, and contractors. The Oversight Committee has been meeting
regularly to review and provide input on draft work products developed by staff. Shortly
thereafter, in June 2009, staff processed the first streamlining measure with the support of
the Oversight Committee. The item involved a new streamlined review process for
requests for permit extensions which was considered critical as a result of the sluggish
economy and fewer projects getting off the ground. In order to allow these approved
permits to continue to be valid for a longer period of time, especially during a down
economy, a streamlined review for permit extensions with reduced costs was proposed.
The Oversight Committee agreed with staff s recommendation and in June 2009, the City
Council approved a Limited Review Fee.
In November 2009, a joint workshop with the Planning Commission and CVRC was held
to review and obtain feedback on some of the major elements of the proposed process
improvements that have been drafted to date. The items presented at the joint workshop
included modifications to the administrative procedures for planning entitlements such as
delegating permit decision levels, consolidating hearings for projects with multiple
permits, streamlining the appeal process, modifying regulations to pazking regulations
and non conforming uses/structures, reducing review authority redundancies between the
Planning Commission and CVRC, and improving public participation.
The feedback from the November 2009 workshop was incorporated into the draft
Municipal Code amendments. On Februazy 18, 2010, staff presented the final draft
amendments to the Oversight Committee which recommended, with full consensus that
staff proceed with this first phase of the Process. Improvements Program. Subsequent
efforts will include implementation of project management within Development Services,
automation improvements to support quality customer service efforts, and streamlining
efforts in the construction permitting and inspection process.
Because of the potential elimination of the Redevelopment Advisory Committee (RAC),
staff also presented the draft public participation process to the CVRC at their meeting on
February 11, 2010, and the RAC at their meeting on Mazch 4, 2010. The CVRC and RAC
were both supportive of the citywide approach to Public Participation.
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DISCUSSION
Tonight's hearing is intended to provide the City Council with the amendments to the
Chula Vista Municipal Code (CVMC) that are required to effectuate the initial phase of
Process Improvements that have been evaluated and discussed over the last yeaz. These
items include:
Proposed amendments to the Zoning Ordinance (CVMC - Title 19). These
amendments, described below, aze primarily related to administrative and review
procedures for planning entitlements and originate from the preliminary concepts
that have been developed and presented to the Planning Commission, CVRC and the
Oversight Committee over the last year. Revisions to regulations regarding parking
regulations and nonconforming uses are also included.
Citywide Public Participation Process to be implemented through a new City
Council Policy.
Amendments to CVMC Title 2 (Administration and Personnel) to remove redundant
review and approval authority between the Planning Commission and CVRC.
Amendments to the Subdivision Ordinance (CVMC -Title 18) to streamline the
review and approval process for the subdivision of land.
Internal process improvements related to submittal of applications.
A. Chula Vista Municipal Code Title 19 -Amendments related to Development
Review: Administrative and Review Procedures
The following is a summazy of the amendments to CVMC Title 19 related primarily to
administrative and review procedures. Exhibit A of the draft City Council Ordinance
provides the detailed strikeout underline text of the relevant sections of Title 19.
Delegation of decision levels on CUPS, design review and variances. The delegation
affects decision levels from the City Council to the PC and CVRC as well as from
PC, CVRC, or DRB to the Zoning Administrator. Provides formalization of the role
of the ZA as a hearing officer for certain permit types.
Consolidation of heazings. Projects that require multiple permits/approvals (e.g.
design review, conditional use permit, variance, rezone) will be consolidated and
heard by the highest level decision making body. Projects with consolidated hearings
will be afforded a Community Meeting under the proposed Public Participation
Process.
Request for Public Hearing Notices to be mailed to interested parties with required
fee; agendas to be sent via e-mail to "Always List"; agendas to be posted on City's
website.
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Appeals Process revised to provide for "One Step" appeal. Appeals will be
considered by the City Council only. Appeals must be filed within 10 business days.
Added provision for close out of inactive permit applications.
Increased Permit Time Limit (36 months) and included process for Requests for
Extensions of Time.
CVMC Chapter 2.55 currently sets forth the CVRC's authority, duties, and
functions. References have been added to CVMC Chapter 19, when applicable, to
clarify their authority as it relates to projects within designated redevelopment areas.
Clean up name of DRC to DRB and deleted "developers" as one of the membership
qualifications for the DRB.
Deletion of the Zoning Regulations for Montgomery which was replaced in the
1990s with City zoning and sunseting of the Montgomery Specific Plan with the
2005 GP.
Updates to Parking Ordinance to address shared parking; added parking standard for
technical schools (1 space per 3 students + 1 space for full time equivalent faculty);
and updated surfacing requirements to be consistent with City's Storm Water
Manual and NPDES permit requirements.
The Oversight Committee was provided the draft code amendments at their meeting on
September 21, 2009, and had afollow-up in depth discussion of the text amendments at
their October 28, 2009 meeting. In general, the proposed draft revisions were met with
support. Alternatives to the appeal process were discussed with some members
suggesting that all appeals be made directly to the City Council. Clazification was
requested regarding qualifications for filing an appeal. An updated appeal form with a
lower "filing" fee of $300 is recommended. The applicant would pay the cost of
completing the project through the appeal hearing as that is part of review and due
process.
B. CVMC Chapter 19.64 -Provisions related to Non-Conforming Uses and
Structures
Currently, the Nonconforming Chapter (CVMC 19.64) prohibits or restricts a property or
business owner from expanding or enlazging a nonconforming use or structure. The
purpose and intent of amending the Nonconforming Chapter is to provide exceptions for
uses and structures that were previously established and/or constructed in compliance
with the applicable regulations in effect at the time. The amendments would allow
previously conforming uses or structures to continue and expand as long they remain
compatible with surrounding area.
This is achieved by differentiating between "Non-Conforming" (never permitted; never
legal) uses or structures, which need to be abated (removed, legalized etc.) and
"Previously Conforming" uses or structures, which were once legal and permitted but are
no longer allowed because of new zoning laws that the City adopts.
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The amendments include a title change from "Nonconforming Uses" to "Previously
Conforming Uses and Structures"; makes clear distinction between "Uses" and
"Structures" by addressing them separately to avoid confusion; provides definitions; and
includes graphics to illustrate expansion limits with regard to setbacks and height. Due to
the significant changes and reformatting of Title 19 Chapter 19.64, staff proposes to
repeal and replace the entirety of this chapter. A clean version of the chapter is included
as Exhibit B, to the draft City Council Ordinance.
C. Public Participation Process
At the joint Planning Commission/CVRC workshop in November 2009, staff indicated
that the development of a Public Participation Process was an integral and critical piece
of the Process Improvement effort. Initial ideas regarding how to improve that process
were briefly discussed at the workshop, with the intent of bringing back a more
comprehensive approach simultaneously with the other process improvements. Following
the workshop, staff prepared a white paper based on the goals of the Process
Improvements Program to streamline the process and make it more transparent. In
developing recommendations on how to improve the Public Participation process, staff
had the following objectives:
Ensure that the public has ample opportunity to obtain information about all
development projects;
Ensure that the public has sufficient opportunity to participate and provide input on
all projects; and
Create a public participation process that is consistent for all development projects
in the City regardless of geographic location.
As part of the evaluation, staff reviewed the existing public participation processes both
within and outside redevelopment areas. In reviewing the two processes, the most
obvious difference is that projects within redevelopment areas have a more formal
mandatory public input process through the Redevelopment Advisory Committee (RAC)
whereas projects outside of redevelopment areas have an optional informal community
meeting depending on the complexity of the project (see Attachments 3 and 4). In
general, the public participation process in redevelopment areas is more lengthy and
costly.
The proposed process, described more fully below, calls for a consistent citywide
approach to public participation in the development review process. The following
elements are proposed to be memorialized in a new City Council Policy:
Develop an expanded "Always List" which allows members of the public to be
notified via e-mail of active development projects. The public could automatically
subscribe to the list through the City's website.
Send a "Notice of Application" to adjacent property owners within 500 feet of the
project and to the new "Always List". This new notification would be after an
application has been formally submitted to the City but early in the development
review process.
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Community Meetings would be held for certain projects in the neighborhood
surrounding the project, similar to the current practice for large projects outside of
redevelopment areas. Neighbors within 500 feet and interested parties on the
"Always List" would be invited to the Community Meeting.
The Community Meeting would include an "Open House" format similar to the
current RAC process; however, the Applicant would have the primary role since this
is their opportunity to dialogue with potential future neighbors. Staff administration
would be limited to setting meeting locations and being available to answer
questions. No formal staff reports or committee structure, such as the RAC, would
be necessary.
Include an Optional Preliminary Review meeting by .the CVRC as a forum to get
early design input to applicants, similaz to those currently held by the DRB.
On January 13, 2010, staff presented the proposed Public Participation Process
recommendations to the Oversight Committee. After much discussion, the Oversight
Committee supported the process but recommended that Community Meetings be
required only for those projects with multiple permits that, under the proposed Process
Improvement measures, are proposed to be consolidated into one public hearing, and
those projects that receive significant input from the initial Notice of Application. The
Oversight Committee suggested that projects which just require a single design review
approval not be subject to a Community Meeting unless significant response was
received from the initial Notice of Application.
Because of the potential elimination of the RAC, staff also presented the draft public
participation process to the CVRC at their meeting on Februazy 11, 2010. The CVRC was
supportive of the change to the process as it provides fairness and consistency to all
projects regardless of their geographic location while enhancing opportunities to engage
the public eazly and often throughout the development review process. On February 18,
2010, the Oversight Committee recommended, with full consensus that staff proceed with
the changes to the public participation process. On March 4, 2010 staff presented the
proposed citywide Public Participation process to the RAC. The RAC was also
supportive of the changes to the public participation process. The draft Council Policy is
included as Exhibit "A" to the draft City Council resolution. Upon approval of the
Council Policy, staff will take an item forward to the CVRC far the dissolution of the
Redevelopment Advisory Committee.
D. Amendments to CVMC Title 2 -Administration and Personnel
In 2005, CVMC Chapter 2.55 was added to establish the CVRC and assign its function
and duties as they relate to development within designated redevelopment areas of the
city. Since that time it has been acknowledged that in certain situations, the CVRC was
assigned a redundant advisory role of the Planning Commission in the review and
approval of legislative items, such as rezonings. On legislative actions related to planning
matters, the Planning Commission is required. by State Law to provide the City Council
with an advisory recommendation prior to a decision by the City Council. Therefore, the
CVRC function is redundant of a State mandated Planning Commission function.
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In addition, the CVRC as an approving body is required by law to review and consider
environmental documents prior to rendering a decision on discretionary permits (e.g.
design review permits, conditional use permits). The deferral to the RCC to perform that
evaluation is not appropriate and unnecessary. Since the primary functions of the RCC
are unrelated to CVRC, an amendment is proposed to remove the RCC duties from the
CVRC.
It has also been observed that in those instances where a property proposed for
redevelopment straddles areas both inside and outside of a designated redevelopment
area, the review and approval process could be complicated and potentially impossible to
implement. Under the current provisions, the review of a single project which straddles a
designated redevelopment area would end up being limited to only those portions within
the designated authority of the CVRC, leaving the remainder of the project subject to the
review of others. Although this situation never presented itself, there are numerous
locations where it could happen. The proposed amendments would add clarifying
language that defers review authority to the decision making body with the greater land
area within a project's boundazies. Exhibit C to the draft City Council Ordinance
provides a detailed strikeout underline text of the relevant amendments to CVMC Title 2.
E. Amendments to CVMC Title 18 -Subdivision Ordinance
Over the last year, a number of concepts were suggested to revise City processes for the
subdivision of land to mirror processes of other cities in the region and to provide for
more effective use of municipal resources. In addition, there are a number of changes
which are necessary to update the Municipal Code based on changes to the California
Subdivision Map Act. A subcommittee of the Oversight Committee was formed to
review a series of changes to Title 18. These changes are a compilation of the efforts of
city staff, the City Attorney's Office, members of the California Land Surveyors
Association and ASCE, as well as invaluable_input from the City of San Diego's staff.
The land development process related to the subdivision of land is primarily composed of
two phases:
The Tentative Map phase where the subdivider provides the overall plan for the
development and the City sets forth the conditions for development. This phase is
discretionary, but as the "concept" phase there is no actual subdivision of land.
Environmental review pursuant to the Califomia Environmental Quality Act is
conducted at this phase and requires that the impacts be disclosed to the decision
makers prior to making the discretionary decision.
The Final Map phase, anon-discretionary final approval, where the land is actually
subdivided.
This entitlement process outlined in the Map Act has two categories based on the size of
the project. A major subdivision is generally that which has more than four lots or is
greater than five acres. A minor subdivision, also described as the parcel map process, is
generally four residential lots or less, commercial or industrial projects or more than four
residential units on less than five acres.
The following table summarizes the major revisions to Title 18. Due to the significant
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reformatting of Title 18, staff proposes to repeal and replace the entirety of Title 18. A
clean version of the Title is included as Exhibit D, to the draft City Council Ordinance.
F. Internal Process Improvements Related to Submittal of Applications
A number of internal processing changes are being implemented at the initial stages of
the development review process to ensure a smoother transition from the "informal"
inquiry/pre-application/pre-submittal stage to the "formal" review of a project for
compliance with the City's policies, rules, regulations, and standards. In the past, much
of the review time of the first submittal was spent determining if the information
submitted met the application requirements. The proposed changes would require the
application to be complete prior to formal submittal. Optional pre-application and pre-
submittal meetings would be incentivized with "real time" savings (two-four weeks) in
order to encourage applicants to meet early with staff to make sure that the application
has all the necessary information required for staffs' review of the project. This review is
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not intended to be a qualitative review of the project but rather a review of the
completeness of the application to allow a full formal review once the application is
submitted. The Master Fee Schedule establishes a fee (hourly rate) for Pre-
application/Submittal meetings. This fee will be reviewed as part of the Fee Study update
that is currently underway.
The following is a summary of the initial steps. Attachment 5 provides a Process Flow
Chart.
Pre-Application (Optional) -The applicant may submit apre-application to go
over their specific development or land use proposal and ask more specific
questions about the project's development potential and processing including
schedule, fees or deposits, and preliminary identification of significant issues.
City staff will review the plans and prepare preliminary comments. The assigned
Project Manager will provide these comments to the applicant or schedule an
optional pre-application meeting. "Pre-application Meeting Notes" will be
prepared and provided to the applicant and retained in the City's tracking system
for future reference.
Pre-submittal Meeting (Optional) - Prior to submitting a full application package,
applicants are encouraged to schedule apre-submittal meeting with the Project
Manager regarding the project. One copy of a completed application form, a set
of the project plans and other documents (previously specified by the Project
Manager), would be provided by the applicant at the meeting. The purpose of
the meeting is to verify that the application package includes all the necessary
information required for processing the request as outlined in the application
checklist. As part of the Process Improvement Program, the Application
Checklist has been updated to be more clear and comprehensive regarding
submittal requirements.
Completeness Check (Required) -The completeness check ensures that a project
application is complete before it's routed for review and comment by other
departments/divisions and the Project Manager. A project application will be
deemed complete for processing if all the materials submitted meet the
requirements of the submittal checklist for the application type. If the
application is deemed complete, the application checklist will be initialed by city
staff and provided to the applicant at the Pre-submittal meeting along with
instructions for a full submittal as outlined in the applicable application checklist.
The applicant and Project Manager will schedule a meeting, at the earliest
possible time, to formally submit the required number of copies of the
application package for intake. As part of the Process Improvement Program, the
required number of sets of Plans/CDs has been significantly reduced to reflect
the current organizational structure of the City post budget reductions. If the
application is incomplete, staff will outline the missing items on the application
intake checklist and set up a follow-up meeting with the applicant to confirm the
incomplete items have been satisfied and initial the checklist.
Walk-in Submittals: In instances where no pre-application meeting has been
held, no previous contact with city staff has been made, and apre-Submittal
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meeting was not scheduled, a completeness check will be done but may take
from two weeks to 30 days to complete.
Once the application is deemed complete, the application will be routed for City
staff review. The review cycles will be tracked through an automated system to
improve review efficiency and access to current project status.
CONCLUSION
The initial phase of the Process Improvements Program represents a collaborative effort
on the part of the business community, local organizations, staff and City management to
seriously look at the way we do business and .begin to make fundamental changes to
improve the existing development review process. In this new era of doing more with
less, the Process Improvement Program goes a step further to also do "better". Staff
recommends that the City Council approve the proposed amendments to the Chula Vista
Municipal Code as outlined above, and adopt the new Council Policy regazding the
Public Participation Program as it relates to the development review process, as the
initial phase of the Process Improvements Program.
DECISION MAKER CONFLICTS
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)(1) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
The Process Improvement Program has been developed in response to on-going budget
and staff reductions and the need to reduce reduridancy, costs and processing timelines in
the administration of development entitlements. The administrative costs for the
development of the program have been included in the General Fund.
ONGOING FISCAL IMPACT
The first phase of the Process Improvements Program was developed with a focus on
streamlining the entitlement process to reduce staff administration and consequently an
applicant/developer's individual project costs. The majority of administrative permit
approvals (no public hearings) are processed with a fixed fee. These fees as well as all
Planning fees, established by the Master Fee Schedule, are being assessed as part of the
Fee Study Update currently underway. For those projects subject to full cost recovery
deposit accounts (primazily permits requiring a public hearing), it is anticipated that costs
savings to the applicant will be realized as a result of consolidated review processes,
streamlined appeals process, and improved process for public input. These costs savings
will be realized as reduced revenue for the Development Services Fund. The on-going
fiscal impact will depend on the number and complexity of applications that are
processed on a yearly basis.
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ATTACHMENTS:
1. Planning Commission Resolution
2. Chula Vista Redevelopment Corporation Resolution
3. Process Flow Chart inside Redevelopment Areas
4. Process Flow Chart outside Redevelopment Areas
5. Pre-submittal Process -Flow Chart
Prepared by: Mary Ladiana, Development Planning Manager, Development Services Department
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.~~ry~+~n~,~ ~- 1
RESOLUTION NO. PCM 10-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY OF CHULA VISTA CITY COUNCIL
APPROVE AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE
CHULA VISTA MUNICIPAL CODE • TITLE 19 RELATED TO
DEVELOPMENT REVIEW ADMINISTRATION PROCEDURES; PARKING
AND NON-CONFORMING USES/STRUCTURES REGULATIONS;
REDUCING REVIEW AUTHORITY REDUNDANCIES BETWEEN THE
PLANNING COMMISSION AND THE CHULA VISTA REDEVELOPMENT
CORPORATION; AND IMPROVING PUBLIC PARTICIPATION FOR THE
PURPOSES OF PROCESS IMPROVEMENTS
WHEREAS, in February 2009, the Development Services Department initiated a review
of the City's development processes to determine what improvements could be made to reduce
redundancy, administrative costs and processing timelines while not sacrificing opportunities for
eazly and often public input and review. The effort is referred to as the Process Improvements
Program ("Project"); and
WHEREAS, a staff committee was convened to identify a series of short and long term
issues that needed to be addressed to improve the development review process; and
WHEREAS, in the spring of 2009, a 25 member Development Services Oversight
Committee ("Oversight Committee"), comprised of developers, business owners, community
organizations, engineers, architects, and contractors was formed to work with staff in identifying
additional areas that needed improvement and assist in developing workable solutions; and
WHEREAS, in September 2009 and October 2009, draft code amendments were
presented to the Oversight Committee to obtain feedback on some of the major elements of the
proposed process improvements that had been drafted to date; and
WHEREAS, on November 12, 2009, a joint workshop with the Planning Commission
and CVRC was held to review and obtain feedback on some of the major elements of the
proposed process improvements that had been drafted to date including initial ideas regarding
improvements to public participation: the feedback of which has been incorporated into the draft
Municipal Code amendments; and
WHEREAS, on January 13, 2010, staff presented to the Oversight Committee a draft
comprehensive approach for Public Participation as it relates to the development review process,
and obtained input from the Oversight Committee; and
WHEREAS, on February 11, 2010, staff presented to the CVRC the draft comprehensive
approach for Public Participation as it relates to the development review, and in particular to
redevelopment areas, which currently use the Redevelopment Advisory Committee ("RAC") as
the venue for public input; and obtained input from the Boazd; and
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Planning Commission Resolution PCM 10-04 Page 2
WHEREAS, on February 18, 2010, the Oversight Committee recommended that staff
proceed with the draft recommendations for the first phase of the Process Improvements
Program, which include, but are not limited to, delegating permit decision levels; consolidating
hearings for projects with multiple permits; streamlining the appeal process; modifying parking
and non-conforming uses/structures regulations; reducing review authority redundancies between
the Planning Commission and the CVRC; and improving public participation; and
WHEREAS, on March 4, 2010, staff provided, as an information item to the RAC, the
draft comprehensive approach for Public Participation as it relates to the development review,
and in particular to redevelopment azeas which currently use the RAC as the venue for public
input; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity 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 activity is not
subject to CEQA. Thus, no environmental review is necessary; and
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least ten (10) days prior to the
hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
said Project at the time and place as advertised, namely March 24, 2010 at 6 p.m. in the Council
Chambers, 276 Fourth Avenue, and said heazing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommend
that the City of Chula Vista City Council approve an ordinance amending various sections of the
Chula Vista Municipal Code Title 19 related to development review administration procedures;
parking and non-conforming uses/structures regulations; reducing review authority redundancies
between the Planning Commission and the Chula Vista Redevelopment Corporation; and
improving public participation for the purposes of Process Improvements.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
Presented by: Approved as to form by:
Gary Halbert, P.E., AICP Bart Miesfeld
Deputy City Manager/Development Services Director City Attorney
10-14
Planning Commission Resolution PCM 10-04
Page 3
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24~' day of March, 2010, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Scott W. Vinson, Chair
ATTEST:
Diana Vargas, Secretary
10-15
~1Tr~4~rint~~v~- z
CVRC RESOLUTION NO.2010-
RESOLUTION RECOMMENDING THAT THE CITY OF CHULA
VISTA CITY COUNCIL APPROVE AN ORDINANCE AMENDING
VARIOUS SECTIONS OF THE CHULA VISTA MUNICIPAL
CODE TITLE 19 RELATED TO DEVELOPMENT REVIEW
ADMINISTRATION PROCEDURES; PARKING AND NON-
CONFORMING USES/STRUCTURES REGULATIONS;
REDUCING REVIEW AUTHORITY REDUNDANCIES BETWEEN
THE PLANNING COMMISSION AND THE CHULA VISTA
REDEVELOPMENT CORPORATION; AND IMPROVING
PUBLIC PARTICIPATION FOR THE PURPOSES OF PROCESS
IMPROVEMENTS.
WHEREAS, in February 2009, the Development Services Department initiated a
review of the City's development processes to determine what improvements could be
made to reduce redundancy, administrative costs and processing timelines while not
sacrificing opportunities for early and often public input and review. The effort is referred
to as the Process Improvements Program ("Project"); and
WHEREAS, a staff committee was convened to identify a series of short and long
term issues that needed to be addressed to improve the development review process; and
WHEREAS, in the spring of 2009, a 25 member Development Services Oversight
Committee ("Oversight Committee"), comprised of developers, business owners,
community organizations, engineers, architects, and contractors was formed to work with
staff in identifying additional areas that needed improvement and assist in developing
workable solutions; and
WHEREAS, in September 2009 and October 2009, draft code amendments were
presented to the Oversight Committee to obtain feedback on some of the major elements
of the proposed process improvements that had been drafted to date; and
WHEREAS, on November 12, 2009, a joint workshop with the Planning
Commission and CVRC was held to review and obtain feedback on some of the major
elements of the proposed process improvements that had been drafted to date and initial
ideas regarding improvements to public participation: the feedback of which has been
incorporated into the draft Municipal Code amendments; and
WHEREAS, on January 13, 2010, staff presented to the Oversight Committee a draft
comprehensive approach for Public Participation as it relates to the development
review, and obtained input from the Oversight Committee; and
10-16
CVRC Resolution 2010-
Page 2
WHEREAS, on February 11, 2010, staff presented to the Chula Vista Redevelopment
Corporation the draft comprehensive approach for Public Participation as it relates to the
development review, and in particular to redevelopment areas, which currently use the
Redevelopment Advisory Committee ("RAC") as the venue for public input; and obtained
input from the Board; and
WHEREAS, on February 18, 2010, the Oversight Committee recommended that
staff proceed with the draft recommendations for the first phase of Process
Improvements Program, which include, but are not limited to, delegating permit decision
levels; consolidating hearings for projects with multiple permits; streamlining the appeal
process; modifying parking and non-conforming uses/structures regulations; reducing
review authority redundancies between the Planning Commission and CVRC; and
improving public participation; and
WHEREAS, on March 4, 2010, staff provided, as an information item to the RAC,
the draft comprehensive approach for Public Participation as it relates to the
development review, and in particular to redevelopment areas, which currently use the
RAC as the venue for public input; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity 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 activity is not subject to CEQA. Thus, no environmental review is
necessary; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation ("CVRC") for consideration of the Project and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general
circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed
public hearing to consider said Project at the time and place as advertised, namely
March 25, 2010 at 4 p.m. in the Council Chambers, 276 Fourth Avenue, and said
hearing was thereafter closed.
10-17
CVRC Resolution 2010-
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment
Corporation recommend that the City of Chula Vista City Council approve an ordinance
amending various sections of the Chula Vista Municipal Code Title 19 related to
development review administration procedures; parking and non-conforming
uses/structures regulations; reducing review authority redundancies between the
Planning Commission and the CVRC; and improving public participation for the
purposes of Process Improvements.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PRESENTED BY:
Gary Halbert, P.E., AICP
Deputy City Manager/Development
Services Director
APPROVED AS TO FORM BY:
Bart Miesfeld
General Counsel
10-18
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment
Corporation of the City of Chula Vista, this day of 2010, by the following
vote:
AYES: Directors:
NAYS: Directors:
ABSENT: Directors:
ABSTAINED: Directors:
Christopher H. Lewis, Chair
ATTEST:
Eric C. Crockett, Secretary
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO 1
CITY OF CHULA VISTA
I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of
Chula Vista, California, do hereby certify that the foreeoing CVRC Resolution No. was
duly passed, approved, and adopted by the Chula Vista Redevelopment Corooration at a reeular
meeting of the Chula Vista Redevelopment Corporation held on the day of 2010.
Executed this day of 2010.
Eric C. Crockett, Secretary
10-19
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ORDINANCE N0. 2010-
ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING VARIOUS SECTIONS OF THE CHULA VISTA
MUNICIPAL CODE, INCLUDING TITLE 19 (PLANNING AND
ZONING) RELATED TO DEVELOPMENT REVIEW
ADMINISTRATION PROCEDURES, PARKING REGULATIONS,
AND NON CONFORMING USES/STRUCTURES; TITLE 2
(ADMINISTRATION AND PERSONNEL) RELATED TO THE
PLANNING RELATED DUTIES AND FUNCTIONS OF THE
CHULA VISTA REDEVELOPMENT CORPORATION; AND TITLE
18 (SUBDIVISIONS) RELATED TO ADMINISTRATIVE
PROCEDURES FOR THE SUBDIVSION OF LAND
I. RECITALS
WHEREAS, in February 2009, the Development Services Department initiated a
review of the City's development processes to determine what improvements could be
made to reduce redundancy, administrative costs and processing timelines while not
sacrificing opportunities for early and often public input and review. The effort is referred
to as the Process Improvements Program ("Project"); and
WHEREAS, a staff committee was convened to identify a series of short and long
term issues that needed to be addressed to improve the development review process;
and
WHEREAS, in the spring of 2009, a 25 member Development Services Oversight
Committee ("Oversight Committee"), comprised of developers, business owners,
community organizations, engineers, architects, and contractors was formed to work
with staff in identifying additional areas that needed improvement and assist in
developing workable solutions; and
WHEREAS, in September 2009 and October 2009, draft code amendments were
presented to the Oversight Committee to obtain feedback on some of the major
elements of the proposed process improvements that had been drafted to date; and
WHEREAS, on November 12, 2009, a joint workshop with the Planning
Commission and Chula Vista Redevelopment Corporation was held to review and
obtain feedback on some of the major elements of the proposed process improvements
that had been drafted to date and initial ideas regarding improvements to public
participation: the feedback of which has been incorporated into the draft Municipal Code
amendments; and
10-23
Ordinance
Page 2
WHEREAS, on January 13, 2010, staff presented to the Oversight Committee a
draft comprehensive approach for Public Participation as it relates to the development
review process, and obtained input from the Oversight Committee; and
WHEREAS, on February 11, 2010, staff presented to the Chula Vista
Redevelopment Corporation the draft comprehensive approach for Public Participation
as it relates to the development review process, and in particular to redevelopment
areas, which currently use the Redevelopment Advisory Committee ("RAC") as the
venue for public input; and obtained input from the Chula Vista Redevelopment
Corporation; and
WHEREAS, on February 18, 2010, the Oversight Committee recommended, with
full consensus, that staff proceed with the draft recommendations for the first phase of
the Process Improvements Program, which include, but are not limited to, delegating
permit decision levels; consolidating hearings for projects with multiple permits;
streamlining the appeal process; modifying regulations regarding parking and non-
conforming uses/structures; reducing review authority redundancies between the
Planning Commission and Chula Vista Redevelopment Corporation; and improving
public participation through a comprehensive citywide approach to public participation;
and
WHEREAS, on March 4, 2010, staff provided, as an information item to the RAC,
the draft comprehensive approach for Public Participation as it relates to the
development review process, and in particular to redevelopment areas, which currently
use the RAC as the venue for public input. The RAC supported the comprehensive
approach for public participation as it relates to the development review process; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity 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 activity is not subject to CEQA. Thus, no environmental review is
necessary; and
A. Planning Commission Record on Project
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City, at least ten (10)
days prior to the hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to
consider said Project at the time and place as advertised, namely March 24, 2010 at 6
p.m. in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter
closed; and
10-24
Ordinance
Page 3
WHEREAS, the Planning Commission voted 6-0-0-1 to recommend that the City
of Chula Vista City Council approve an ordinance amending various sections of the
Chula Vista Municipal Code Title 19 (Planning and Zoning) for the purpose of process
improvements; supported other process improvements, including those related to
amendments to Chula Vista Municipal Code Title 2 (Administration and Personnel) and
Title 18 (Subdivisions); and supported a draft Council Policy to implement a
comprehensive approach for Public Participation as it relates to the development review
process; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on March 24, 2010, and the
minutes and Resolution resulting there from, are incorporated into the record of these
proceedings; and
B. Chula Vista Redevelopment Corporation Record on Project
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Project and notice of said hearing, together with its
purpose, was given by its publication in a newspaper of general circulation in the City, at
least ten (10) days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed
public hearing to consider said Project at the time and place as advertised, namely
March 25, 2010 at 4 p.m. in the Council Chambers, 276 Fourth Avenue, and said
hearing was thereafter closed; and
WHEREAS, the Chula Vista Redevelopment Corporation voted 6-0-0-1 to
recommend that the City of Chula Vista City Council approve an ordinance amending
various sections of the Chula Vista Municipal Code Title 19 (Planning and Zoning) for
the purpose of process improvements; supported other process improvements,
including those related to amendments to Chula Vista Municipal Code Title 2
(Administration and Personnel) and Title 18 (Subdivisions); and supported a draft
Council Policy to implement a comprehensive approach for Public Participation as it
relates to the development review process; and
WHEREAS, the proceedings and all evidence introduced before the Chula Vista
Redevelopment Corporation at the public hearing on the Project held on March 25,
2010, and the minutes and Resolution resulting there from, are incorporated into the
record of these proceedings; and
C. City Council Record on Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
and notices of the hearing, together with its purposes given by its publication in a
newspaper of general circulation in the City at least ten (10) days prior to the hearing;
and
10-25
Ordinance
Page 4
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on April 20, 2010, at 4:00 p.m. in the
Council Chambers at 276 Fourth Avenue to receive the recommendations of the
Planning Commission and the Chula Vista Redevelopment Corporation, and to hear
public testimony with regard to the same; and
WHEREAS, after receiving said resolutions, and hearing staff presentation and
public testimony, the Council voted x - x - x to approve the amendments to the Chula
Vista Municipal Code Title 19 (Planning and Zoning); amendments to Chula Vista
Municipal Code Title 2 (Administration and Personnel); and amendments to Title 18
(Subdivisions) related to development review process improvements.
NOW, THEREFORE, the City of Chula Vista City Council does hereby ordain as
follows:
SECTION I. That the Chula Vista Municipal Code Title 19 (Planning and Zoning); Title 2
(Administration and Personnel); and Title 18 (Subdivisions) as represented in Exhibits
A", "B" "C" of this Ordinance are necessary for the purpose of improving the existing
development review process to reduce redundancy, administrative costs and
processing timelines while not sacrificing opportunities for early and often public input.
SECTION II. That the Chula Vista Municipal Code Title 19 (Planning and Zoning); Title
2 (Administration and Personnel); and Title 18 (Subdivisions) are amended to read in
the manner set forth in Exhibits "A", "B", "C", attached hereto and made a part hereof,
respectively.
EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and
after its final adoption.
Presented By:
Gary Halbert, PE, AICP
Director of Development Services/
Deputy City Manager
Exhibits:
10-26
Ordinance
Page 5
Exhibit A: Amendments to CVMC Title 19 (Planning and Zoning)
Exhibit B: Amendments to CVMC Title 2 (Administration and Personnel)
Exhibit C: Amendments to CCMC Title 18 (Subdivisions)
10-27
EXHIBIT A
Chapter 19.10
ZONES ESTABLISHED
Sections:
',19.10.010 Designated.
19.10.020 Modifying districts -Designated.
19.10.030 Classification of annexed territory.
19.10.040 Regulations applying to all zones and
'.districts.
'..19.10.010 Designated.
The several zones hereby established, and into which
the city is divided, are designated, as follows:
I A. A, agricultural zone;
B. R-E, residential estates zone;
C. R-1, single-family residence zone;
I D. R-2, one- and two-family residence zone;
I E. MHP -exclusive mobile home park zone
F€. R-3, apartment residential zone;
G€. C-O, administrative and professional office zone;
H_~. C-B, central business zone;
I#. C-N, neighborhood commercial zone;
JI. C-C, central commercial zone;
I(d. C-V, visitor commercial zone;
LJ4. C-T, thoroughfare commercial zone;
M6. I-R, research industrial zone;
NfW. I-L, limited industrial zone;
', OAl. I, general industrial zone;
P. P-O, public /quasi public zone
08. P-C, planned community zone;
RR. F-1, floodway zone;
SQ. T, tidelands zone;
TR. Unclassified uses. (Ord. 1356 § 1, 1971; Ord. 1212
§1, 1969; prior code§33.301).
19.10.020 Modifying districts -Designated.
The districts set forth below are termed "modifying
districts." The regulations of each such district shall apply
j in lieu of or in addition to the regulations of the basic district
~, listed in CVMC 19.10.010 with which the modifying district
is combined.
i~ A. D, design control modifying district;
B. S, height of buildings (stories) modifying district;
C. P, precise plan modifying district;
D. E, equestrian modifying district;
E. PUD, planned unit development modifying district;
F. H, hillside modifying district. (Ord. 1849 § 1, 1979;
Ord. 1512 § 1, 1973; Ord. 1364 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.302).
',19.10.030 Classification of annexed territory.
All territory hereafter annexed to the city shall be
Iclassifed as a part of that zoning district of the city
i recommended by the planning commission and specifed
by the city council at the time of annexation thereof. Said
district shall be in general accordance with the general
!~ plan. (Ord. 1212 § 1, 1969; prior code § 33.303).
19.10.040 Regulations applying to all zones and districts.
Except as otherwise provided:
I A. No building or part thereof or other structure shall be
erected, altered, added to or enlarged, nor shall any land,
building, structure or premises be used, designated or
'.intended to be used for any purpose, or in any manner,
other'than is included among the uses hereinafter listed as
permitted in the district in which such building, land or
premises is located.
B. No building or part thereof or structure shall be
elected, reconstructed or structurally altered to exceed in
height the limit hereinafter designated for the district in
vdhich such building is located.
C. No building or part thereof or structure shall be
erected, nor shall any existing building be altered, enlarged
'or rebuilt or moved into any district, nor shall any open
space be encroached upon or reduced in any manner,
'except in conformity to the yard, building site area, and
.building location regulations hereinafter designated for the
',district in which such building or open space is located.
D. No yard or other open space provided about any
building for the purpose of complying with the provisions of
'.this title shall be considered as providing a yard or open
:space for any other building, and no yard or other open
space on one building site shall be considered as providing
'a yard or open space for building on any other building site.
',(Ord. 1212 § 1, 1969; prior code § 33.304).
', Chapter 19.12
LEGISLATIVE ZONING PROCEDURE
ctions:
Se--
-
,•19.12.010 _
- _ -
Purpose, intent and scope of provisions -
Zoning defined.
19.12.020 Authorization for requirements.
19.12.030 Rezoning -Application required -Filing
fee.
;19.12.040 Setback lines -Establishment and change
procedure.
'19.12.050 Modifying districts - Establishment or
I attachment procedure.
',19.12.060 Hearings-Required when.
,19.12.070 Hearings -Notice required -Methods and
additional contents of notice.
19.12.080 Hearings -Notice required -Contents.
'.19.12.090 Commission -Authorization of actions and
determination of restrictiveness of
zones.
,19.12.100 Commission - Approval actions -
Procedure.
',19.12.110 Commission -Denial actions -Appeal
procedure.
,19.12.120 Attachment of conditions - Public
', improvements and precise plan
requirements.
',19.12.130 Interim zoning - Procedure generally -
Time limit.
I ~8_~8 04/14/2010o?„z?O/~~^
EXHIBIT A
;19.12.140 Prezoning -Procedure generally -When
' effective.
,19.12.150 Adopted redevelopment plans.
',19.12.010 Purpose, intent and scope of provisions -
'Zoning defined.
Zoning is a legislative act involving police power
!asserted in the interests of the public health, safety and
',general welfare. The zoning process includes the creation
'and modification of the comprehensive zoning law which
establishes designated zones with permitted uses and
.,regulations, as well as the comprehensive and uniform
',application of said zoning regulations by the classification
'and reclassification of property into designated zones. It is
'the purpose of the council to provide a zoning procedure
,which will offer a clear and definite guide to property
downers seeking zoning adjustments. It is intended that
these procedures will protect the public welfare and sound
;community planning and assure the maximum degree of
(protection for individual property rights. (Ord. 1212 § 1,
'.1969; prior code § 33.1201(1)).
19.12.020 Authorization for requirements.
Whenever the public necessity, convenience, general
',welfare or good zoning practice justifies such action, and in
',substantial conformance with the general plan of the city,
.and after due consideration and report on same by the
iplanning commission, the city council may, by ordinance,
'create, amend, supplement or change the uses and
;regulations of the comprehensive zoning law or include or
!place any property within the city into any zone as created
Viand defined in this title. The procedure for adopting such
lordinances may be noticed by a resolution of intention of
ithe planning commission, or of the council, or by an
affirmed application of one or more of the owners or parties
ihaving a legal interest in the property to be affected by the
;proposed action. (Ord. 1212 § 1, 1969; prior code
~,~§ 33.1201(2)).
;19.12.030 Rezoning -Application required -Filing fee.
Applications for any change in zone boundaries or
iclassification or reclassification of zones made by one or
;more owners or parties of interest in the property within the
urea to be affected by the proposed action shall be filed
'with the development services director'--p,mn,;r,y,
''accompanied by such data and information which would
!insure a full presentation of the facts and circumstances to
'justify the reasonableness of the proposed action. Said
'application shall be in a form as approved by the
Idevelooment services director and
~shail be affirmed by the applicant. Each application shall be
accompanied by the required filing fee(s). (Ord. 2506 § 1,
~ 1992; Ord. 1854 § 3, 1979; Ord. 1813 § 1, 1978; Ord. 1371
j§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1201(3)).
119.12.040 Setback lines -Establishment and change
iprocedure.
In those cases where setback lines have not been
'established or where they are established by subdivision
',maps or regulations of a particular zone or as shown on
the official line map, said lines may be so established or
'..changed by the adoption of an ordinance in accordance
'with the procedures set forth in CVMC 19.12.030 for a
'.change of zoning. (Ord. 1214 § 1, 1969; Ord. 1212 § 1,
1969; prior code § 33.120(4)).
,19.12.050 Modifying districts - Establishment or
',attachment procedure.
The procedure for the establishment or attachment of a
modifying district shall be the same as the zone change
'procedure and shall be subject to the conditions as
required for said modifying district. (See Chapter 19_56
.CVMC.) (Ord. 1364 § 1, 1971; prior code § 33.1201(5)).
',19.12.060 Hearings -Required when.
Upon the fling of an application or the adoption of a
',resolution by the planning commission or city council, the
'.matter shall be set for public hearing before the
commission by the development services director~#
glaaning. (Ord. 1212 § 1, 1969; prior code § 33.1202).
19.12.070 Hearings -Notice required -Methods and
,additional contents of notice.
Notices of the time, place and purpose of such hearing
',shall be given in the following manner:
A. By at least one publication in a newspaper of general
'circulation in the city as provided in the Charter, not less
',than 10 days prior to the date set for hearing;
B. By mailing a postal card or letter to all of the owners
of property within 5300 feet of the exterior boundary of the
property involved, as well as the owner of the subject
property, said owners being established for this purpose by
an examination of the assessment records held in the
office of the city clerk; provided, however, that in such
cases where the ownership has recently changed and such
knowledge is available to the development services
director ^'~~^^~:;~, notice shall also be sent in this
manner to the current occupants of said property. The
notice boundary may be increased at the discretion of the
develooment services director; or
C. In certain instances where mailed notice of hearing is
;deemed to be impractical, notice may be effected by
posting upon the subject property, and within the area of
the subject property, a notice bearing the same information
as contained in the notice to be mailed. Said notice shall
ibe mailed or posted at least 10 days prior to the date set
for the public hearing, and the development services
'director ^'~an:.:ag or his authorized representative shall
',,sign an affidavit of mailing to be held in the record. It is
(further provided that no defect or irregularity in the giving of
,such notice shall invalidate the public hearing if said
',interested parties receive actual notice by any other means
land are aware of the matter to be considered at the public
',hearing.
maryl Paee 2 04/14/20109~9>!?94-9
EXHIBIT A
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nhnll hn n }ho .V'c o!"nn }n ' nl .In ' n}'nn nF
~~r}~o ~~, o`-- - -__-- --~ti ~_ ~.,r~~t ~.. ~ .a'~~ ~ti~t ~h~ ni.....,~n,.
.'ll n'rTn. nln 'f'n~}'n of nlhn Thn !h n} f
nmm'~ 'nn ._ nn
uh'nh nl'nn!'n _.. _.--.nrln _..n rllnr n...l.J'}'.. ~n l.._... ••••-,l ••••
.. ......... .......... .........v,,,., p,,,,,,.,z,~
n.+rn
D. Notices shall be mailed to anv individuals who have
'requested in writing to be provided public notices. A fee in
the amount as presently designated or as may be in the
',future amended in the master fee schedule. shall
'accompany each request (Ord. 1212 § 1 1969 prior code
I$ 33.1202(A)).
19.12.080 Hearings -Notice required -Contents.
The notice shall contain the following information:
A. The boundaries, either by diagram, plat or brief
!description, of the area proposed to be zoned;
B. The zone into which said area is sought to be placed;
r o ~l.,ln...nn! }h ~! !hn Winn
}hn rnh! M moLn n of hhn fnllrnni n nn rl n!'n n 1c
' r n rnrnm mn
~I fie-qty-6BkPrKf~
1 TV. o! dr! nhv hn nL..,~. (I }hn
n.d 'n ihn n!'n r r ~ r ~~ ~~ ~~-
O Th of }hn n n.! n! h., . n.~l
Z TL.n} }ho n nh.. he nh..-...~I nlh c. ...
nclr'nf\r o rlncnr'LnrJ -~nrl rl nf'nnrV 'n !h'n }'Tin .,h'nhn
}}+n n of lh., nlnnn'n hn~} c !hn
hpT~".~
C8. The date, time and place of hearing before the
,planning commission;
D€. A statement that any property owner may appear
',and be heard before said planning commission.
Mailing of notices shall not be required for establishment
for amendment of comprehensive zoning laws. (Ord. 1212
i§ 1, 1969; prior code § 33.1202(6)).
section, the more restrictive the zone is in relation to other
;zones established by this title. If such required findings
.cannot be made, the commission shall deny the
lapplication. (Ord. 1212 § 1, 1969; prior code § 33.1203).
',19.12.100 Commission - RecommendationA~preval
.actions -Procedure.
Oncet# the application is considered by the planning
commission~ppreved er a mere restrictive zone
°.~~e^~'„aQ~', the commission shall forward its resolution
and the application with a report of its findings to the city
clerk who shall cause the matter to be set for hearing
before the city council in the same manner as required
'.herein for setting a hearing before the planning
.commission. (Ord. 2374 § 1, 1990; Ord. 1212 § 1, 1969;
prior code § 33.1203(1)).
119.12.090 Commission -Authorization of actions and
!determination of restrictiveness of zones.
If, from the facts presented, the commission finds that
',the public necessity, convenience, general welfare or good
'zoning practice requires the adoption or modification of a
~Iportion of the comprehensive zoning law or the
~IClassification or reclassifcation of property to any zone, the
'commission may recommend, by the affirmative vote of not
;less than a majority of the total membership of the
'commission, by resolution, the adoption of an ordinance by
the city council adopting or modifying a comprehensive
zoning law, or classifying or reclassifying property into
,particular zones. The commission may recommend the
'inclusion of property in particular zones as requested by
,the applicant, or the inclusion of the property into any other
imore restrictive zone as defined and classified in this title,
or into any of the commercial zones which are equally
lrestrictive. For the purpose of determining the
(restrictiveness of zones, the order in which a zone appears
in this title shall govern: the lower the number of the
'119.12.120 Attachment of conditions - Public
'improvements and precise plan requirements.
A. Neither the planning commission nor the city council
may attach any conditions to the zoning of any property
!except for supplemental zones as provided in this title, and
he property owner shall be authorized, without restriction,
to use the property for the uses and purposes enumerated
in the zone subject only to the regulations of the zone;
;provided, however, that the commission may recommend
or the council may require on its own motion that all public
'improvements, including streets and sidewalks and
'drainage facilities, as well as necessary dedications
ideemed needed to serve the uses authorized under the
proposed zoning, be installed as a precedent to the zoning
in order to prevent the imposition of a burden upon the
(community and the city created by said uses. The
requirement for installation of public improvements may be
deferred in accordance with the provisions as set forth in
this title.
marvl Pace ~ 10-30 04/14/2010a??~m'>,~~-'~~^
EXHIBIT A
B. In addition to the requirement for the installation of
',public improvements in necessary dedications, the
'planning commission or the city council may require that a
'precise plan be submitted for the development of the
Lproperty by attaching the P precise plan modifying district
',to the underlying zone. The precise plan includes, but is
',not limited to, the location, height, size, and setbacks of
buildings or structures, open spaces, signs, and densities.
;The requirements and circumstances for applying the P
(precise plan modifying district are set forth in full in CVMC
,19.56.040 through 19.56.048. The procedures for
jsubmission and approval of a precise plan are set forth in
',CVMC 19.14.570 through 19.14.580. (Ord. 1632 §§ 1, 3,
1975; Ord. 1222 § 1, 1969; prior code § 33.1204).
',19.12.130 Interim zoning -Procedure generally -Time
limit.
Without following the procedures otherwise required
;preliminary to the adoption of a zoning ordinance, the city
jcouncil, to protect the public safety, health and welfare,
may adopt, as an urgency measure, an interim ordinance
,prohibiting any uses which may be in conflict with a
contemplated zoning proposal which the city council,
planning commission or development services department
is considering or studying or intends to study within a
'reasonable time. Such urgency measure shall require four-
Ififths vote of the city council for adoption. Such interim
;ordinance shall be of no further force and effect 90 days
'.from the date of adoption thereof; provided, however, that
after said notice, pursuant to CVMC 19.12.060 through
19.12.080, and public hearing, the city council may, by a
four-fifths vote, extend such interim ordinance for one year.
Not more than two such extensions may be adopted. When
such interim ordinance has been adopted, every
~Isubsequent ordinance adopted pursuant to this section,
~icovering the whole or part of the same property, shall
iautomatically terminate and be of no further force and
;effect upon the termination of the first such ordinance or
zany extension thereof as herein provided. Where a
property owner alleges that a moratorium would cause
undue hardship on his property to the extent that it would
constitute a "taking" of property, the owner may request a
ipublic hearing by the city council to determine if the
property owner is entitled to relief from the effects of the
;moratorium. The city council shall hold said public hearing
;within three weeks from receipt of a written request from
jthe property owner. At the public hearing, the property
Towner shall set forth all reasons why relief is appropriate
'land the city council may approve, conditionally approve or
(deny relief from the restrictions of the interim ordinance.
i (Ord. 2235 § 2, 1987; Ord. 1212 § 1, 1969; prior code
~§ 33.1205(1)).
',19.12.140 Prezoning -Procedure generally -When
effective.
The city council may prezone unincorporated territory
iadjoining the city for the purpose of determining the zoning
;that will apply to such property in the event of subsequent
!..annexation to the city. The method of accomplishing this
'prezoning shall be as provided by CVMC 19.12.010
'.through 19.12.120. At the time of application for prezoning,
~~the applicant shall deposit with the planning department
the required fee(s) in accordance with Section 57004 of the
'Government Code. Such zoning shall become effective at
the same time that the annexation becomes effective. (Ord.
2506 § 1, 1992; Ord. 1212 § 1, 1969; prior code
§ 33.1205(2)).
'.19.12.150 Adopted redevelopment plans.
If, and in the event that, the city council adopts or has
',heretofore adopted a redevelopment plan in accordance
with the provisions of Section 33000, et seq., of the Health
',and Safety Code of the state, and said plan has been
adopted in general conformance with the procedures as
:set forth in this chapter for adoption of zoning ordinances
as applicable to particular pieces of land, said
',redevelopment plan shall constitute the zoning
'requirements regulating permitted uses and the manner of
iidevelopment of the land and shall supersede any zoning
iregulations previously adopted regulating such permitted
',uses and development standards; provided, however, if
',any aspect or element of development of the property has
not been delineated in the redevelopment plan, the
.regulations contained in the underlying zoning or in the
;provisions of this title relating to the particular use involved
'shall be deemed to be applicable. (Ord. 1900 § 1, 1980).
Chapter 19.14
ADMINISTRATIVE PROCEDURES_;Permits•
Applications: Hearings; Appeals
A,F79 VARFANGEs
i Sections:
19.14.010 Purpose. and intent of provisions.
!19.14.020 Zoning administrator-Creation of position_
Authority.
'.19.14.025 Zoning Administrator -Duties
' 19.14.030 Zoning administrator -Actions authorized
I without public hearing.
19.14.035 Zoning administrator -Actions authorized
without public hearing -Application -
Fee.
'19.14.040 Zoning administrator -Public hearing
19
1-0
0
:0 required when.
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ham
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.
-
-
',19.14.050 .
,
~
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-T
Public hearing - Mandatory when;
Consolidation of Public Hearings for
Multiple Permit Applications.
19.14.060 Conditional use permit - Defined -
Purpose and intent.
'..19.14.070 Conditional use permit -Application -Fee
-Public hearing.
19.14.080 Conditional use permit -Prerequisites for
granting.
marvl Page 4 04/14/2010o~/~m~~^
EXHIBIT A
19.14.090 Conditional use permit -Public hearing '.19.14.450 Site plan and architectural approval -
. procedure -Finding of facts. 1 Accompanying maps and drawings
19.14.100 Conditional use permit - Appeals - required.
Procedure generally. ,19.14.460 Site plan and architectural approval -
~ 19.14.110 Conditional use permit -Appeals -Form - Zoning administrator determination
I Contents -Effect of filing. authority -Endorsement required when.
19.14.120 Conditional use permit -Appeals -City '..19.14.470 Site plan and architectural approval -
clerkduties. Principles to be observed.
',19.14.130 Conditional use permit -Appeals -City 19.14.480 Site plan and architectural approval -
council action - Resolution contents Zoning permit issuance prerequisite -
and transmittal. Building inspector authority -Appeals.
19.14.140 Variance -Defined -Purpose and intent - 19.14.485 Landscape plan approval - Purpose -
Prohibited when. Required when.
.19.14.150 Variance-Application. 1.19.14.486 Landscape plan approval -Application -
19.14.160 Variance -Fee required. Accompanying documents -Fee.
19.14.170 Variance - Accompanying documents ' 19.14.490 Home occupations -Permit required when
required - Restrictions and requirements -
119.14.180 Variance -Public hearing -Procedure - Revocation when -Appeals.
Notice re
uired 19
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gin ;ecrra;t - ~e
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19.14.190 Variance -Prerequisites for granting. ;"-_~^~^~ ^^,T
19.14.200 Variance -Grounds for denial -Recurrent ',o , ^ s, n ~..., .,,...°~.,,,. _ n.... r,..,t~,...
conditions i 10 , n Gin ~,,.... ..,'. _ o,.,.° ........... .... ..°,. °~~~
.
19.14.210 Variance -Zoning administrator authority - re~iced
Notice of action 4
° ' ^ °~
^ Zaa;;
' '°° ° ~^°
~9~~2& .
Variance ~•° °'° •^ ^' 9
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19.14.2 i
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19.14.250 ~rrccror
mirtg
~
oonc
r,cann.
Variance -Appeals -City council action. ' 19.14.570 9
l6e~
e~
Precise plan approval.
'.19.14.260 Conditional use permit or variance -Time 19.14.571 Precise plan approval -Application and
limit for utilization - Void when - fee.
Extensions-Validity. ',19.14.572 Precise plan approval - Required
',19.14.270 Procedures for enforcing conditional use information.
permits and variances. 19.14.573 Precise plan approval -Public hearings.
119.14.330 Planned unit development - Approval 119.14.574 Precise plan approval - Planning
prerequisite to zoning permit issuance. commission action.
19.14.340 Planned unit development -Application - 11119.14.575 Precise plan approval -City council action.
~ Documents required. ' 19.14.576 Precise plan approval -Findings.
'19.14.350 Planned unit development - Multiple ;,19.14.577 Precise plan approval - Modifcations of
ownership property requirements. j the precise plan.
1,19.14.360 Planned unit development-Fees. 119.14.578 Precise plan approval - Zoning
119.14.370 Planned unit development -Public hearing I administrator.
-Time -Notice required. 1119.14.579 Precise plan approval - Multiple-family
19.14.380 Planned unit development - Planning dwellings and commercial or industrial
commission action. projects.
'119.14.390 Planned unit development -City council ,19.14.580 Precise plan approval - Multiple-family
I action and authority. dwellings and commercial or industrial
' 19.14.400 Planned unit development -Zoning permit projects -Zoning administrator.
-Issuance authority -Inspections. 119.14.581 .Design review committee -Creation.
;19.14.410 Planned unit development-Zoning permit X19.14.582 Design review committee -Duties and
1 - Revocation conditions -Procedure. responsibilities.
;19.14.420 Site plan and architectural approval - 119.14.583 Design review committee - Appeal
1 Purpose -Prerequisite for certain uses. ' procedure.
1,19.14.430 Site plan and architectural approval - 119.14.584 Design review committee -Membership
Application. qualifications.
' 19.14.440 Site plan and architectural approval -Fee. ';19.14.586 Design review committee -Removal or
vacancy.
;19.14.587 Design review committee -Quorum.
maryl PaseS 10- 32 04/14/2010~?O~~'',~9
EXHIBIT A
'.19.14.588 Design review committee -Schedule of
meetings.
19.14.589 Design review committee - Election of
officers.
'19.14.590 Fees for appeals and requested actions
before the planning commission and
zoning administrator.
19.14.591 Continuance of project.
',19.14.592 Implementation of design review committee
~' functions in designated areas by Chula
Vista redevelopment corporation.
19.14.600 Design review approval -Time limit for
implementation -Extensions.
19.14.010 Purpose and intent of provisions.
The purpose of this chapter is to consolidate all of the
administrative procedures and requirements for permits
applications, hearings and appeals so as to provide clear
instructions to property owners and developers and carry
out the purpose of this title. Th° ^~'^~'^ °fr^« „n ^n,f r
•rhnrn Ihn h'nn1 nrhr Inn Mnrl~ dIn nlnn nrl
rn h'1°n1 nl °b Ihn °rfnrmnnn° cMnrln rrl ...'1
n.d Ihn hmm~ n nn1'n m'4
(Ord. 1212 § 1, 1969; prior code § 33.1301).
~nra +o~o e ~ ~nan~ n nn,+n e oz ~on~~
19.14.020 Zoning administrator -Creation of position=
Authoritv.
In nr.~ler fn r°limr° Ih° nlnnnlnn cc of nnrlo'n
1'nn f nn1'n r In Ihn n n.1...'n'cIr°I'n of
In order to relieve the planning commission or Chula vista
redevelopment corporation, within designated
redevelopment protect areas, of certain routine functions
necessary to the proper administration of this chanter a
zoning administrator is created.
Authoritv. The development services director or designee
may serve as a zoning administrator. The zoning
administrator shall have the authority to consider
applications. preside at hearings
laeaflfia and make an-impartial decisions on permits maps
or other matters based on the application written materials
prepared prior to the hearing and information received at
the hearing.
19.14.025 Zoning Administrator -Determination of
Similar Uses.
Determination of Similar Uses. The zoning
administrator may determine that a proposed use not listed
in the zoning district as permitted or conditionally permitted
is allowable. if all of the following findings are made:
1. The characteristics of and activities associated
with, the proposed use are equivalent to one or more of the
listed uses;
2.(-2~ The proposed use will be consistent with
the purposes of the applicable zoning district and
3.(-3} The proposed use will be consistent with
the General Plan and anv applicable specific plan.
When the zoning administrator determines that a
proposed, but unlisted, use is equivalent to a listed use the
proposed use will be treated in the same manner as the
listed use in determining where it is allowed what permits
are required. and what other standards and reguirements
of this title a
19.14.030 Zoning administrator -Actions authorized
'.without public hearing.
The zoning administrator is authorized to consider and
Tito approve, disapprove or modify applications on the
(following subjects, and/or issue the following required
I permits without setting the matter for a public hearing:
A. Conditional Use Permit. The zoning administrator
I!~shall be empowered to issue conditional use permits, as
defined herein, in the following circumstances:
1. Where the use to be permitted does not involve the
..construction of a new building or other substantial
,structural improvements on the property in question;
2. Where the use requiring the permit would make use
of an existing building and does not involve substantial
!,remodeling thereof;
3. For signs, as defined herein, and temporary tract
houses, as limited herein;
ny
4. 2hn _.,,, ^ 'dm,,,,ctr~t^, th^,,..°d to .,..,,°.d°,
L~-per:^..as--for Csarnivals and circuses. Th-~.,~^^ ^s
~~rlminiMrntnr c4.n11 ^n1 hh° mMf F n hl'n h°nr'n n /h
.. ~_. ___. _.._..nrn n .
~r'rlnd h
i rr p.~m~o.,.. v.~vi ,
(`hi nh°
maryl Pa¢e 6 04/14/2010>~z'~~
EXHIBIT A
S. Roof-mounted Satellite dishes:
6. -Recycling collection centers (small) in accordance
(with earsuaat-te- CVMC 19.58.345(6);-
; 7. -Cellular Facilities (stealth) pursuant to CVMC
',19.89.050.
B. Variances. The zoning administrator shall be
Lauthorized to grant variances for limited relief in the case
of:
1. Modifcation of distance or area regulations;
2. Additions to structures which are nonconforming as
to side yard, rear yard, or lot coverage, providing the
,additions meet the requirements of this title affecting the
property;
3. Walls or fences to exceed heights permitted by
ordinances.
Modifications requested in said applications for relief
(described under 1. 2 or 3 above'^ "n ^,n^,'^ °!°.°,r ,•; 1"
t"° ~° °^! F^• "I'^ "°^~ ^^ shall be limited to
'deviations not to exceed 20 percent of the requirements
';imposed by ordinances.
C. Site, Architectural, and Landscape Plan Approvals.
The zoning administrator shall be empowered to grant site
plan, architectural plan and landscape plan approval as
provided herein.
D. Perfermanse~tandard Presedure. The zm.~,g
nrlmin'cirninr chnll ho n }hnr'~nrl M ' '}
fn h'nn! !n n.fn c1-+n A....,le n.l~ r
~~
F up n ~~n n~1'n„~ Th° ^d,,,'n'~..ct h~~l b
.r....,,...,. . ....,, ng ,. ~~~~.. .,~.,
-.~~I"n °f1 !n v ni m'!^ Fn. V~nm° n-.1'n
flnF'^na nna , I^!°a ~^ r~mnr ~o ~n nnn n
D. Large Family Day Care homes in accordance
witheafsuan~te CVMC 19.58.147.
19.14.035 Zoning Administrator -Application - Fee-
. Without a Public Hearing.
j A. Applications for actions authorized by the z>?oninq
aAdministrator without a public hearing shall be made to
;the development services director in writing on a form
'prescribed by the development services director and shall
Ib_e accompanied by plans and data suffcient to show the
',detail of the proposed use or building.
B. Fees. A fee, in the amount as presently designated or
las may be in the future amended in the master fee
,schedule, shall accompany each application for a variance
or conditional use permit or modifications thereto
',considered by the zoning administrator without a public
'.hearing. The development services director shall cause the
matter to be set for consideration by the zoning
administrator in the °°~..~manner as-required for setting
zoning matters for hearing pursuant to CVMC Sections
',19.12.070 (B) (C) and (D) as if the matter were to be a
',hearing.
L. -.rrl In ^ nl'n^t n nF H.n -.Fn.n.v.nn1'n nA
h'°ni Ih° . ^rlm 1r^In~ °h^II cn1 -. .+LIn
~~!'... Fnr IV.° n d!!nr°~n nF 4F.° c ...! n!'n
'~,}Ln•nni In lV.n -. nl'n n4 nn,~l !n n1"n. '..ln.n°ln.V n
a°~ ^°•'-m.1" ° "'°. In the event objections or protests are
'received, the zoning administrator shall set the matter for
',public hearing as provided herein. (Ord. 2616 §5, 1994;
''.Ord. 2526 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2290 § 1,
11989; Ord. 2075 § 2, 1984; Ord. 2011 § 1, 1982; Ord. 1813
~§ 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior
(code § 33.1302(6)).
119.14.040 Conditional Use Permits and Variances -
jPublic hearing required when.
In the case of applications for conditional use permits,
'.other than those as set forth in CVMC 19.14.030(A), the
marvl Page 7 10-34 04/14/2010v~3°,?"?~^-'~~^
EXHIBIT A
the zoning administrator shall set the matter for public
hearing in the manner provided herein and 19.12.070 and
' 19.12.080. (Ord. 1212 & 1, 1969: prior code § 33.1302 (C)).
~h hl" h 'r! rl h h II V.
r
rnandatery. (Ord. 2575 § 1?1993; Ord. 2365 § 1, 1990;
Ord. 1212 § 1, 1969; prior code § 33.1302(D)).
'',19.14.040 Varianses - ° •~"^ ~^°^^^ - •^•+ •••h^^
I ~~
I In !hn ........, ~f n..l~~.°.t. ~..., fem . ......... ...° gth°~ th :,.
=rr••
'rhn~n snr rm'fna .nr°f n ~°! Fn.i4. ".. rvnnr` fo ~n nvn !h
n.l m'n'elrnlnr chnll c°f !h° mnMnr fnr n hl'n hn^: n
n !h° „'rtnrt hnr°'n inra ~~~~ a ~ foco~ n
'sede-?33.1-302-(C})-
:;19.14.050 Public hearing - Mandatory when;
;Consolidation of Public Hearings for Multiple Permit
'Applications.
I A. The zoning administrator may, at herlhis option, refer
zany of the matters on which she/he is authorized to rule
Viand/or issue a permit to the planning commission, or Chula
vista redevelopment corporation for proiects within a
!designated redevelopment proiect area. far review. In
,addition, a project applicant may request that any such
'':matter be referred directly to the planning commission, or
~chula vista redevelopment corporation for proiects within a
'designated redevelopment proiect area, -for action. In such
(cases, a public hearing as provided herein shall be
',mandatory.
B. The applicant or other interested Any person who
disagrees with the ruling of the zoning administrator may
appeal such ruling to the city councilp~or,.
'In such cases, a public hearing as provided herein shall be
(mandatory. nn , inn .,hn a ^ .;fh ., nn ,,° n
rn of lhn nom ~lrnln nl~ nh I'nn.
_.,.. ^g ....,...,,..,.....,,, „ ~y app°,., .,...,.. ,.., ~y .
!h° .!°n'n m'Hnn In nh lhn11
~'~Inn4 r ilinn i n'I°. ~.nnn~.l chill hn r .. .. °.~I h.. 1hV d`nc.
C. When an appllCant applleS fOr more than One Defmlt
Or Other apprOVa for a Singe development. the applCatlOnS
shall be consolidated for processing and shall be reviewed
by a single decision maker or decision making body. The
consolidated application shall be heard by the decision
maker or decision making body associated with the highest
level action among the applications to be considered. The
findings required for approval of each permit shall be
considered individually. consistent with CVMC Sections
19.14.080: 19.14.190 and/or 19.14.582(E) as applicable.
For proiects subiect to design review and that are
consolidated to a higher decision making level one
member of the design review board, or the Chula vista
redevelopment corporation if in a designated
redevelopment proiect area, with design expertise may
advise the staff on the design aspects of the proiect prior to
the public hearing. The recommendations will be included
in the staff report to the highest level decision making
body'
j :'withstanding the abeve~revisiens, 'h~~^^m,g
oa m'n'Mrninr n! h'c nn!'n nl .nFn.
~'Innnlinn!'n fnr nr! .h'nh h
~~lhnr'vnrl In 'c m'f Yn lhn n'!.c n'if ~
j19.14.060 Conditional use permit -Defined -Purpose
'and intent.
The granting of a conditional use permit is an
',administrative act to authorize permitted uses subject to
',specifc conditions because of the unusual characteristic or
',need to give special consideration to the proper location of
'said uses in relation to adjacent uses, the development of
',the community and to the various elements of the general
',plan. It is the purpose of this chapter to set forth the
(findings necessary for such administrative action and to
',establish a procedure for granting conditional use permits.
'',(Ofd. 1212 § 1, 1969; prior code § 33.1303).
119.14.070 Conditional use permit -Application -Fee -
Public hearing.
A. Applications for conditional use permits or
modifications thereto shall be made to the development
services director in writing on a form
'.prescribed by the development services director plann+n5
semrxtissier~and shall be accompanied by plans and data
sufficient to show the detail of the proposed use or
'building. The application shall be accompanied by a fee as
presently designated, or as may in the future be amended,
in the master fee schedule. The development services
'.director wester-ef-p4anning shall cause the matter e, xcept
those subiect to CVMC 19.14.030 to be set for hearing
and notice such hearing in the same manner as required
for setting zoning matters for hearing pursuant to CVMC
119.12.070. Th° ,r"rnnlnr of nlnnn !hn nlnnn'n
B. In the case of hazardous waste facilities as defined in
CVMC 19.04.107, applications for conditional use permits
or modifications thereto shall be made pursuant to CVMC
19.58.178, and shall be considered by the planning
',commission or Chula vista redevelopment corporation for
.proiects within a designated redevelopment proiect area
'with a recommendation to be forwarded to the city council
'.for fnal review and action. The requirements of CVMC
19.14.090 shall apply to both the planning commission, or
:'Chula vista redevelopment corporation for proiects within a
Ldesignated redevelopment proiect area recommendation
'.,and the city council resolution, with the following
'modifications:
1. The written findings, in addition to the
;requirements of CVMC 19.14.080, shall address those
;matters as set forth in CVMC 19.58.178(K).
maryl Paoe 8 04/14/2010~~,~^_~,!'~~^
EXHIBIT A
2. The decision of the planning commissioner
Ichula vista redevelopment corporation for proiects within a
',designated redevelopment proiect area, shall constitute a
recommendation only, and shall neither be a final decision
'^+ h°^,° F~^°I nor subject to appeal
'~° ~n inn +„ ~° ~n ~~n
3. The city council's decision shall be considered
,final, and the city clerk shall transmit a copy of the
resolution as provided by CVMC 19.14.130. (Ord. 2542
§ 2, 1993; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord.
.1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.1304).
,19.14.080 Conditional use permit -Prerequisites for
'granting.
After the public hearing, the-zoning administrator, or as
',the case may be. planning commission or Chula vista
redevelopment corporation for proiects within a designated
'.redevelopment proiect area. ^• Ih° ~^^ ^^ ^•'^• ^ +.^+^.
may, by resolution, grant a conditional use permit if it the
nl^^^;^^ ^ ^r .h° > ^ ..,1,„~^~°«._tcr finds from
(',the evidence presented at said hearing that all of the
'.following facts exist:
A. That the proposed use at the particular location is
necessary or desirable to provide a service or facility which
',will contribute to the general well-being of the
',neighborhood or the community;
I B. That such use will not, under the circumstances of the
particular case, be detrimental to the health, safety or
.general welfare of persons residing or working in the
vicinity, or injurious to property or improvements in the
(vicinity;
C. That the proposed use will comply with the
regulations and conditions specified in this title for such
',use;
D. That the granting of this conditional use will not
adversely affect the general plan of the city or the adopted
,plan of any governmental agency;
E. That the proposed conditional use, if located in the
icoastal zone, is consistent with the certified local coastal
program and is consistent with the intent gf the zoning
(district. (Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code
~§ 33.1305(A)).
19.14.090 Conditional use permit -Public hearing
',procedure -Finding of facts.
Not more than 10 business
~Idavs following the decision, the decision maker whether
the zoning administrators planning commission or Chula
,vista redevelopment corporation for proiects within a
designated redevelopment proiect area shall make a
',written fnding_ specifying ,.,h~^h °h^II ^^°..'f„ the -acts
:'relied upon in rendering said decision, fully setting forth the
!facts and circumstances that fulfill or fail to fulfill the
jrequirements of this section and CVMC 19.14 080 and in
'situations where approval was granted the and-atiashi+}g
'.sash conditions and safeguardsas deemed necessary and
',desirable for such approval. ^^+ ^..° +h^^ ,n ,,..,°
°,Im btr^+.. .. fl ~h'.11 F III ^ I F +. L. 4. F 1 ,J
A copy of this written finding
of facts shall be fled fled :•?! tho ^'t ol._,~' with the
,., ~
.development services director
and mailed to the applicant. The decision ^f 1~^-p;aT;;,ng
shall become final on
(the eleventh day following the decision.'+c f;!;ng ^ ;,ho cff;c.,
ef4ge-city-s4erk, except where appeal is taken as provided
herein. (Ord. 2790, 1999; Ord. 2374 § 2, 1990; Ord. 1212
§ 1, 1969; prior code § 33.1305(8)).
19.14.100 Conditional use permit -Appeals of the
Zoninn Administrator Decision- Procedure generally.
The applicant or other interested persons may appeal
the decision of the zoning administrator to the city council
-within 10 business days from the
Nate on which after the decision wasis madef+led-with-tqe
Snall transmit to the CItV COUnCII a CgpV of its decision and
'findings, minutes of the hearing and all other evidence
imaps, papers and exhibits upon which the zoning
'.administrator made its decision. The , ^~'h° hearing on
,said appeal shall be processed by the planning-city clerk
Lsemraissien-in the same manner as a conditional use
;permit within the original jurisdiction of the zoning
administrator The decision on the
appeal by the city council shall be+s final T#e-app4isaat-ec
eilh°r 'nF~.°c+°^I °r hY.l F~.. I~ h1 f
p.,,co^.. ° moo.
~;^~:~^~ ~ °I F^.ih ~ rvnnr` ~o ~n nnn Ih h
~!'O.'~-.n.',-.o~^. (Ord. 1212 § 1, 1969; prior code § 33.1305(C)).
19.14.110 Conditional use permit -Appeals of the
'Planning Commission or Chula Vista Redevelopment
',Corporation decision -Form -Contents -Effect of
filing.
The applicant or other interested person may appeal
'from the decision of the planning commission. or Chula
'..vista redevelopment corporation for proiects within a
'.designated redevelopment proiect area granting or
denying any conditional use permit
X191^ 2^0 ^,..,~4° 1^''>_?~^ to the city council within 10
,business days from the date on which the ^a~~ ^~^,~o
',decision wasis made. F"°~+ ~••'++. Ih° ^+, nl°.h Said appeal
,shall be in writing and filed i^ 1rwith the city clerk
marvl Paee 9 10_36 04/14/2010~~~~~^
EXHIBIT A
,upon forms provided by the development servicesplaa+~iag
',department and shall specify therein that the decision of
the planning commission or china vista redevelopment
(corporation for proiects within a designated redevelopment
'.project area was in error and identify the facts and
'circumstances on which the claim of error is based.whevein
}h 4h rl f 4h I-.
', If an appeal is filed within the time limit specified, it
':automatically stays proceedings in the matter until a
''determination is made by the city council_
Where an application is neither approved nor denied by
(the planning commission or china vista redevelopment
',corporation for proiects within a designated redevelopment
project area due to a failure to achieve a majority vote~y
Iti~s-.ha~f^ r v^tac, the applicant shall have the right to
leither a rehearing at the next planning commission or china
!vista redevelopment corporation meeting, whichever is
'applicable to the project, with an opportunity to appeal the
decision of the rehearing to the city council, or may -aa
appeal directly to the city council without payment of
ladditional fees. The choice of alternatives shall be at the
discretionary ofwith the applicant. All other proceedings
!pertaining to appeals shall continue to apply. (Ord. 1212
~§ 1, 1969; prior code § 33.1306(A)).
19.14.120 Conditional use permit - Appeals of
'Corporation decision -City clerk duties.
Upon the filing of the appeal, the city clerk shall set the
matter for public hearing, giving the same notice as
required in CVMC 19.12.060 through 19.12.080. The
matter shall be placed on the council agenda and heard
within 30 days of receipt of a valid application for appeal.
The city clerk shall send the development servicesglar}n}ng
department a duplicate copy of the appeal and request the
planning commissioner or china vista redevelopment
corporation for proiects within a designated redevelopment
project area, to transmit to the city council a copy of its
decision and findings, minutes of the hearing and all other
evidence, maps, papers and exhibits upon which the
planning commission or china vista redevelopment
corporation, made its decision. (Ord. 1212 § 1, 1969; prior
code § 33.1306(6)).
'119.14.130 Conditional use permit -Appeals -City
council action -Resolution contents and transmittal.
Upon the hearing of such appeal, the city council may,
', by resolution, affirm, reverse or modify in whole or in part
any determination of the zoning administrator, planning
commission or china vista redevelopment corporation,
',subject to the same limitations and requirements of
!findings as are placed upon the zoning administrator,
jplanning commission or china vista redevelopment
'corporation. by this chapter. The resolution must contain a
jfinding of facts showing wherein the conditional use meets
or fails to meet the requirements of CVMC 19.14.080
Ithreugh-19-4409. The decision by the city council on the
;appeal is final. Not later than 10 business days following
',the adoption of said resolution, the city clerk shall transmit
'a copy of the resolution and finding to the director of
'development services ,
^^^~'~oesR.g, and shall mail a copy to the applicant. (Ord.
'.2074 § 1, 1984; Ord. 1212 § 1, 1969; prior code
§ 33.1306(C)).
19.14.140 Variance -Defined -Purpose and intent -
Prohibited when.
The granting of a variance is an administrative act to
Mallow a variation from the strict application of the
(,regulations of the particular zone, and to provide a
,reasonable use for a parcel of property having unique
characteristics by virtue of its size, location, design or
',topographical features, and its relationship to adjacent or
surrounding properties and developments. The purpose of
the variance is to bring a particular parcel up to parity with
',.other property in the same zone and vicinity insofar as a
(reasonable use is concerned, and it is not to grant any
',special privilege or concession not enjoyed by other
'properties in the same zone and vicinity. The variance may
not be used to correct improper zoning. It is the purpose of
.this chapter to set forth the findings necessary for such
,administrative action and to establish a procedure for
igranting variances. In no case shall a variance be granted
to permit a use other than a use permitted in the district in
'which the subject property is situated. (Ord. 1212 § 1,
1969; prior code § 33.1307).
1,.19.14.150 Variance -Application.
Application shall be made by the property owner to the
'zoning administrator on a form prescribed for that purpose
by the city. (Ord. 1212 § 1, 1969; prior code § 33.1308(A)).
19.14.160 Variance -Fee required.
The fee(s), no part of which shall be refundable, for a
variance or modification thereof shall be in the amount(s)
identified in the master fee schedule or any amendments
theretot~). (Ord. 2506 § 1, 1992; Ord. 2011
§ 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.1308(6)).
119.14.170 Variance - Accompanying documents
'required.
The following accompanying maps and drawings are
;required: maps and drawings required to demonstrate that
(the conditions set forth in CVMC 1-9-44-a60--t#reagh
'~°~~~^ 19.14.190 apply to subject property, together
'.with any other data that the city may required. (Ord. 1212
§ 1, 1969; prior code § 33.1308(C)).
,19.14.180 Variance -Public hearing -Procedure -
INotice required.
Except for applications for limited relief as described in
~19.14.030(B), aA public hearing for a variance shall be
held by the zoning administrator in the following manner:
The zoning administrator shall publish a notice of
'hearing in a newspaper of general circulation in the city not
maryl Pave 10 04/14/2010^'!'~S
EXHIBIT A
'iless than ten#ive days prior to the date of said hearing. In
;addition to the notice in the newspaper. nPlotice of hearing
Imay a{se-be made, at the option of the zoning
iadministrator by mail
to owners of record of surrounding property within 5300
;feet of the property for which said variance is requested.
of hc~r'n n6
'aces--Failure of owners to receive notice of hearing shall in
no way affect the validity of action taken. (Ord. 2374 § 2,
1990; Ord. 1212 § 1, 1969; prior code § 33.1308(D)).
;19.14.190 Variance -Prerequisites for granting.
j The zoning administrator shall grant a variance only
,when the following facts are found:
A. That a hardship peculiar to the property and not
',created by any act of the owner exists. Said hardship may
include practical difficulties in developing the property for
the needs of the owner consistent with the regulations of
the zone; but in this context, personal, family or financial
',difficulties; loss of prospective profits; and neighboring
'.,violations are not hardships justifying a variance. Further, a
~! previous variance can never have set a precedent, for
each case must be considered only on its individual merits;
I B. That such variance is necessary for the preservation
viand enjoyment of substantial property rights possessed by
'other properties in the same zoning district and in the same
'vicinity, and that a variance, if granted, would not constitute
la special privilege of the recipient not enjoyed by his
',neighbors;
C. That the authorizing of such variance will not be of
substantial detriment to adjacent property, and will not
materially impair the purposes of this chapter or the public
~~ interest;
D. That the authorizing of such variance will not
',adversely affect the general plan of the city or the adopted
~ plan of any governmental agency;
E. That in the coastal zone, granting of variances is
('consistent with and implements the certified local coastal
program, and that the granting of such variances does not
;reduce or in any way adversely affect the requirements to
.;protect coastal resources as specified in the zones
(included in this title, and that the variance implements the
',purposes of the zones adopted in implementation of the
;local coastal program.
I In the coastal zone, tThe zoning administratordirecter~#
I may grant a
(variance to a regulation prescribed by this title only with
(respect to fences, walls, hedges screening, or
landscaping; site area, width, frontage or depth; front, rear,
or side yards; basic floor area; height of structures; or
distances between structures, courts or usable open space
has the variance was applied for, or in modified form, if, on
the basis of the application and the evidence submitted,
jthe zoning administrator '
'.,makes the following findings of fact that establish that the
,circumstances prescribed in subsections (A) through (C) of
',this section apply:
1. Because of special circumstances applicable to
Ithe property, including size, shape, topography, location, or
surroundings, the strict application of the title deprives such
!property of privileges enjoyed by other property owners in
'.the same land use classification in the coastal zone;
2. That the strict application of the specified
',provision would deprive the applicant of privileges enjoyed
by the owners of other property classified in the same use
i~classification in the coastal zone; and
3. That the granting of the variance will not
',constitute a grant of special privilege inconsistent with the
,limitations on other properties in the same use
',classification in the coastal zone. (Ord. 2790, 1999; Res.
'11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1308
I(E))~
',19.14.200 Variance -Grounds for denial -Recurrent
conditions.
No grant of a variance shall be authorized if the zoning
administrator finds that the condition or situation of the
specific piece of property, or the intended use of said
property for which variance is sought, or one or the other in
',combination, is so general or recurrent in nature as to
'make reasonably practicable the formulation of a general
',regulation for such condition or situation. (Ord. 1212 § 1,
',1969; prior code § 33.1308(F)).
119.14.210 Variance -Zoning administrator authority -
'Notice of action.
The zoning administrator may approve said variance, ec
may grant said variance subject to specified conditions, or
may deny said variance. The zoning administrator shall
'notify the applicant within 10 #eR#~witk>-efdavs of action
taken. (Ord. 2374 § 2, 1990; Ord. 1212 § 1, 1969; prior
',code § 33.1308(G)).
19.14.220 aFar:'••^~ o.e.e... ~ ~«e «., s
...~«
-.._~
I Cnllnudnn 14... of '. ti r 44.0
~rlm~i~naL..r h4.~V. 'I.I^n~ rlnrr ^4.~II ^
~I
19.14.230 Variance -Transferability.
Unless specified otherwise at the time variance is
igranted, the variance applies to subject property for an
'..indefinite time and is transferable to any future owner of
!subject property. (Ord. 1212 § 1, 1969; prior code
'§ 33.1308(1)).
19.14.240 Variance -Appeals -Procedure generally -
Effect of filing -Public hearing.
The applicant or other interested party may appeal the
decision of the zoning administrator to the c
council ,within 10 business days from
maryl Paee 11 ~~ ~ 04/14/2010 ' '
THIS PAGE INTENTIONALLY LEFT BLANK
10-39
EXHIBIT A
the date on which ai#er said decision was+s made.#+led-w+t#
+~° ^~„~-~erT. Said appeal shall be in writing and fled is
Itr+pl ^,w+`~with the development services planniru0
department on forms provided by said department, and
'.shall specify twherein that t"°r° the
idecision of the zoning administrator was in error and
'identify the facts and circumstances on which claim of error
is based. If an appeal is filed within the time limit specified,
it stays proceedings in the matter until a determination is
'made by the city council.pl^^^'^^ .The c
;council shall set the matter for hearing
as set forth herein
in CVMC'°.'~o.°R^ 19.12.070 and
19.12.080. t#reugla-~1~10~ The decision of the city
'council is final.
Where an application for a variance is included in a
(consolidated hearing and is neither approved nor denied
by the planning commission or Chula vista redevelopment
(corporation for projects within a designated redevelopment
project area due to failure to achieve a majority voteby
'~tiss-isa.;~°n r vales, the applicant shall have the right to
!,either a rehearing at the next planning commission or Chula
;vista redevelopment corporation meeting, whichever is
!applicable to the project, or an appeal to the city council
(,without payment of additional fees. The choice of
'ialternatives shall be at the discretionaFy ofwit# the
applicant. All other proceedings pertaining to appeals shall
;continue to apply. (Ord. 2084 § 1, 1984; Ord. 1212 § 1,
,1969; prior code § 33.1309 (A)).
., : ^.
..I'^~. L.I° /Il r.+ 1717 R 1 ~ OR°~ n n^rl^ R 11 14n0/Q\1
19.14.260 Conditional use permit or variance -Time
limit for utilization -Void when -Extensions -Validity.
!performed in reliance of the permit granted, or the use of
jthe property in the manner granted by the permit.
' (b~B. Expiration Date. A permit and the rights granted
'there under shall expire if the applicant has not utilized the
'permit prior to the expiration date of the permit, including
janv extensions granted pursuant to subsection (c) of this
section.
I C.Fs) Application forRea~rest an#er Extension. Prior the
',expiration of a permit, the appropriate decision maker.
'whether the zoning administrator. the planning
commission, or Chula vista redevelopment corporation for
projects within a designated redevelopment project area
!whichever heard the original application, may grant an
'.extension of time contained in a then currently and valid
',variance or conditional use permit without a public hearing
:,upon written request of the property owner provided that:
1.- thai-Tlhere has been no material change of
circumstances since the granting of the variance or
',conditional use permit; and.
2. Such changes if any which when considered in
conjunction with the construction or use of property
'theretofore permitted would not be injurious to the
neighborhood or otherwise detrimental to the public
welfare.
D. Stay of Procedings. If an application for extension of
(time is filed in a timely manner the permit shall be
'automatically extended for a period of 60 calendar days
.from the expiration date or until a decision on the extension
'of time has been made. whichever occurs last.
E(~ Review of Application. An application for an
extension of time of a permit shall be reviewed by the
development services director to determine whether the
proposed development has significantly changed or is in
substantial conformance with the approved permit. If the
proposed development is in substantial conformance with
the approved permit, an extension will be granted and an
application for an amendment to the permit will not be
required. The extension of time may be granted without
notice or public hearing by the original permitting authority.
upon making a determination that the fndings and
conditions of the original approval still apply and if the
original permit account balance is in good standing. The
burden of proof is on the permittee to establish with
substantial evidence that the permit should not expire.
F. Length of Extension. An extension shall not exceed
'^^ '^ ^~'~'+'^^^' 12 months- from the original
expiration date ^^^~~,-De~a;teo.
G. Fees. The-F#ee(s) for an extension of time for a
variance or conditional use permit shall be in the amount
identifed in the master fee schedule or any amendments
theretot~;. (Ord. 2506 & 1 1992 Ord. 2011
§ 1 1982 Ord. 1212 § 1 1969 prior code 6 33.1310).
marvl Paee 12 1-~=~9 04/14/2010~~''°°%~'~o
10-41
EXHIBIT A
'.19.14.270 Procedures for enforcing conditional use
.permits and variances.
A. The director of development
services shall investigate evidence presented to him or her
to determine whether probable cause exists that any of the
following has occurred or is substantially likely to occur
regarding any variance or conditional use permit:
1. Fraud. That the variance or conditional use
permit approval was obtained by fraud;
2. Non-Use. That the uses and privileges
,authorized by the variance or conditional use permit have
knot been initiated in the manner and within the 36~
months specified in CVMC 19.14.260, and no extension of
,time has been granted;
3. Abandonment. That the property or any
structure thereon subject to the variance or conditional use
',permit has been abandoned or the use authorized has
'.ceased for a period exceeding 12 months;
4. Violation of Conditions. That the variance or
conditional use permit is being or has been exercised
',contrary to the conditions of said permit, or in violation of
',any applicable licenses, permits, regulations or laws;
5. Violation of Use. That the variance or
,conditional use permit is being or has been exercised in a
!,manner other than or in excess of the ase-right granted;
6. Public Health, Safety and Welfare. That the use
I~for which the variance or conditional use permit was
obtained is being or has been exercised so as to be
(detrimental to the public health, safety, or general welfare
or so as to constitute a public nuisance.
If the director of development
(services has probable cause to believe that any of the
'.,foregoing has occurred or is substantially likely to occur,
jhe/she shall issue a recommendation as to what action
'should be taken. The recommendation shall be submitted
to the individual or body which issued the conditional use
'.permit or variance (hereinafter referred to as "permitting
'authority').
B. The permitting authority shall hold a public hearing to
'consider the director of development
3services recommendation regarding the conditional use
permit or variance.
C. Notice of any public hearing to consider violations of
I~variances and conditional use permits shall be given
(consistent with the procedures set forth in CVMC
19.12.070. The notice shall contain the following
i information:
1. The date, time, and place of the public hearing;
2. The identity of the permitting authority;
3. A general explanation of the matter to be
',considered including the nature of the planning director's
'recommendation;
4. A general description, either in text or by
',diagram, of the location of the property.
D. Procedures for Public Hearing. The following
',procedures shall be followed for public hearings provided
',for in this section:
1. Recommendation and Reports. The director of
development servicesplanniag ^^a„~baii~o
'.recommendation and any accompanying staff reports, if
,any, shall be made available to the public prior to
,commencement of the public hearing provided for herein.
2. Recordation. The public hearing may, at the
'written request of an interested party, be recorded by either
ja recording device or stenographer.
3. Testimony. Any witness offering evidence or
~itestimony may be placed under oath and subject to cross-
iexamination at the request of the permitting authority or
any party interested in the matter which is the subject of
the hearing.
4. Relevancy. Evidence or testimony must be
I, relevant or material to the fact or facts at issue. Any
',relevant evidence may be admitted if it is the sort of
'evidence upon which responsible persons are accustomed
to rely in the conduct of serious affairs, regardless of the
',existence of any common law or statutory rule which would
:.otherwise make improper the admission of such evidence
in civil actions. All irrelevant and unduly repetitious
,evidence may be excluded.
S. Hearsay. Hearsay evidence shall be
'admissible, but the fact that evidence is hearsay may affect
the weight given to the evidence in reaching any
determination of any question of fact. Hearsay evidence
;may be used for the purpose of supplementing or
explaining other evidence, but may not be sufficient by
',itself to support a decision unless it would be admissible
',over objection in civil actions.
6. Privileges. The rules regarding privileges shall
'~ be effective to the extent they are raised and otherwise
(required by law to be recognized at the hearing.
7. Procedural Compliance. The hearing need not
Ibe conducted under rules relating to evidence. Failure of
!the permitting authority to strictly enforce rules of evidence
and reject certain matters which may be irrelevant or
',immaterial shall not be sufficient to constitute reversible
',error on the part of the permitting authority if basic
(procedural due process is granted to all affected parties
land a fair hearing has been conducted. Errors which do not
affect substantial rights will be disregarded and no
,presumption of prejudicial error is raised by the failure to
'strictly adhere to procedural requirements.
' E. The permitting authority, after public hearing, shall
(make a finding or findings whether any or all of the factors
articulated in subsection (A) of this section apply to a
conditional use permit or variance.
F. Based on its findings, the permitting authority may do
'any one or a combination of the following:
marvl Paee 13 lQ_49 04/14/2010&~?8}9
EXHIBIT 9
1. Maintain the existing variance or conditional
use permit without modification;
2. Modify or delete any provision or condition of
'the variance or conditional use permit;
3. Establish any new condition or provision;
4. Revoke the variance or conditional use permit;
5. Establish any fine or charge which may be paid
',in lieu of revocation, modification, or imposition of a
'condition.
G. Written Decision. The permitting authority must issue
'a written decision explaining the factual basis for its
decision. Notice of the permitting authority's written
decision and action shall be mailed to the affected party
sand any interested party requesting such notice consistent
,with CVMC 19.12.070. Said notice shall be filed with the
'city clerk.
it H. Right of Appeal. Within 10 business days after the
;notice of the written decision is filed, unless the date is
Iwaived by the appellate body upon a showing of good
'cause, any interested party who participated in the public
;hearing or the director of development servicesplanning
^~'~-oQ„d:ns may appeal the written decision to the
I appropriate appellate body as follows:
1. If the permitting authority is the zoning
(;administrator, appeal shall be filed with the city council
',body, or a waiver is obtained. All written decisions issued
'by the city council shall become final when notice of such
,written decision is fled.
N. After the written decision becomes final, it shall be
filed with the director of development
',services and a copy may be filed with the county recorder
Hof San Diego County. Uses and structures must be brought
',into compliance with the final decision or otherwise brought
into compliance with the underlying zone. Where a
,variance or conditional use permit is revoked, it shall
become void. (Ord. 2790, 1999; Ord. 2520 § 1, 1992).
',19.14.340 Planned unit development -Application -
Documents required.
Application shall be made on a form prescribed for this
;purpose by the city not less than three weeks prior to a
' 2. If the permitting authority is the planning
commission or Chula vista redevelopment corporation,
!,appeal shall be filed with the city council;
3. If the permitting authority is the city council, no
'further appeal is available.
I. The appeal shall include a statement of the reasons
(supporting the appeal, including a demonstration that any
Tissues being raised were raised during the public hearing.
i J. After an appeal is filed and accepted, the appellate
ibody shall hold a public hearing consistent with the
,provisions set forth in this section. The appellate body may,
in its discretion, consider additional evidence not presented
at the public hearing.
K. The appellate body may reverse, uphold, or modify in
,any manner a written decision or take any action consistent
''with this section, after public hearing, upon a written
appellate decision. Notice of the written appellate decision
shall be mailed to the affected party and any interested
,party requesting such notice consistent with CVMC
;19.12.070. Said notice shall be filed with the city clerk.
L. Appeal to City Council. If the appellate body is not the
,city council, an appeal may be filed by any interested party
'(who participated in the appeal or by the director of 19
~~development services who may request an
,appeal to the city council within 10 business days after the
notice of the written appellate decision is filed, unless
Iwaived by the city council upon a showing of good cause.
.The appeal shall include a statement of the reasons
;supporting the appeal, including a demonstration that any
j issues being raised were raised during the public hearing.
j M. Any written decision regarding an appeal shall be
final on the eleventh day after its filing, unless an appeal is
':regularly scheduled meeting of the planning commission.
',Application shall be accompanied by a zone change
application establishing the modifying district. (Ord. 1500
§ 6, 1973; Ord. 1212 § 1, 1969; prior code
'§ 33.1312(A)(1)).
'19.14.350 Planned unit development - Multiple
',ownership property requirements.
Where property is held by more than one owner, the
application for the planned unit development must be
',accompanied by the written consent of all property owners
for initiated by the city council. (Ord. 1500 § 6, 1973; Ord.
1212 § 1, 1969; prior code § 33.1312(A)(2)).
~i
'(19.14.360 Planned unit development -Fees.
The fee for planned unit development or modification
'whereof shall be the required fee(s). (Ord. 2506 § 1, 1992;
(Ord. 2011 § 1, 1982; Ord. 1961 § 1, 1982; Ord. 1500 § 6,
11973; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code
il§ 33.1312(A)(3)).
119.14.370 Planned unit development -Public hearing -
'Time -Notice required.
', A public hearing shall be held by the planning
.commission and city council as provided herein:
', A. Such hearing before the city council shall be set for
(public hearing by the city clerk within 20 days after
',planning commission action;
B. The secretary of the commission and city clerk shall
,(publish notice of hearings in a newspaper of general
circulation in the city not less than 10 days prior to the date
', of said hearings. Failure of owners to receive notice of
aimely filed, if such an appeal is available to an isswng
marvl Paee 14 04/14/2010~,~'.~~^
EXHIBIT A
hearings shall in no way affect the validity of action taken.
(Ord. 2374 § 2, 1990; Ord. 1500 § 6, 1973; Ord. 1212 § 1,
1969; prior code § 33.1312(A)(4)).
,19.14.380 Planned unit development - Planning
'commission action.
In taking action, the commission may recommend to the
',city council denial of a planned unit development, may
',recommend approval of the planned unit development as
',submitted, or may recommend approval of a planned unit
'development subject to additional conditions. Any planned
'unit development as authorized shall be subject to all
,conditions imposed, and shall be excepted from other
provisions of this chapter only to the extent specified in
said permit or shown by an approved plan. (Ord. 2374 § 2,
,1990; Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code
~§ 33.1312(A)(5)).
'',19.14.390 Planned unit development -City council
',action and authority.
', The city council, after the public hearing and
:consideration of the matter, may affrm the action of the
',planning commission, deny the action of the planning
',commission, or modify conditions recommended by the
planning commission. An affirmative vote of at least three
,members of the city council shall be necessary to change
or modify the recommendations of the planning
',commission. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969;
prior code § 33.1312(A)(6)).
19.14.400 Planned unit-devefepment Zen;a9-Pefm:E
I Cnlln..i nn !H° n nl of n nl..nnnrl '! rf I i h
'',fhn n~n, v n'i ~ih° n ~ndn,~..'~«...~~.- ~ti~n' -----
- ---~- ..._ _nn n~ _ _ _ _ ,
n n~ n n
'~,~n n norm'! ~ rn.,'.~°rt r`~mnr ~o ~n Gnn ih r~y h
i~o ~n GGn nnrt lhe, !. 'LI'n 'n coin °h~!! a.-~ ~„oh..i
..g „ cp.,.,..,,
'.In nln nn!'c nrlnri~L°n ..nrl n nl°M.! y1 f
~~'~ ~ ~oao~ n nna°.c Zz ~z~oimn~~
I'~~o ~n non Dion °a ... •f .+....ninn..,....f ~ ~!
'. g~.~n !h° n~rm'H°° n~t.~......f ~nlnnl ~n :°. r,,.ok~ .....~~' .-r..rt
ni e.nei 1n rln r M of n'.~I m'i L. ..'.~
rl i 4h° niv n ' n'I ih t ih
n ..
...'! i.n r nL°.! TV.° n'i, 'I h..ll 4. ...~. 1L.v
...'! nrl° nhnl.! ~ ihn ..f'.. f Ih
-,y r °
;19.14.420 Site plan and architectural approval -
IPurpose -Prerequisite for certain uses.
The purpose of site plan and architectural approval is to
!determine compliance with this chapter and to promote the
orderly and harmonious development of the city. A building
zoning permit shall not be issued until site plan and
.architectural approval has been obtained for the following
uses: for any use requiring site plan and architectural
'approval in the zone regulations, and for any use requiring
a conditional use permit. (Ord. 1212 § 1, 1969; prior code
§ 33.i313(A)).
19.14.430 Site plan and architectural approval -
'Application.
I Application shall be made to the zoning administrator on
a form prescribed for this purpose by the city. (Ord. 1212
§ 1, 1969; prior code § 33.1313 (A)(1)).
.19.14.440 Site plan and architectural approval -Fee.
The fee, no part of which shall be refundable, shall be
the required fee(s). (Ord. 2506 § 1, 1992; Ord. 1813 § 1,
1978; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(2)).
.19.14.450 Site plan and architectural approval -
Accompanying maps and drawings required.
The application shall be accompanied by the information
required in CVMC 19.56.042 for a precise plan and other
drawings as are necessary to enable the zoning
Ladministrator to make the determinations under this
chapter. (Ord. 1632 § 1, 1975; Ord. 1212 § 1, 1969; prior
,code § 33.1313(A)(3)).
'19.14.460 Site plan and architectural approval -Zoning
administrator determination authority -Endorsement
required when.
The zoning administrator shall determine from data
'submitted whether the proposed use will meet the
irequirements of this chapter and shall approve the
'application upon making a positive finding. The application
imay be disapproved, may be approved as submitted, or
'',may be approved subject to conditions, specified changes
or additions. The approval of the zoning administrator shall
be noted by endorsement upon two copies of all sketches.
(Ord. 1212 § 1, 1969; prior code § 33.1313(A)(4)).
,
II19.14.470 Site plan and architectural approval -
Principles to be observed.
In carrying out the purpose of this title, the zoning
administrator shall consider in each specific case any or all
of the following principles as may be appropriate:
A. It is not a purpose of this title that control of design
'character should be so rigidly enforced that individual
initiative is stifled in the layout of any particular building or
'site and substantial additional expense incurred; rather, it
!is the intent of this title that any control exercised be the
',minimum necessary to achieve the overall objective of this
title.
B. Good design character is based upon the suitability of
building and site design for its purposes; upon the
,appropriate use of sound materials; and upon the
'principles of harmony and proportion in the overall design.
marvl Page 15 ~ ~~~ 04/14/2010n' i~ni~ni n
EXHIBIT A
C. Good design character is not, in itself, more
expensive than poor design, and is not dependent upon
the particular style of design selected.
D. The siting of any structure on the property, as
'(compared to the siting of other structures in the immediate
I neighborhood, shall be considered.
E. The size, location, design, color, number, lighting and
(,materials of all signs and outdoor advertising structures
shall be reviewed. No sign shall be approved in excess of
,the maximum limits set by any ordinance of the city.
F. Landscaping in accordance with the landscaping
!manual of the city shall be required on the site and shall be
in keeping with the character or design of the site and
:existing trees shall be preserved whenever possible.
G. Ingress, egress and internal traffic circulation shall be
Iso designed as to promote convenience and safety.
H. All the factors specified in this section shall be related
o the setting or established character of the neighborhood
for surrounding area.
I. Undergrounding of overhead utilities may be required
by the zoning administrator subject to approval of the
jplanning commission. (Ord. 1653 § 1, 1975; Ord. 1356 § 1,
11971; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(5)).
',19.14.480 Site plan and architectural approval -2-eni~fg
perrn',r-issaaase~,•eregaisite Building inspector
,authority -Appeals.
A. Following site plan and architectural approval by the
!zoning administrator as provided in this chapter, a gad
„~rfnrr °II nlhnr ~ nrn°hln r nnlc nF !h'n ,-hnn}nr
~1.° h° n1 !hn ..h inF h. 'Irvin nw'n ~hnll
~snn'n m'} •/anrl r`\/n4(` 1n 1A cnn }h rn nh
;,o nn ~Gn and Sk}all--~~ - tk#at~~°„elgp:.^,eRt~S
~'Ipl^n^. A copy of the decision resolution of the zoning
administrator shall be filed with the development services
'drrector eF ^'°^^ ^^ °^a h ''~' ^^ and mailed to the
;applicant. Appeals from determinations by the zoning
administrator shall be to the city council plaaning
Isen~aissien-upon written request for a hearing before the
city counciloefamissiea. In the absence of such request
'.being filed within 10°°~~^ ~'a~ business days after
determination by the zoning administrator, the
determination shall be final.
B. The appeal shall be filed with the development
,services director_ on the form
(required by the development services directordlrester~f
'' p'°^^ ^^ °^'' h '~' ^^ and be accompanied by the
',nonrefundable required fee therefor. The appeal shall
I~include a statement of the reasons supporting the appeal,
';including a demonstration that any issues- being raised
',were raised before the zoning administrator. Upon the
'',proper filing of the appeal, the development services
!director ^F ^'^^^ ^^ ^^~+ h I~+ ^^ shall cause the matter to
Abe set for public hearing, giving the same notice as
required in CVMC 19.12.070 and 19.12.080. The matter
(shall be placed on the council agenda and heard within 30
'(days of receipt of a valid application for appeal
C. Upon the hearing of an appeal, the c
(council may, by resolution, affirm,
',reverse or modify, in whole or in any part, any
',determination of the zoning administrator. The resolution
',shall contain findings of facts showing wherein the project
.meets or fails to meet any applicable site plan and
architectural principles in CVMC 19.14.470, the provisions
lof the design manual or any design standards required for
the project, or other nonconformity with the requirements of
this chapter. A copy of the decision resolution of the c
'council shall be fled with the
'development services director city-sterk-and mailed to the
applicant. The decision of the city councilgtanning
semm+ssiea Shall be final. ^ !hn nl°••°n«h ,,^ . nf1^r 'Ie
4'I' ! ..h f rIh I 'rl
n Thn rn nt nth° nt° t°a I
cpp,.,...., v.., ,., n,..,..u., pew,
41+n A°..'e of !h°r nln r
.. ~ .......... ... .. ... r...,.,, ,y ...,,~„~~,.,.n.,..
', ~{~ ~'h° nlnn n.Y rnh'tnn! rnl nl M 4V.n 'h
n'I •.,~}h'n nn rl n••c nH°r cn'fl r1°n' _ _ f'I a 'fh Ih
r'Iv nl°rL Cn'r1 n nl nL...ll hn 4lnrl '!h 4hn~~nL ~. ~-~~ ,~~_
'. h.,il.iinn nn.i hn 'n.~l h• h f rlnhl
'rnrl in° !h `nr`inr The ~+ nil eh..ll ' nl rl 1^I
rnq_..~ ..,. ~pp.
of Ih° n.t'n th ^ nl I a'
.....,..,, ,,. ..pp., ,.y .. Grr.. ,,,~~
I~mm~n nfr^I'n ^ }L ntyn ~° nrl r1
...n ,.ny .s...., nrn
i rl~~rln.. }hn n hl'.. V.n^r' cIF ~ -.I '^, Fln.~l r^'Ih'
_.,nn nrnnnr nnn ,,, .., ,,,,.
r_....,.. 7. .~ .. r~..r.,~ ..rN".~ ~..
I}h° 1'm° I'...'Y~ c c^'F"^.~ '4 -. t -.t' nll !n a'
Li~ihn oli° n}'I d°t° n1'n nd h ti; '«
..... _, ..,, , .. ...,,,,,,,,,. ,.,,, ,., r.,.... ~, «,
' C I (nnn Ih° f'I'nn of }Ln -. 4hn ..'! .-b.n nn«
~thn mnlMr fnr bl"^ heni n !I.
.,... p.. .., ..g, g~a~~y .., .,....,~ ,
rnrt 'n r~/nnr no no mn nna no n~ n>zn Th '} wl L
hall n°nri }hn rl'rnnlnr nF nlnnn nrl h 'LJ' .. a I' n
n, ten
~'mi nF Ihn hnnr'nn hninr° Ihn nlnn n'nn nnmm' '
„a _ _. ..._ ..__.. .__ _,,. _... ... r.,..... ..~ ............. .~
hr~l/nr ...1 m'n blrnMr /i n .1v nrl nll nIh°r n•.'ri°v V
n.d vl.'b'In n .,h'nh thn In °~
'~ of ewer hn~.nn iho nnl the ..'R n'I h
opp. .; ..v..,.... ,.,c), ~,
nl 1'n nfF'r nr~l'F.v ..hnln
it
~+~•~•• n~rlofnrm r.. n",..L }h° ~ nrl m'n'clrnlnr nr Ihn
nlnnn n^ Thn r_ _ n_'I r nI Fr.n L.. •. h'nh 14.
~ nln ^.Ann'rlnrV n~hnll n1^ FnrY'n of f^r-!n nhn~ `~~_
~..h° .... :Il.n.,..~...,..^`.~..~~^; ~~~... ~F..~Ic }n yv n1 }L.° V nl'r... L.l°
dIn nln non nh'Inn1 nl nl° mrvnnr ~n ~n nnn
,
~'!h° of +f.n r.V ~, n'n^ ^I an
pr ............. ... „~.. ,....,~yn „~,.~~,. ,,, ^~ ....c,g,
.i 11. Ihn °nIc of Ih'n nhnnln. A of }4.°
'rl^ nl 1'n nF RV.° r-'4 • ^'I ~h^II h^ it °r~l • '«h l4.n
n.!„ r-InrL na n'In.l tc thn n r^ nt (Ord. 2790, 1999;
..,. ,,,... „ cpp,,....,,
iOrd. 2587 § 1, 1994; Ord. 1212 § 1, 1969; prior code
~~§ 33.1313(A)(6)).
119.14.485 Landscape plan approval - Purpose -
Required when.
I The purpose of landscape plan approval is to determine
!compliance with this title and the provisions of the
maryl Pace 16 04/14/2010^'^a /n~~n
EXHIBIT A
'.landscape manual of the city. Landscape plan approval
(shall be required for the feNew+++g-projects pursuant to
'CVMC 20.012.030.: ,
i^nnn,a n'+ an ,nlnmm~n+ nlnn~f~n,+ naorn
~'nrnn~co nlanc norLinn In+c ,ui+h five n n}nllc onr!
',y•^''^'',~°:epeT(Ord. 2616 § 3, 1994; Ord. 2011 § 2, 1982).
19.14.486 Landscape plan approval -Application -
'Accompanying documents -Fee.
', A. Applications for landscape plan approval shall be
',made to the zoning administrator, and shall be
accompanied by the drawings and information. prescribed
by the landscape manual, or other landscape regulations.
.Each application shall also be accompanied by the
required filing fee(s).
B. Appeal. The zoning administrator shall approve,
;conditionally approve or deny landscape plans. The
(applicant may appeal a denial or conditions imposed upon
',approval by filing a written appeal to the~,^sg
!semralssieacity council, in accordance with CVMC
',19.14.050, within 10 business days of receipt of notification
'of denial or conditional approval from the zoning
'',administrator. Such appeat-_shall be in writing on the form
!promulgated by the affected director, accompanied by the
required fee, and shall specify wherein the action of the
',zoning administrator is inconsistent with the landscape
''.manual and/or other applicable ordinances, manuals or
policies of the city. The ^'^^^ ^^ ^^^,^^'°° ^^city council
may grant, conditionally grant, or deny the appeal. The
,decision of the city council ^'n^^ ^^ n^^,^~'°°'^^ is final,
and shall be based upon the landscape manual, and/or
other applicable ordinances, manuals, or policies of the
jcity. (Ord. 2616 § 4, 1994; Ord. 2506 § 1, 1992; Ord. 2011
§ 2, 1982).
I C. Create a nuisance by reason of noise, dust, odor,
vibration, fumes, smoke, electrical interference, or other
'..causes;
D. Permit any external display of products, merchandise,
'or any sign to identify the home occupation.
A home occupation permit shall be revoked by the
develooment services$laf+ning-_director upon violation of
any requirement of this chapter, or of any conditions or
''limitation of any permit issued, unless such violation is
'corrected within 15 days of notice of such violation, and
lahy such permit may be revoked for repeated violation of
the requirements of this section or of the conditions of such
,permit.
In the event of denial of any permit, or the revocation
thereof, or of objection to the limitations placed thereon,
appeal may be made in writing to the planning commission,
whose decision shall be final. (Ord. 2506 § 1, 1992; Ord.
2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code
I§ 33.1314).
10.1"..000 ~ening~ermit Required when
F-Rw-pa.vr.T
~' Shn nom., ..i the ...'+ +
p..,~p,,,,,, ., >_
,8, 16369, ne evrf+er shad;--esiak~4;s#~~.,;~th~
~~nu~°h...., n+ of ., ° ~h^ a f ., l~ d
.__.. _..... _... _ .^.~ ,,... ... ., ..y..,. ..,,., .. ~~~ .~ ..~
~.}hn h '1.~1'..n n°nMr nrn, '.+n.~l h +h ~+
__.._...~ ...^.~r.,...,.., r. ,,....~..~ ,,..... ,,., ~..,, ..y
... ~+ °hvli hn .° ~.°a cam, th t' f h i
Ali ..... ., of r, y~+^nh in.~+ ~o~o a ~y ~oan~~,va«a
§~ ,
119.14.490 Home occupations -Permit required when -
~Restrictions and requirements -Revocation when -
!Appeals.
In any R zone, a customary home occupation may be
!permitted subject to a home occupation permit granted by
the development services plaaaiag-director which is merely
!incidental and secondary to residence use. Each such
permit shall be accompanied by the required fling fee(s).
!The following are typical home occupations: fine arts,
!handicrafts, dressmaking, millinery, laundering, preserving,
home cooking, route salesman; or sesendary-offce of a
',doctor, dentist, lawyer, architect, engineer, teacher or
',member of another recognized profession. The home
occupation shall not:
'I A. Involve the use of power equipment using motors of
I more than a total of one horsepower capacity or the
;equivalent thereof, unless a use permit therefor shall have
been issued by the planning commission;
~ B. Generate vehicular traffic in excess of that associated
iwith a residential use;
marvl Page 17 10-46 04/14/2010^'~''~9
EXHIBIT A
;19.14.570 Precise plan approval.
Where use is made of the precise plan procedure, as
'provided in this title, a buildin zoning permit shall not be
;issued for such development or part thereof until the
'planning commission and city council have approved a
',precise plan application for said development as provided
i in CVMC 19.14.571 through 19.14.580. (Ord. 1632 § 2,
11975).
19.14.571 Precise plan approval -Application and fee.
Application shall be made on a form prescribed for this
purpose by the city and shall be accompanied or preceded
by a zone change application establishing the P modifying
district. The required fee(s) shall accompany the precise
plan application. (Ord. 2506 § 1, 1992; Ord. 1961 § 1,
1982; Ord. 1632 § 2, 1975).
119.14.572 Precise plan approval - Required
!information.
I The application shall include:
A. The name and address of the applicant and of all
jpersons owning any or all of the property proposed to be
used. The application must be signed by the owner/option
i holder, or written permission must be given authorizing an
,agent to sign the application;
B. All data and maps as specified in CVMC 19.56.042.
I!, (Ord. 1632 § 2, 1975).
;19.14.573 Precise plan approval -Public hearings.
', A public hearing shall be held by the planning
'icommission and city council as provided herein:
A. The hearing before the city council shall be set by the
(city clerk within 30 days after planning commission action.
B. The secretary of the planning commission and city
;clerk shall publish notice of hearings in a newspaper of
'..general circulation in the city not less than 10 days prior to
,the date of said hearings. Failure of owners to receive
'.notice of hearings shall in no way affect the validity of
'action taken. Any requested exceptions to the
requirements of the underlying zone shall be specified in
.the public hearing notice. (Ord. 2374 § 2, 1990; Ord. 1632
§ 2, 1975).
19.14.574 Precise plan approval - Planning
,commission action.
In taking action the commission may recommend to the
',city council denial of a precise plan, approval of the precise
(plan as submitted, or approval of a precise plan subject to
additional conditions. The planning commission may
'.recommend approval if, from the facts presented, the
'commission can make the necessary findings noted in
',CVMC 19.14.576. Recommendation for approval shall
',require the affirmative vote of not less than a majority of
',the total membership of the planning commission. Any
,precise plan, as authorized, shall be subject to all
',conditions imposed, and shall be excepted from other
'provisions of this title only to the extent specified in the
'resolution of approval or shown by an approved plan. (Ord.
12374 § 2, 1990; Ord. 1632 § 2, 1975).
19.14.575 Precise plan approval -City council action.
The city council, after the public hearing and
,consideration of the matter, may affirm the action of the
'planning commission, deny the action of the planning
(commission, or modify conditions recommended by the
'planning commission. An affirmative vote of at least three
'members of the city council shall be necessary to change
'or modify the recommendations of the planning
',commission. (Ord. 1632.§ 2, 1975).
19.14.576 Precise plan approval -Findings.
~I The planning commission may recommend approval of
~~the plan and the city council may grant approval of the plan
if all of the following facts are found:
A. That such plan will not, under the circumstances of
'the particular case, be detrimental to the health, safety or
general welfare of persons residing or working in the
'vicinity, or injurious to property or improvements in the
,vicinity;
B. That such plan satisfies the principle for the
!application of the P modifying district as set forth in CVMC
19.56.041;
C. That any exceptions granted which deviate from the
';underlying zoning requirements shall be warranted only
'when necessary to meet the purpose and application of the
P precise plan modifying district;
D. That approval of this plan will conform to the general
!plan and the adopted policies of the city. (Ord. 1632 § 2,
1975).
marvl Patre 18 04/14/2010~'r''~r'_~
EXHIBIT A
'19.14.577 Precise plan approval -Modifications of the
precise plan.
Requests for modifications shall be submitted to the
',development services ptBRlaing'director in written form and
,shall be accompanied by the required fling fee(s) and such
'.additional maps, statements or other information as may
be required to support the modifcation. If the proposed
modification is deemed by the development services
.director ^f~m'Q^.,r^R^g to be insignificant in nature, the
.changes may be approved by the director subject to the
',filing of a written report to the planning commission and city
'.council. If, in the opinion of the director of planning, the
proposed changes are significant in scope, the applicant
'.will be notified within 10 days of the written request that a
new application and hearing will be required. (Ord. 2506
§ 1, 1992; Ord. 2011 § 1, 1982; Ord. 1632 § 2, 1975).
',19.14.578 Precise-Plan approval bon;.,g
~ adRFIR76~trat6F.
Following the resemmendatiens-b9 1~--"~,-,~-^pla^r^„n„g
nrl nl of n nl°n h, Fh` n'f
o.Ym 'MrMnr °V.nll
'c^ n n -inn"n
nth°h 'Irf'nn nnnfnr nh^IIn Ihn4 ,-1 1 t'
_. ..,. ° .............. ........... .,.,,,,p....,.. r,
~.lnrfn Lon n.! nln4n.i nf~rm~n.-n .'tV~ V~
',19.14.579 Precise plan approval - Multiple-family
'.dwellings and commercial or industrial projects.
Notwithstanding the provisions of other sections of this
'chapter, the review of precise plans for multiple-family
,dwelling, commercial, or industrial projects shall be
'procedurally governed by the rules adopted by the design
.review board^^^~~.~F'^^°, created under CVMC 19.14.581.
;(Ord. 1893 § 1, 1980; Ord. 1771 § 2, 1977).
;19.14.580 Precise plan approval - Multiple-family
',dwellings and commercial or industrial projects -
!,Zoning administrator.
Following the approval or conditional approval of a
precise plan for amultiple-family dwelling, commercial, or
'~ industrial project by the design review boardsemmittee, or
;upon appeal, by the planning commission or city council,
the ~'~a'~r hnll ~°--- - --.. _....f =-
,building inspector shall ensure that the development is
'undertaken and completed in conformance with the
approved plan. (Ord. 1893 § 1, 1980; Ord. 1771 § 2, 1977).
.19.14.581 Design review boardsemmittee -Creation.
In order to relieve the planning commission of certain
routine functions necessary to the proper administration of
;this chapter, to intensify this municipality's efforts to
improve its townscape, and to promote the orderly growth
sand amenity of the city and environs, there is established a
';design review board^^^^.>~m.a~'f°°° with such authority as is
jgranted by this chapter. The design review
;board^^^".TM°° 's purpose is to ensure that development
,within the city of Chula Vista is orderly, of a high quality,
'and consistent with city-approved design guidelines. (Ord.
12822 § 1, 2000; Ord. 1771 § 3, 1977).
19.14.582 Design review boardserr+r~ittee -Duties and
responsibilities.
A. "The design review boardseaxalttee or Chula vista
redevelopment corporation for proiects within a designated
redevelopment oroiect area shall review plans for the
'.establishment, location, expansion or alteration of,~~
structures in all multi-familvl~ residential -zones, all
'commercial and industrial zones, ^^'' ~°~~°I^^^~°^~ ~^~+
rid ~~°'^P^~^^' ^ Whin redevelepment~rejest area
h^ ^~'~~a.,~^°^°, and shall approve, conditionally approve or
'deny such plans„ ,, nF .,hoc .^ nnFe ..,. ..:::,~
°r. p.,,,..,..,
6ounllar° nF ., n.~ln.,nlnn Y ^h^h h
r r ter-
2f riper nl 4n !hn rl I F h Th
r 'a r ~ti
rlnf'n°.1 'n nn D~^nl FTI 7979
., .., ,,, ~^y.. Gy.
4 Tin .~In 'H h-.II ..1 I
inr ihn nN-.hfeL.... t •I V I
nr r ~
°I n'1 M: nl nF ! ! I
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\Nlth In the ~o9c nn F
B6. The responsibility of the design review
board^^^~ff°°° shall be limited to the review of site plans,
landscaping, and the exterior design of buildings, for
',consistency with city-approved design guidelines. In
'reviewing a residential project, the DRBC shall consider
(the costs7benefits of any recommended improvement as
'; reported by the applicant.
D. The-design review ^~,,,Rwee ..ho!! ,.,.,.,.. cl!
.3Rgp~lc f'In.l 4n of . .~1 I' f fh
° °
tra,~r
E. The design review board^^^~~,'FI^^^ shall base its
Endings and actions upon the provisions of the effected
j design manuals of the city.
F. The design review board^^^^~'F'^^^ shall prepare and
adopt operational procedures, bylaws and business forms.
G. The design review board^^^^~.,m,n.'"°"°° shall submit
,annual reports on its operations to the city planning
(commission, ^^~' ~°~'°~~°'^^^,°^! ^^°^^
H. The fee fora hearing before the design review
board^^^~'~^^ is the required fee(s).
I. The zoning administrator has the discretion, with the
concurrence of the applicant, to act in the place of the
'design review board^^^^w.,~~ff°°^ in the case of minor
projects, including signs; ~r~~r~,a~' ind~..'~~,~.'-~^~
nnY en on nnn F F
w6inhn, c~°c -end r'd'rm'nl^r • f f 'f
Ino~, Tl.n nvn.~l...' f nI ..I t' th L. f
,In°'n w fh f new
~"
':construction or additions to commercial, industrial, or
iinstitutional projects with a total floor area of 20,000 square
',feet or less. and residential proiects of ten units or less
marvl Paoe 19 ~ 0_4a 04/14/2010n~~~zm~n
EXHIBIT A
'_s~h~~ In^-~f°a .r'!h'n nl~.n nn.,l
n'h• i!h in rin 'rlnl'n nrV rln
Lreuiew-~resess-The zoning administrator shall base its
findings and actions upon the provisions of the effected
ldesign manuals of the city. A decision of the zoning
'administrator may be appealed to the city councildesign
:nom°°° in the same manner as set forth in
,CVMC 19.14.583. The fee for zoning administrator design
review shall be the required fee(s). (Ord. 2822 § 1, 2000;
Ord. 2603 § 2, 1994; Ord. 2506 § 1, 1992; Ord. 2365 § 2,
1990; Ord. 2350 § 1, 1990; Ord. 2309A § 4, 1989; Ord.
'2142 § 1, 1986; Ord. 2036 § 1, 1983; Ord. 1961 § 1, 1982;
',Ord. 1893 § 1, 1980; Ord. 1771 § 3, 1977).
19.14.583 Design review boardcommittee - Appeal
iprocedure.
A. wr°..! rl°r'd •nl.in lF.n rn.in• nlnnm°n!
',prejestsT~he applicant or other interested persons may
ifile an appeal from the decision of the design review
'boardsemraittee to the city council
within 10 businesswerk+ng days after the decision is made.
i
'FI'n nl bnm H.n .lndn m'Hnn r!'rnn«hr
The
II'appeal shall be in writing and filed ia--Eriplisatc~with the
'development services plaaaiag-department on forms
;prescribed for the appeal, and shall specify therein the
',argument against the decision pf the design review
boardseaamittee. If an appeal is filed within the time limit
,specified, it automatically stays proceedings in the matter
!until a determination is made by the city council{~aar~ing
'~~i ~-~ nun nlc r -,rrt'n nn«~
./!h'n rnrl n••nlnnm°n« nnhc chnll H° flnr! .i lh !h°
',~.~nlo~~s rtan~~ n!sn rrtrrt ~rl «~h°
'~ B. Upon the hearing of such appeal, the c
'council may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of
ithe design review board^^^^~r•.;,,~.'!!°«°°. The resolution must
'(contain a finding of facts showing wherein the project
(meets or fails to meet the requirements of this chapter and
ithe provisions of the design review manual.
C. The decision of the city council
!is fnaLm , hn ., olnr! .n «hn n!, n'I 'n «hn n
n« anr«h !h'° nn!'n am ^I~ Ln'!hn
(Ord. 2822 § 1, 2000; Ord. 2036 § 1,
',1983; Ord. 1994 § 1, 1982; Ord. 1771 § 3, 1977).
';19.14.584 Design review boardcemmittee -
~ Membership qualifications.
' A. The design review boards^^'«!°° shall consist of
'five members appointed by the majority vote of the council.
',The membership shall be comprised of persons sensitive
to design consideration and interested in townscape
I~matters. Persons qualified for membership shall include
'architects, landscape architects, land planners, develepefs
sand other design professionals with suitable experience.
B. All members should be familiar with and able to read
'.and interpret architectural drawings, and be able to judge
;the effect of a proposed project, structure or sign upon the
surrounding neighborhood and community. (Ord. 2822 § 1,
2000; Ord. 1771 § 3, 1977).
,19.14.586 Design review board^^~~„~.~«~^^ -Removal or
(vacancy.
' Any member of the design review boardserr~m+itee may
Abe removed by a majority vote of the city council. A
',vacancy shall be filled in the same manner as an original
',appointment and the person filling the vacancy shall serve
'for the remainder of the removed member's unexpired
.term. If a member is absent without cause from three
consecutive regular meetings, the office becomes
'automatically vacant. A member is not absent without
'',cause if the absence is due to illness, business or vacation.
~~(Ord. 1771 § 3, 1977).
119.14.587 Design review boardcemmittee -Quorum.
A. Three members shall constitute a quorum. Action by
'!the design review boardsemmittee requires a majority vote
'of the quorum.
B. If a project is scheduled for a meeting of the design
'review boardseramittee for final approval, and a quorum is
root available for the scheduled meeting, the applicant-may
choose to have the matter considered by the DRBS at its
next meeting, may request a special DRBS meeting to
'consider the matter, or may request that the DRBS
application be considered by the planning commission (at
no additional cost to the applicant) at its nett available
(meeting (subject to public noticing requirements) for action,
nom! a^! !hn nor nrn^!'n hn ma„rrn,~
~~rl'r°nH.• !n !hn n'hr n n'I /..4 n n! In !hn .. nl'n n!\ ..! in
ne*t ava+lah',r~rneet;;,~(sab °^' !n hrn ns n
°^'°` `^r ^^'^^ _-(Ord. 2822 § 1, 2000; Ord. 1771
§^3, 1977).
119.14.588 Design review boardsemmittee -Schedule
lof meetings.
The design review boardserarafttee shall meet at least
loncetwise each month. Special meetings may be held in
;accordance with provisions of the Government Code of the
'.state. The meetings shall not be held on any legal holiday.
'(Ord. 1771 § 3, 1977).
19.14.589 Design review boardsAmnaittee -Election of
Lofficers.
At the first regularly scheduled meeting of the design
(review board^^^^~'µ^^^, and on each July thereafter, the
limembers shall elect a chairman and vice-chairman from
among its members to serve a term of one year, and until
,the successor of each takes office. (Ord. 1771 § 3, 1977).
'19.14.590 Fees for appeals and requested actions
before the design review board
!and zoning administrator.
marvl Paee 20 04/14/20100^-.,'`1O'~o
EXHIBIT A
For all appeals from actions of the design review board
or zoning administrator or any appeal
',filed pursuant to Chapter 19.12 or 19_14 CVMC, the fee
.shall be the required fee(s). In addition, any request for
action by the planning commission not specifically covered
,within the fee structure established by this chapter shall be
subject to the required fee(s) therefor. (Ord. 2506 § 1,
1992; Ord. 2011 § 1, 1982; Ord. 1813 § 2, 1978).
',19.14.591 Continuance of project.
Any action by the DRBS to continue a project shall be
.done with the concurrence of the applicant. If the applicant
.does not agree to a continuance of the project the design
review boardcemmittee shall render a decision. If the
project is denied an explanation of the reasons for denial
.shall be provided. (Ord. 2822 § 1, 2000).
'.19.14.592 Implementation of design review
boardsemrfl+ttee functions in designated areas by
'.Chula Vista redevelopment corporation.
In accordance with Chapter 2.55 CVMC, and
notwithstanding any provision of this chapter, the Chula
',Vista redevelopment corporation shall carry out the duties
of the design review board^^~*'^^ within those
geographic areas of the city that the city council designates
as areas within which the Chula Vista redevelopment
(corporation has the authority to exercise planning and
redevelopment functions. (Ord. 3009 § 4, 2005).
19.14.600 Design review approval -Time limit for
implementation -Extensions.
(a}A. A design review approval (permit) grants the
;applicant 36 months to initiate utilization of the permit. A
,permit shall be deemed to be utilized if the propertv owner
ihas substantially changed his position in reliance upon the
'grant thereof. Evidence of change of position would include
!completion of construction, substantial work has been
',performed in reliance on the permit granted or the use of
(the propertv in the manner granted by the permit..
~}B. Expiration Date. A permit and the rights granted
thereunder shall expire if the applicant has not utilized the
permit prior to the expiration date of the permit including
anv extensions granted pursuant to subsection (c) of this
section.
C(~. Request for Extension. Prior the expiration of a
,permit, the appropriate decision maker whether the zoning
administrator. the planning commission or Chula vista
'redevelopment corporation for projects within a designated
'redevelopment project area, may grant an extension of
time contained in a currently valid permit without a public
hearing upon request of the propertv owner provided that
1. Tthere has been no material change of circumstances
since the granting of the permit
2. That such changes if anv -which when considered in
,conjunction with the construction or use of propertv
(theretofore permitted would not be injurious to the
neighborhood or otherwise detrimental to the public
welfare.
D Stav of Proceedinos If an application for extension
of time is filed in a timely manner the permit shall be
',automatically extended for a period of 60 calendar davs
,from the expiration date or until a decision on the extension
'of time has been made whichever occurs last
E.
~~ Review of Application An application for an
F. Length of Extension An extension shall not be in
excess of 12 months from the
original expiration date ~^~~~ ~^ ^•^^~^~+ of the permit
G. Fees. The fee(s) for an extension of time for a
!variance or conditional use permit shall be in the amount(s)
I indentified in the master fee schedule or anv amendments
thereto!-~,^ • •^,~ sooi^~
(Ord. 2506 § 1 1992 Ord 2011 S 1 1982 Ord 1212 S 1
1969; prior code § 33.1310).
19.14.700 Closing of Permit Applications
The Dermit application file shall be considered inactive and
closed if the applicant fails to maintain a positive deposit
account balance and fails to submit resubmit or respond
to a request for ^ ~^, ~ ^ste~' materials
information. or additional deposit within 90 calendar davs
from the date the application was deemed complete or by
the date provided in the last written request by the City
marvl Paoe 21 1 [1-50 04/14/2010&~/?9}8
9 ~, IyyL; Vlq. L.SUyH `? 1, l`Jt5`JJ.
EXHIBIT A
whichever is later. n s,o ~,a,.roa ,r4,„o i l~.n
- .,.,r n
..oln.l nf..rm n!'n n4or'nlc frnm lV.n fL.M 4V.o
mn~~
apB~'^„rnt;on-::2o ao,...~,~~a ,n;.,ln~~.,, i~~•~;,'Rlt~,r
~! ~, . !tio r~l., . v.'.. v,,,,, in!„ Once Closed, the
application, plans and other data submitted for review may
ections_
i
- - --
'19.20.010 Purpose and intent.
119.20.020 Permitted uses.
19.20.030 .Accessory uses and buildings.
!19.20.040 Conditional uses.
119.20.050 Repealed.
;19.20.060 Height regulations.
119.20.070 Area, lot width and yard requirements.
ii 19.20.080 Enclosures for animals.
19.20.090 Site plan and architectural approval.
~~19.20.100 Off-street parking.
'19.20.110 Floor area per unit.
'19.20.120 Off-street parking -Garages.
''.19.20.130 Performance standards.
'19.20.010 Purpose and intent.
~! The purpose of the agricultural zone is to provide a
(zone with appropriate uses for areas rural in character,
'which are undeveloped and not yet ready for
urbanization. The zone is intended to preserve in
'agricultural use land which may be suited for eventual
development in urban uses, and which will encourage
(proper timing for the economical provision of utilities,
(major streets, and other facilities, so that orderly
,development will occur. (Ord. 1212 § 1, 1969; prior
''~, code § 33.501(A)).
'19.20.020 Permitted uses.
Principal permitted uses in the agricultural zone
include:
A. Agriculture, as defined in CVMC 19.04.010 (see
iCVMC 19.58.030 for "processing plants");
B. One single-family dwelling per lot or parcel;
C. Public parks;
D. Factory-built home/mobilehome on any lot subject
''to the provisions of CVMC 19.58.145 and 19.58.530.
(Ord. 1941 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.501(8)).
',zone, subject to the regulations for such as required
herein, include:
A. Living quarters of persons regularly employed on
,the premises and transient labor, maximum of two
'.families; but not including labor camps, labor
dwellings, or other accommodations or areas for
'.transient labor (see CVMC 19.58.200 for provisions for
,labor dwellings or camps);
B. Guest houses (see CVMC 19.04.106 for definition
'of "guest house"), subject to the provisions of CVMC
19.58.020(D), and not rented or otherwise conducted
'as a business;
C. Customary incidental home occupations, subject
to the provisions of CVMC 19.14.490;
D. Offices incidental and necessary to the conduct of
a permitted use;
E. Private garages and parking areas subject to the
',provisions of CVMC 19.58.230 and 19.58.280;
F. Roadside stands, not exceeding 400 square feet in
floor area, for the sale of agricultural products grown
'on the premises;
G. Public and private noncommercial recreation
!,areas, uses, and facilities, including country clubs and
'swimming pools subject to the provisions of CVMC
19.58.090;
H. Stables and corrals subject to the provisions of
.CVMC 19.58.310;
I. Accessory second dwelling units, subject to the
',provisions of CVMC 19.58.022. (Ord. 2897 § 2, 2003;
'Ord. 2145 § 2, 1986; Ord. 2124 § 3, 1985; Ord. 1364 § 1,
x,1971; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
'.code § 33.501 (C)).
'.19.20.040 Conditional uses.
The following uses shall be permitted in the A zone
'provided, a conditional use permit is issued in accordance
',with the provisions of CVMC 19.14.030(A) or 19.14.040 as
Imay be applicable and 19.14.050 through 19.14.090:
'~A. Poultry farms, subject to the provisions of CVMC
19.58.240;
B. Kennels, subject to the provisions of CVMC
19.58.190;
C. Riding stables, subject to the provisions of CVMC
.19.58.190;
D. Guest ranches, subject to the provisions of CVMC
119.58.270;
E. Quarters, accommodations, or areas for transient
I' labor in excess of two families, such as labor dwellings or
'.,camps, subject to the provisions of CVMC 19.58.200;
F. Stables and corrals. subject to the provisions of
;CVMC 19.58.310:
G. Hav and feed stores retail subject to the provisions
of CVMC 19.58.175
H. Plant nurseries.
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental
to any of the above uses permitted in the agriculture
The following uses shall be permitted in the A zone
',provided. a conditional use permit is issued by the planning
marvl Pate 22 04/14/2010!-~,!z~^-'~8
Chapter 19.20
', AGRICULTURAL ZONE
EXHIBIT A
'commission or china vista redevelopment corporation for
'protects with a designated redevelopment project area, or
for unclassified uses as defined in CVMC 19.54.020.
I€. Electric substations and gas regulators, subject to
Ithe provisions of CVMC 19.58.140;
J6. Undassifed uses, see Chapter 19_54 CVMC_;
n n nr c v'dnnn
I"f~tvbi ^'~ n rnlc L.'ent Tn 4hn nrn of
c. ~..- -_.. _._, ___~__. ._ ..._ _.._._.._ _.
_-_-..- __ ___ ____ _ _. __- _- _ _ _ __r.. _. __ -
~_ ~ _
~_~ ~ -L.1 i nn.J in rl c4nroc f I e ti"o f fn fho n""-nneof
~VMG-1-9-58-~7~;
~ o~^c°r (Ord. 1604 § 1, 1975; Ord. 1356 § 1,
,1971; Ord. 1212 § 1, 1969; prior code § 33.501(D)).
119.20.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1,
1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
node § 33.501(E)).
',19.20.060 Height regulations.
No structure shall exceed two and one-half stories or
'35 feet in height, except as provided in CVMC
19.16.040. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
'prior code § 33.501(F)).
119.20.070 Area, lot width and yard requirements.
The following minimum requirements shall be
,observed in the agricultural zone, except where
modified for conditional uses (see CVMC 19.16.020,
19.16.050, 19.16.060 and 19.16.080 for exceptions and
,modifications):
Yards in Feet
Front and
Lot Width Maximum Exterior Side One Side Both Side
Classification Lot (ft.) Stories Yards Yard Yards Rear
Areas
A-8 8 acres 300 2-1/2 50* 20 50 50
A-X as desi nated on zoning ma but not less than eight acres
* Or not less than that specified on the building line map shall be provided and maintained. The setback
,requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks
jrequired in the zoning district.
marvl Paee 23 10-52 04/14/201031-'?~~8
EXHIBIT A
X19.20.080 Enclosures for animals.
'i Any building or enclosure in which animals or fowl,
except domestic pets, are contained in the agricultural
'zone shall be distant at least 200 feet from any lot in
' any R or C district, or from any school or institution for
human care. (Ord. 1212 § 1, 1969; prior code §
'.19.20.090 Site plan and architectural approval.
Site plan and architectural approval is required of all
'',conditional uses in the agricultural zone, as provided
in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1,
X1969; prior code § 33.501(H)(2)).
119.20.100 Off-street parking.
Off-street parking is required for all uses in the
;agricultural zone as provided in CVMC 19.62.170
'.through 19.62.190. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
' 1969; prior code § 33.501(H)).
119.20.110 Floor area per unit.
' Minimum floor area regulations shall be as required
'in CVMC 19.24.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
11969; prior code § 33.501(1)).
';19.20.120 Off-street parking -Garages.
A. Off-street parking is required for all uses, as
',provided in CVMC 19.62.010 through 19.62.130.
', B. The two-car garage requirement for single-family
homes shall apply, as provided in CVMC 19.62.170
-through 19.62.190. For garage conversion regulations,
Isee CVMC 19.62.170 through 19.62.190. (Ord. 1356 § 1,
'1971; Ord. 1212 § 1, 1969; prior code § 33.501(J)).
'119.20.130 Performance standards.
'~ All uses in the agricultural zone may be subject to
initial and continuing compliance with the performance
;standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971;
i,Ord. 1212 § 1, 1969; prior code § 33.501(K)).
Chapter 19.22
R-E -RESIDENTIAL ESTATES ZONE
Sections:
' 19.22.010
~~, 19.22.020
19.22.030
19.22.040
~, 19.22.050
' 19.22.060
,` 19.22.070
'', 19.22.080
'. 19.22.090
',when.
19.22.100
and intent
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Repealed.
Height regulations.
Area, lot width and yard requirements.
Minimum lot frontage.
Minimum lot area -Reduction permitted
Floor area per unit -Minimum -Purpose
i 19.22.110 Floor area per unit -Minimum -
Regulatory provisions.
19.22.120 Off-street parking.
19.22.130 Performance standards.
19.22.140 Fencing requirements.
', 19.22.150 Panhandle lots, flag lots, or lots served
by an easement- Requirements and conditions.
19.22.160 Floor area ratio.
19.22.170 Building additions and remodeling.
19.22.010 Purpose.
The purpose of the R-E zone is to promote and
preserve an open, rural environment on large parcels
', of land. The R-E zone is designed to accommodate
',suburban single-family homes and compatible
agricultural uses with requirements for the community
services and facilities appurtenant thereto. (Ord. 1212
§ 1, 1969; prior code § 33.502 (A)).
''.19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot
or parcel;
B. Crop and tree farming. (Ord. 1212 § 1, 1969; prior
',code § 33.502(6)).
19.22.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental
to any of the above uses shall be permitted in the R-E
zone subject to the regulations herein:
A. Guest houses (see CVMC 19.04.106 for definition
of "guest house"),subject to the provisions of CVMC
119.58.020(D), and not rented or otherwise conducted
'as a business;
B. Customary incidental home occupations, subject
to the provisions of CVMC 19.14.490;
', C. Private stables and corrals, subject to the
',provisions of CVMC 19.58.310;
'i D. Full-time foster homes and small family day care
',homes, as defined in CVMC 19.04.095 and 19.04.098;
'1 E. Temporary tract offices and tract signs, subject to
'the provisions of CVMC 19.58.320 and 19.60.470;
F. A satellite dish antenna may be located in a
;residential district when it complies with the following
'.conditions:
1. It is ground-mounted;
2. It is not located in a front yard or exterior side
',yard, said yard to be measured from any portion of the
,building to the front or exterior side property line;
', 3. It complies with setback requirements of the
',underlying zone for accessory structures;
4. It does not exceed 12 feet in height above existing
grode;
5. It shall be located on lots where at least alive-foot-
high solid wall or fence is installed between the dish
,antenna and adjacent properties;
', 6. It shall be adequately screened from any adjacent
(residential zone, right-of-way, or private street
~~easements, at horizontal grade level to the satisfaction
,of the zoning administrator;
marvl ~ Page 24 04/14/2010o?~oi~o
EXHIBIT A
7. It shall not be located in the H -hillside modifying
district;
8. Only one satellite dish antenna shall be permitted
per lot;
9. Satellite dish antennas with diameters measuring
less than one meter may be installed in a manner
',consistent with typical television antennas;
10. Satellite dish antennas shall be used for private,
noncommercial purposes;
11. All satellite dish antennas, in any zone
constructed and erected prior to the effective date of
Ithe ordinance codified herein, which do not conform to
',the requirements of the provisions of this title for the
particular zones in which they are located, shall be
'accepted as nonconforming antennas for a period of
'.three years, to expire February 14, 1989. Thereafter,
'the satellite dish antennas shall be subject to
'immediate abatement via removal or through
.'modification or relocation to comply with the
standards of this section;
12. A building permit shall be required;
13. Replacement of an existing nonconforming
antenna with another satellite dish antenna, or removal
of a nonconforming antenna for a period longer than
60 days, shall constitute abandonment of the
nonconforming antenna, and is subject thereafter to
'the standards of this section;
G. Large family day care homes, subject to the
provisions of CVMC 19.58.147;
H. Accessory second dwelling units, subject to the
provisions of CVMC 19.58.022. (Ord. 2897 § 3, 2003;
Ord. 2269 § 3, 1988; Ord. 2160 § 1, 1986; Ord. 2145 § 2,
..1986; Ord. 2138 § 1, 1986; Ord. 2124 § 4, 1986; Ord.
2111 § 2, 1985; Ord. 2108 § 1, 1985; Ord. 1575 § 1, 1975;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
33.502(C)).
19.22.040 Conditional uses.
The following uses shall be permitted in the R-E zone:
',provided a conditional use permit is issued in accordance
',with the provisions of CVMC 19.14.030(A) or 19.14.040 as
Imav be applicable and 19.14.050 through 19.14.090: S+te
~'~~o nn non lh.n nh ~o ~n nan ~h.,n he .e., ~.o.+a,,..h
~f II nnl!'!'n ~I r !ho D C ~
A. Public and private noncommercial recreation areas
'and facilities, such as country clubs and swimming pools
(for additional provisions, see CVMC 19.58.100 and
',19.58.270);
R CI ! ' V.~4~!'.. n.J n hln~~- L.'.+.N !.. 4h
i r I h~L, 'r.e,a ---- --~ rh~,.lo. ~n ^n rvnnr~
BS. Dwelling groups, subject to the provisions of CVMC
'.19.58.130.
The following uses shall be permitted in the R-E zone;
'provided a conditional use permit is issued by the planning
'commission or Chula vista redevelopment corporation for
I,proiects with a designated redevelopment project area or
'for unclassified uses as defined in CVMC 19.54.020.
C. Electric substations and pas regulators, subject to the
provisions of CVMC 19.58.140;
D. Unclassified uses, see Chapter 19.54 CVMC.
(O,rd. 2269 § 4, 1988; Ord. 2111 § 3, 1985; Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(D)).
19.22.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1,
,1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
(code § 33.502 (E)).
19.22.060 Height regulations.
.Principal buildings may not exceed two and one-half
stories or 28 feet in height. However, an increase in
',building height may be allowed subject to approval of
a conditional use permit. No accessory building shall
,exceed one and one-half stories or 15 feet in height
,except as provided in CVMC 19.16.040. The height of a
residential structure is measured from the highest
point of the roof line to finished grade. (Ord. 2144 § 2,
1986; Ord. 1212 § 1, 1969; prior code § 33.502(F)).
19.22.070 Area, lot width and yard requirements.
Area, lot width, and yard requirements in the R-E
zone shall be as follows (see CVMC 19.16.020,
19.16.050, 19.16.060 and 19.16.080 for exceptions and
modifications):
'i A. All buildings, including accessory buildings and
structures, in the residential estates zone shall not
,cover more than 40 percent of the lot;
~, B. The following minimum requirements shall be
observed, except as modified for conditional uses. The
minimum lot area required shall be designated on the
:zoning map:
marvl Paee 25 10-54 04/14/2010~~1=?~;i~9
EXHIBIT A
- - ___
Setbacks in Feet
Classification Minimum Lot
Area (sq. ft.) Minimum Lot
Width (ft.)
Front Exterior Side
Yard One Side
Yard Both Side Rear
Yards l
R-E 4A 4 acres '~ 200 25* 20* 15 30 25
R-E 2A 2 acres ~ 200 25* 20* 1~ 30 25
R-E 40 40,000 150 25* 20* 15 30 25
R-E 20,000 100 25* 15* 10 20 25
*Or not less than that specified on the building line map shall be provided and maintained. The setback
requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks
required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(G))
.19.22.080 Minimum lot frontage.
~, Every lot in the R-E zone shall have a minimum
frontage upon a dedicated street of 100 feet, unless
'such lot fronts upon an approved easement or private
~~road as provided in this chapter (see CVMC 19.22.150)
'or unless such lot has been approved by the planning
,commission or city council pursuant to the provisions
of this code or any ordinance which may hereafter be
'enacted providing for the subdivision of land or the
';dedication of public streets. (Ord. 1868 § 1, 1979; Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
~~33.502(H)(1)).
19.22.090 Minimum lot area -Reduction permitted
In the R-E zone, if the overall net density of lots per
acre meets the requirements of the particular zone
classification, the minimum lot size may be reduced to
75 percent of said minimum for not more than 25
percent of the Tots within the area being subdivided.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
33.502(H)(2)).
j19.22.100 Floor area per unit -Minimum -Purpose and
I~ intent.
It is the intent of this section and CVMC 19.24.110 to
establish minimum floor areas for dwelling units in the
' R-E and single-family zones. The purpose of
establishing such minimum floor areas is to ensure
,adequate living space for residents in said zones
'consistent with the health, safety and general welfare
~of the public, and to encourage new construction
,which will be aesthetically pleasing and will constitute
II an enhancement of the economic value of the
immediate neighborhood and the entire community.
(Ord. 1212 § 1, 1969; prior code § 33.502(1)(1)).
';19.22.110 Floor area per unit -Minimum -Regulatory
iprovisions.
The minimum floor area per main dwelling unit in the
R-E zone shall be as follows:
A. One thousand (1,000) square feet for each
',dwelling unit containing one bedroom, two bedrooms,
or one bedroom and den, family room or other such
',room designated for miscellaneous purposes;
B. One thousand two hundred (1,200) square feet for
'.each dwelling unit containing three bedrooms or two
bedrooms and den, family room or any other such
.room designated for miscellaneous purposes;
C. One thousand three hundred (1,300) square feet
.for each dwelling containing four bedrooms or three
',bedrooms and den, family room or any other such
room designated for miscellaneous purposes, or more.
(Ord. 1500 § 1, 1973; Ord. 1213 § 1, 1969; Ord. 1212 § 1,
'.,1969; prior code § 33.502(1)(2)).
1,19.22.120 Off-street parking.
The two-car garage requirement applies in the R-E
zone (see CVMC 19.62.170 through 19.62.190 for
',garage requirements and conversions). (Ord. 1356 § 1,
',1971; Ord. 1212 § 1, 1969; prior code § 33.502(J)).
.19.22.130 Performance standards.
All uses in the R-E zone may be subject to initial and
',continuing compliance with the performance
'.standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971;
',Ord. 1212 § 1, 1969; prior code § 33.502(K)).
,19.22.140 Fencing requirements.
See CVMC 19.58.150 for fencing requirements in the
R-E zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.502(L)).
,19.22.150 Panhandle lots, flag lots, or lots served by an
',easement -Requirements and conditions.
A. Panhandle lots, flag lots or lots served by an
',easement proposed within a subdivision shall meet the
.criteria contained in this section.
marvl Paoe 26 04/14/2010%~~~8
EXHIBIT A
!, B. No lot may be created or developed under this !properties. This requirement may be modified or
'.provision which could otherwise be served by a public ',waived by the director of planning if it is found that
.street unless approved by the director of planning and '.,said fence is not necessary for the protection of the
the city engineer. ',adjoining properties.
C. All development permitted under this provision I 11. If the property is graded to create a building pad
.shall be subject to the regulations and requirements of ,for each lot, the minimum level area (no slope over five
',this title except as otherwise regulated in this section. ',percent) of each pad shall be not less than 80 percent
D. The division of any property under this provision 'of the minimum lot size of the underlying zone, but in
.shall be subject to the regulations of the State Map Act 'no case shall the minimum area be less than 5,000
.and subdivision ordinance of the city. ',square feet. Development proposed on existing natural
E. Not more than four lots served by a private road or ',,topography, having an average natural slope of 10
easement shall be allowed under this provision unless percent or greater, and with less than 10 percent of the
this restriction is waived by the director of planning or ',site to be graded, shall be subject to the approval of
city council the director of planning, who shall consider whether
F. The responsibility for the maintenance and cost of (such development will adversely affect adjacent
maintenance of all common areas, roads or easements ,properties or development.
',and guest parking areas shall be shared under ', 12. Guest parking areas shall be adequately
contractual agreement by the property owner of each screened from on-site and adjacent residential
lot; this shall be accomplished through the formation properties.
,of a homeowner's association. ' H. No garage conversions shall be permitted.
G. Development Criteria. '; I. Development shall be subject to site plan and
1. Road and easement widths shall be as follows: ,architectural approval of the director of planning. (Ord.
'one lot, 15 feet; two lots, 20 feet; four lots, 20 feet; five 2399 § 1, 1990; Ord. 1868 § 2, 1979).
'or more lots, 24 feet, in accordance with private street
,standards as outlined in city's subdivision manual 19.22.160 Floor area ratio.
.These widths may be increased if it is determined by Construction of dwellings or any remodeling or
',the director of planning that a sidewalk is required. additions to existing dwellings shall have a floor area
2. All driveways, guest parking areas and roadways '.ratio (FAR) which limits the maximum building area to
'.shall be paved with a minimum of five inches of 45 percent of the lot area for single-family dwellings on
Portland concrete cement. ots of 7,000 square feet or greater and 50 percent of
3. Each lot shall contain an area not less than the the lot area or 3,150 square feet, whichever is less, for
minimum lot size of the underlying zone exclusive of 'single-family dwellings on lots of less than 7,000
',all private roads, common areas and guest parking square feet. The floor area ratio calculation shall also
lareas. ;include the square footage of patios, garages and
4. All on-site utilities shall be undergrounded. i other accessory structures present on the lot, but
', 5. Each dwelling shall be connected to a gravity ',excluding covered patios open on at least two sides
sewer unless otherwise approved by the city engineer.
~ sand covered porches open on at least one side with a
~, 6. An on-site fire hydrant may be required by the fire 'itotal combined area of 300 square feet or less. For
Idepartmentwhen such is deemed necessary. I~these purposes, an "accessory structure" is defined as
j 7. Guest parking shall be provided as follows: zany structure which rises four or more feet above
One lot, one space; two lots, three spaces; three lots, finished grade. (Ord. 2559 § 3, 1993; Ord. 2144 § 2,
'.five spaces; four lots, six spaces. 1986).
The individual driveways to the garage shall not be i
construed as meeting the guest parking requirement. ',19.22.170 Building additions and remodeling.
8. Accessory structures shall not be located closer I A. Additions, Greater than 50 Percent. If an addition
.than 10 feet to any dwelling located on adjacent to a legal existing dwelling unit constitutes an increase
property. ' of 50 percent or more of the floor area of the original
9. The following setbacks shall be observed: ',building's square footage, the existing building,
a. Front yard: 15 feet from any access drive and including the addition, shall comply with current
(guest parking areas; 'zoning code standards, except for the current building
b. Any garage facing an access drive shall be a .setback standards which would only apply to the
minimum of 22 feet from the drive; ;addition.
c. Side yard: not less than that required by the B. Additions, Less than 50 Percent. If an addition to a
;underlying zone; ',legal existing dwelling unit constitutes less than 50
d. Rear yard: not less than that required by the percent of the floor area of the original building's
underlying zone upon initial construction. square footage, the existing building may be expanded
10. A minimum five-foot-high fence shall be provided for altered along the existing horizontal side yard
',on each side of the private drive behind the front j building plane; provided, all of the following criteria
(,setback and on those property lines abutting adjoining fare met:
marvl Pale 27 1 0 -56 04/14/2010n?!z'~",~3h
EXHIBIT A
' 1. The proposed addition is located on a lot that is 60
!feet wide or greater at the front setback line; and
2. The proposed addition maintains a minimum five-
'foot setback from the side property line; and
3. There is a minimum 10-foot separation between
',the horizontal building plane of the existing dwelling
unit and the addition and the horizontal building plane
', of an existing residence on an adjacent lot; and
4. There is a minimum six-foot separation between
the edge of the proposed addition and any accessory
building on-site or on an adjacent property.
C. Verification of Square Footage. For purposes of
this section, the original dwelling unit's square footage
(shall be determined by a dimensioned floor and site
'plan submitted by the applicant to the director of
',planning for review and verification. (Ord. 2711 § 1,
'i 1997; Ord. 2144 § 2, 1986).
Chapter 19.24
R-1 -SINGLE-FAMILY RESIDENCE ZONE
Sections:
19.24.010 Purpose.
' 19.24.020 Permitted uses.
', 19.24.030 Accessory uses and buildings.
', 19.24.040 Conditional uses.
', 19.24.050 Repealed.
'~i 19.24.060 Height regulations.
19.24.070 Area, lot width and yard requirements.
19.24.080 Standards for application - R-1-7 zone
classification .
' 19.24.090 Standards for application - R-1-5 zone
',classification .
19.24.100 Setbacks -Requirements generally.
i 19.24.110 Frontage requirements.
19.24.120 Setbacks -Rear yards -Exceptions
'~ permitted when.
i 19.24.130 Floor area per unit.
19.24.140 Off-street parking.
19.24.150 Performance standards.
i 19.24.160 Fencing requirements.
19.24.170 Panhandle lots, flag lots, or lots served
by an easement- Requirements and conditions.
19.24.180 Floor area ratio.
19.24.190 Building additions and remodeling.
B, Factory-built homelmobilehome on any lot,
subject to the provisions of CVMC 19.58.145 and
':19.58.330;
C. All portions of the dwelling, factory-built home or
mobilehome used for living or sleeping purposes shall
be attached by common walls;
D. Large family day care homes, subject to the
provisions of CVMC 19.58.147. (Ord. 2260 § 1, 1988;
Ord. 2161 § 1, 1986; Ord. 1941 § 1, 1981; Ord. 1212 § 1,
1.1969; prior code § 33.503(6)).
'19.24.030 Accessory uses and buildings.
Accessory uses permitted in the R-1 zone include:
A. Rooming and boarding of not more than two
'persons; provided, off-street parking space is available
.for any automobile owned or operated by any boarder
for roomer, in addition to any space required for the
principal residents of the dwelling;
B. Customary incidental home occupations and
'professional offices, subject to the provisions of
,CVMC 19.14.490;
C. The keeping of cats and/or dogs, not to exceed
the number permitted by the animal ordinance for each
'dwelling unit;
D. Full-time foster homes and small family day care
,homes, as defined in CVMC 19.04.095 and 19.04.098;
E. Other accessory uses and accessory buildings
'customarily appurtenant to a permitted use, subject to
the requirements of Chapter 19.58 CVMC;
F. Satellite dish antennas as per the provisions of
CVMC 19.22.030(F);
G. Temporary tract offices and tract signs, subject to
the provisions of CVMC 19.58.320 and 19.60.470;
H. Agricultural uses as provided in CVMC 19.16.030;
I. Satellite dish antennas as per the provisions of
(CVMC 19.22.030(F);
1 J. Large family day care homes, subject to the
'provisions of CVMC 19.58.147;
K. Accessory second dwelling units, subject to the
'provisions of CVMC 19.58.022. (Ord. 2897 § 4, 2003;
Ord. 2269 § 5, 1988; Ord. 2160 § 1, 1986; Ord. 2145 § 1,
1986; Ord. 2138 § 1, 1986; Ord. 2124 § 5, 1985; Ord.
'2117 § 1, 1985; Ord. 2111 § 4, 1985; Ord. 1575 § 1, 1974;
~~Ord. 1494 § 1, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1,
',1969; prior code § 33.503(C)).
119.24.010 Purpose.
The purpose of this zone is to stabilize and protect
'(the residential characteristics of the areas so
!,designated and to promote and encourage a suitable
,'environment for family life. The R-1 zone is basically
intended to provide communities primarily for single-
~family detached homes and the services appurtenant
;thereto. (Ord. 1212 § 1, 1969; prior code § 33.503(A)).
19.24.020 Permitted uses.
Principal permitted uses in the R-1 zone include:
A. One single-family dwelling on any lot;
';19.24.040 Conditional uses.
The following uses shall be permitted in the R-1 zone;
provided, a conditional use permit is issued in accordance
.with the provisions of CVMC 19.14.030(A) or 19.14.040 as
;.may be applicable: and 19.14.050 through 19.14.090:Site
Igo In non lh.n ..h ~o ~n nen h'.Ilh ~ as !h
__ ..__~.. .. .. ...y.. ..... ...
A. Dwelling groups, subject to the provisions of CVMC
19.58.130;
^ ClcnNn hcb.ti n n.l n 1~ln.c h'ont In !ho
maryl Paoe 28 04/14/2010~3~?~''~n-'ro
EXHIBIT A
r i i^^i~^~~v'^.+ ^ rho^re. ~o Cn rvnnr~
I BI3. Private, noncommercial, recreational facilities, such
as swimming pools, tennis courts, and clubhouses (for
additional provisions, see CVMC 19.58.100 and
,19.58.270);
C€ Professional offices (for additional provisions, see
'CVMC 19.58.244).
The following uses shall be permitted in the R-1 zone;
provided a conditional use permit is issued by the planning
:commission or Chula vista redevelopment corporation for
'projects with a designated redevelopment project area, or
.for unclassifed uses as defined in CVMC 19.54.020.
D. Electric substations and pas regulators, subject to the
provisions of CVMC 19.58.140;
E. Unclassified uses see Chapter 19.54 CVMC.
(Ord. 2269 § 6, 1988; Ord. 2260 § 1, 1988; Ord. 2111
§ 5, 1985; Ord. 1822 § 1, 1978; Ord. 1356 § 1, 1971; Ord.
!,1212 § 1, 1969; prior code § 33.503(D)).
C. Existing developed lots of record (May 23, 1989) in
.the R-1-7 zone which measure less than 60 feet in width at
',the front setback may maintain the minimum side yards as
,noted above for the R-1-5 district for replacements or
additions which constitute less than 50 percent of the floor
,area of the existing dwelling. (Ord. 2311 § 1, 1989; Ord.
1356 § 1, 1971; Ord. 1237 § 1, 1969; Ord. 1212 § 1, 1969;
prior code § 33.503(G)).
19.24.060 Height regulations.
Principal buildings may not exceed two and one-half
(Stories or 28 feet in height; however, an increase in
,building height may be allowed subject to approval of a
:,variance^^^~'' ^^°' ~^,~' No accessory building shall
exceed one and one-half stories or 15 feet in height except
as provided in CVMC 19.16.040. The height of a residential
structure is measured from the highest point of the roof line
to finished grade. (Ord. 2144 § 3, 1986; Ord. 1356 § 1,
.1971; Ord. 1212 § 1, 1969; prior code § 33.503 (F)).
19.24.070 Area, lot width and yard requirements.
', Area, lot width, and yard requirements in the R01 zone
dare as follows (see CVMC 19.16.020, 19.16.050,
119.16.060 and 19.16.080 for exceptions and
'.modifications):
A. All buildings, including accessory buildings and
'istructures in the single-family residence zone shall not
'cover more than 40 percent of the lot.
B. Minimum Dimensions. The following minimum
(dimensions shall be observed; provided, however, that
'such dimensions may be modified by the granting of a
;conditional use permit. The minimum requirements shall be
Zone of the fallowing district classifications as designated on
jthe zoning map:
Setbacks in Feet
Classification Minimum Lot
Area (s . ft.) Minimum Lot
Width (ft.)
Front Exterior Side
Yazd One Side
Yard Both Side
Yards Rear
R-1-15 15,000 85 25 10 10 20 20
R-1-10 10,000 70 20 10 10 15 20
R-1-7 7,000
6,000 60
60 15
15 10
10 10
10 13
13 20
20
R-1-5 5,000 50 15 10 5 10 15
marvl Paee29 16-58 04/14/2010rri~ci~n
~Jrc~r- o
EXHIBIT A
19.24.080 Standards for application - R-1-7 zone
classifcation.
The R-1-7 zone classification and the minimum
;dimensions requirement prescribed for said classification
'shall be considered to be the basic or standard lot size
throughout the city; provided, however, that in those areas
placed in the R-1-7 classification, if a subdivision map is
.filed, the minimum lot sizes for 20 percent of the lots
'.created by said subdivision may be reduced to 6,000
square feet, and 10 percent of the lots thus created may be
reduced to 5,000 square feet, said lots being subject to
those minimum dimensional requirements as set forth
'hereinabove for such lot areas; provided, that the average
lot size of all the lots within the subdivision shall equal a
~, minimum of 7,000 square feet. (Ord. 1500 § 2, 1973; Ord.
',1212 § 1, 1969; prior code § 33.503(H)(1)).
19.24.090 Standards for application - R-1-5 zone
'classification.
The incorporation of any properties into the RG1 C5
',classifcation shall be restricted to those areas deemed
!most appropriate in accordance with the basic principles
;set forth herein. Particular attention will be given to the
(character of the topography involved so as to insure the
capability of accommodating lots of this size in a manner
.that would provide appropriate usable level space for each
i lot. The filing and approval of a final subdivision map will
be required prior to any such R-1-5 zoning becoming
',effective, and in addition, a precise plan may be required
~,as provided in CVMC 19.12.120. Said map should insure
I that the density of the subdivision will be properly related to
(that existing or proposed in surrounding areas, and that the
'development will not be incompatible with sound
'neighborhood density standards, and further, that public
~ifacilities will not be overburdened. Open space should be
provided or available in the form of natural canyons, green
'I belts, park areas or such other forms which would
';contribute to better land use and design and accommodate
the recreational needs of families who would be living in
iareas designated for 5,000 square foot minimum lot sizes.
(Ord. 1212 § 1, 1969; prior code § 33.503 (H)(2)).
119.24.100 Setbacks -Requirements generally.
Front and side yard setback requirements for particular
',zone classifications shall be provided and maintained in
iaccordance with the schedule set forth hereinabove, or in
'accordance with those specified in the building line map.
(Those setback requirements as shown on the adopted
'building line map of the city shall be adhered to in any case
(where said requirements differ from setbacks established
in said schedule. Furthermore, regardless of any minimum
~iside yard requirements as indicated in said schedule, the
(minimum distance between dwelling units shall be 10 feet,
;and no dwelling unit may be constructed closer than three
',feet to any side property line with the exception of the R-1-
15 zone classifcation which shall maintain a minimum of
'!five feet. Said minimum three-foot dimension shall be
I, measured on a horizontal plane on the level of the
foundation of the dwelling unit. (Ord. 1356 § 1, 1971; Ord.
'.1212 § 1, 1969; prior code § 33.503(1)(1)).
119.24.110 Frontage requirements.
Every lot in the R-1 zone having an area between 5,000
square feet and 5,999 square feet shall have a minimum
':lot frontage upon a dedicated street of 50 feet, and every
lot having an area of 6,000 square feet or greater shall
have a minimum lot frontage upon a dedicated street of 60
'feet, unless such lots front upon an approved easement or
private road as provided for in this chapter (see CVMC
,19.24.170) or unless such lots have been approved by the
'.planning commission or city council pursuant to the
j provisions of this code or any ordinance which may
i hereafter be enacted providing for the subdivision of land
or the dedication of public streets. (Ord. 1868 § 1, 1979;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code §
!33.503(1)(2)).
',19.24.120 Setbacks -Rear yards -Exceptions permitted
when.
In the R-1 zone, single-story structures attached to the
!amain building may be located within 10 feet of the rear
,property line, but shall not be closer than five feet from any
',retaining wall or toe of slope and said structure shall not
',occupy more than 30 percent of the rear yard area. Rear
',yards that have an elevation difference of six feet or more
,from the adjoining lot or parcel may reduce said 10 feet
'one foot for every foot over six feet but not more than five
(feet. Two-story portions of the building shall not be closer
than the required rear yard setback. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.503(1)(3)).
:19.24.130 Floor area per unit.
Minimum floor area in the R-1 zone shall be as follows:
A. One thousand (1,000) square feet for each dwelling
!unit containing one bedroom, two bedrooms, or one
~~bedroom and den, family room or any other such room
!,designated for miscellaneous purposes;
B. One thousand two hundred (1,200) square feet for
,each dwelling unit containing three bedrooms or two
,bedrooms and den, family room or any other such room
,designated for miscellaneous purposes;
C. One thousand three hundred (1,300) square feet for
each dwelling containing four bedrooms or three bedrooms
'and den, family room or any other such room designated
ifor miscellaneous purposes, or more.
Exception: Except in the case of the 1,000 square feet
';dwelling units, an applicant may reduce the above
I minimums by 200 square feet per unit for 30 percent of the
dwellings within an approved subdivision; provided, the
,average house size within the development conforms to
,the minimum requirements specifed above. (Ord. 1500 §
!3, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
,code § 33.503(J)).
,19.24.140 Off-street parking.
marvl Pale 30 04/14/2010v;~2~ ~m n
EXHIBIT A
The two-car garage requirement applies in the R-1 zone
(see CVMC 19.62.170 through 19.62.190 for garage
',requirements and conversions). (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.503(Kp.
19.24.150 Performance standards.
All uses in the R-1 zone may be subject to the initial and
.continued compliance with the performance standards in
,Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 §
1, 1969; prior code § 33.503(Lp.
19.24.160 Fencing requirements.
See CVMC 19.58.150 for fencing requirements in the R-
1zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.503(M)).
;19.24.170 Panhandle lots, flag lots, or lots served by an
,easement- Requirements and conditions.
Panhandle lots, flag lots, or lots served by an easement
shall be provided in the R-1 zone subject to the
'requirements and conditions of CVMC 19.22.150. (Ord.
',1868 § 2, 1979).
19.26.100 Floor area per unit -Minimum -Purpose
',and intent.
I 19.26.110 Floor area per unit -Minimum -Regulatory
,provisions.
19.26.120 Off-street parking -Garages.
19.26.130 Fencing requirements.
19.26.140 Performance standards.
19.26.150 Rear yard setback exceptions.
19.26.160 Frontage requirements.
19.26.170 Panhandle lots, flag lots, or lots served by
an easement -Requirements and conditions.
19.26.180 Floor area ratio.
19.26.190 Building additions and remodeling.
',.19.26.010 Purpose and requirements generally.
I A. The basic use permitted in the R-2 zone is the lowest
(density of multiple dwelling units, namely the duplex. It is
',the purpose of the city council to provide in this zone a
',density level commensurate with the density allowable
I under the most restrictive multiple-family zone but to retain
',the fundamental characteristics to be found in the R-1
,zone, i.e., private yards and patios, individual recreational
',facilities, privately maintained open space, and privacy and
,.19.24.180 Floor area ratio ',self-containment of dwelling units. In order to provide these
Construction of dwellings or any remodeling or additions ~ characteristics, the council hereby establishes a wider
to existing dwellings shall have a floor area ratio (FAR) range of principal permitted uses to create greater diversity
which limits the maximum building area to 45 percent of land flexibility of housing concepts; to extend the single-
,the lot area for single-family dwellings on lots of 7,000 family private dwelling unit amenities to all economic
'square feet or greater and 50 percent of the lot area or levels; to provide a broader range of lot sizes; and to
!3,150 square feet, whichever is less, for single-family (satisfy the full variety of tastes, needs and desires in
dwellings on lots of less than 7,000 square feet. The floor !,housing.
,area ratio calculation shall also include the square footage B. It is the full intent of the city council to authorize as
of patios, garages and other accessory structures present .principal permitted uses, in addition to the duplex or two-
on the lot, but excluding covered patios open on at least ',family dwelling units on a single lot, two single-family
,two sides and covered porches open on at least one side lattached dwelling units on two contiguous lots and dwelling
with a total combined area of 300 square feet or less. For groups as provided in this chapter. The attached single-
'these purposes, an "accessory structure' is defined as any ,family dwelling unit concept would permit the reduction of
~'~ structure which rises four or more feet above finished ,lot sizes to 3,500 square feet and the sale of individual
igrade. (Ord. 2559 § 4, 1993; Ord. 2144 § 3, 1986). '',attached single-family dwelling units constructed on such
slots to separate ownerships.
'(19.24.190 Building additions and remodeling. ', C. Authorization for this latter housing concept for either
I See CVMC 19.22.170 for limitations to remodeling or (new construction or existing duplex units would require
additions to existing dwellings. (Ord. 2144 § 3, 1986). (filing of a subdivision or parcel map and provision for the
iamenities delineated herein as normally associated with
Chapter 19.26 ,the single-family housing concept to be found in the R-1
R-2 - ONE- AND TWO-FAMILY RESIDENCE ZONE ''zone. In addition to site plan and architectural review,
Sections: landscaping plans, fencing plans, housing floor plans and
19.26.010 Purpose and requirements generally. basic construction designs must be presented for the
', 19.26.020 Permitted uses. ,approval of the planning commission to insure the creation
19.26.030 Accessory uses and buildings. of an overall community environment similar to the R-1
19.26.040 Conditional uses. 'zone.
19.26.050 Sign regulations. The owners and developers applying for authorization
19.26.060 Repealed for said attached single-family dwelling units in the R-2
19.26.070 Area, lot width and yard requirements - ,zone must also provide covenants, conditions and
Minimum requirements -Schedule. ,restrictions to insure compatibility in the maintenance,
19.26.080 Area, lot width and yard requirements - ;repair or remodeling of the attached dwelling units held
Standards for R-2-T and R-2-X classifications. under separate ownership. Said deed restrictions shall be
19.26.090 Area, lot width and yard requirements - isubject to the approval of the planning commission and
Setbacks. ',must be recorded concurrently with the recordation of the
marvl Paee 31 1 0 -fi0 04/14/2010~'?O~^~
EXHIBIT A
'.single subdivision map or parcel map. The commission
;may require the establishment of a maintenance district
.incorporating said conditions and obligations. (Ord. 1356 §
',1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior
,code § 33.504 (A)).
'.19.26.020 Permitted uses.
The following are the principal permitted uses in an R-2
Izone:
A. One single-family dwelling on any lot;
B. One duplex ortwo-family dwelling on any lot;
', C. Attached single-family dwelling units;
D. Dwelling groups, subject to the provisions of CVMC
;19.58.140;
!. E. Other accessory uses and accessory buildings
'customarily appurtenant to a permitted use, subject to the
', requirements of CVMC 19.58.020;
F. Agricultural uses as provided in CVMC 19.16.030.
;(Ord. 1494 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1238 § 1,
;1969; prior code § 33.504 (B)).
119.26.030 Accessory uses and buildings.
The following are the accessory uses permitted in an R-
2zone:
A. The rooming and boarding of not more than two
persons per dwelling unit; provided, off-street parking
;space is available for any automobile owned or operated
by any boarder or roomer, in addition to any space
;required for the principal residents of the dwelling;
I B. Customary incidental home occupations, subject to
'the provisions of CVMC 19.14.490;
C. Temporary tract offices and tract signs, subject to the
,provisions of CVMC 19.58.320 and 19.60.470;
D. Full-time foster homes as defined in CVMC
19.04.098;
E. Satellite dish antennas as per the provisions of
CVMC 19.22.030(F). (Ord. 2160 § 1, 1986; Ord. 2145 § 1,
11986; Ord. 2124 § 6, 1985; Ord. 2108 § 1, 1985; Ord. 1575
§ 1, 1974; Ord. 1542 § 1, 1974; Ord. 1356 § 1, 1971; Ord.
1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code §
., 33.504(C)).
C€. Large family day care homes, as defined in CVMC
j 19.04.094, within asingle-family dwelling.
D. Professional offices (for additional provisions see
'~i CVMC 19.58.244).
The following uses shall be permitted in the R-2 zone
', provided: a conditional use permit is issued by the planning
commission or china vista redevelopment corporation for
projects with a designated redevelopment project area or
,for unclassified uses as defined in CVMC 19 54 020
E Electrical substations and pas regulators subject to
the provisions of CVMC 19 58 140'
F Unclassified uses see Chapter 19 54 CVMC (Ord.
2269 § 7, 1988; Ord. 2237 § 1, 1987; Ord. 2111 § 6, 1985;
Ord. 1697 § 1, 1976; Ord. 1542 § 1, 1974; Ord. 1356 § 1,
i 1971; Ord. 1212 § 1, 1969; prior code § 33.504(D)).
i 19.26.060 Height regulations.
Principal buildings may not exceed two and one-half
stories or 28 feet in height; however, an increase in
!building height may be allowed subject to approval of a
variance^^^'' "^^^~ ^ .^, t No accessory building
!.height shall exceed one and one-half stories or 15 feet in
height except as provided in CVMC 19.16.040. The height
of a residential structure is measured from the highest
', point of the roof line to finished grade. (Ord. 2144 § 4,
1986; Ord. 1212 § 1, 1969; prior code § 33.504(F)).
19.26.040 Conditional uses.
The following uses shall be permitted in the R-2 zone
provided, a conditional use permit is issued in accordance
(with the provisions of CVMC 19.14.030(A) or 19 14 040 as
may be applicable: and 19.14.050 through 19 14 090' Site
I ~o nn non ~~..,. ^v, no ~n nvn h~l! b 'no o, _~.,''
-- ..__~.. ,. ~..y.. ,..
A. Off-street parking areas, subject to the provisions of
'~ Chapter 19_62 CVMC;
i ,
j r i i.,,.i-,^~~fea ^ r~.., . no Gn r~rnnr~
~ ~ r
j BB. Small family day care homes, as defined in CVMC
19.04.095, if not operating within asingle-family dwelling;
marvl Pa e 32 04/14/2010~,,'~/'~o
Setbacks in Feet
Classification
Lot Area (sq. ft.)
Width (ft.)
Front Exterior Side
Yard One Side
Yard Both Side
Yards
Rear
R-2 7,000 60 15 10 5 10 20
R-2-T 3,500 15 10 0 10 15
R-2-X 7,000 (minimum) 60 15 10 5 10 20
'Minimum lot width shall be 30 feet for all lots developed with single-car garages and 40 feet for lots developed
with two-car garages.
NOTE: All buildings including accessory buildings and structures in the R-2 zones shall not cover more than 50
percent of the lot.
(Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504(G)(1)).
19.26.070 Area, lot width and yard requirements -
Minimum requirements -Schedule.
The following minimum dimensions shall be
observed; provided, however, that such dimensions
may be modified by the granting of a conditional use
permit. The minimum requirements shall be one of
the following district classifications as designated on
the zoning map (for exceptions, see CVMC
19.16.020, 19.16.060 and 19.16.080):
19.26.080 Area,lotwidth and yard requirements -
Standards for R-2-T and R-2-X classifications.
The minimum dimensions included in the R-2-T
classification are applicable only to the attached
single-family dwelling unit permitted use. In those
instances where a subdivision map and a site plan
and architectural review have been approved for such
use, said minimum dimensions may be observed.
The R-2-X classification will indicate a minimum lot
area as designated on the zoning map; this area shall
not be less than 7,000 square feet. The number
replacing the X for such zone classifications shall
indicate the number of thousands of square feet in
the lot area. (Ord. 1356 § 1, 1971; Ord. 1238 § 1,
1969; Ord. 1212 § 1, 1969; prior code
§ 33.504(G)(2)).
19.26.090 Area,lotwidth and yard requirements -
Setbacks.
(For exceptions, see CVMC 19.16.050.) Front and
side yard setback requirements for particular zone
classifcations shall be provided and maintained in
accordance with the schedule set forth hereinabove,
or in accordance with those specifed on the building
line map. Those setback requirements as shown on
the adopted building line map of the city shall be
adhered to in any case where said requirements differ
from setbacks established in said schedule. The
19.26.100 Floor area per unit -Minimum -
Purpose and intent.
It is the intent of this section and CVMC 19.26.110
to establish minimum floor areas for dwelling units in
the R-2 zone. The purpose of establishing such
minimum floor areas is to insure adequate living
space for residents in said zones consistent with the
health, safety and general welfare of the public, and
to encourage new construction which will be
aesthetically pleasing and will constitute an
enhancement of the economic value of the immediate
neighborhood and the entire community. (Ord. 1212
§ 1, 1969; prior code § 33.504 (H)(1)).
19.26.110 Floor area per unit- Minimum -
Regulatory provisions.
The minimum floor area per main dwelling unit in
the R-2 zone for any duplex shall be as follows:
A. Six hundred fifty (650) square feet for each
dwelling unit containing one bedroom;
B. Eight hundred fifty (850) square feet for each
dwelling unit containing two bedrooms, or one
bedroom and den, family room or any other such
room designated for miscellaneous purposes;
C. One thousand (1,000) square feet for each
dwelling unit containing three bedrooms, or two
bedrooms and den, family room or any other such
room designated for miscellaneous purposes;
D. One thousand one hundred (1,100) square feet
for each dwelling unit containing four bedrooms, or
three bedrooms and den, family room or any other
such room designated for miscellaneous purposes, or
more.
The minimum floor area for asingle-family
residence in the R-2 zone shall be the same as in the
R-1 zone. (Ord. 1212 § 1, 1969; prior code
§ 33.504(H)(2)).
EXHIBIT A
19Q~:F!r~~9AaS{`d@@t~k414cJ~#3i59~@§all uses, as
provided in CVMC 19.62.170 through 19.62.190,
except in the R-2-T zone which shall provide parking
at a ratio of two spaces per unit with a minimum of 75
percent of the parking to be provided in garages; the
remaining 25 percent may be accommodated by
parking bays or garages. A minimum of 50 percent of
the garages shall be two-car garages, 20 feet by 20
feet, the remaining one-car garages having a
minimum floor area of 240 square feet, to provide
storage area as well as parking space. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.504(1)(1)).
zones subject to the requirements and conditions of
CVMC 19.22.150. (Ord. 1868 § 2, 1979).
19.26.180 Floor area ratio.
Construction of dwellings or any remodeling or
additions to existing dwellings shall have a floor area
ratio (FAR) which limits the maximum building area to
55 percent of the lot. The floor area ratio calculation
shall also include the square footage of patios,
garages and other accessory structures present on
the lot. For these purposes, an "accessory structure"
is defined as any structure which rises four or more
feet above finished grade. (Ord. 2559 § 5, 1993; Ord.
2144 § 4, 1986).
19.26.130 Fencing requirements.
Zoning fence shall be provided in the R-2 zone
subject to the conditions of CVMC 19.58.150 through
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.504(1)(2)).
19.26.140 Performance standards.
All uses in the R-2 zone may be subject to initial
and continued compliance with the performance
standards of Chapter 19_66 CVMC. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.504(J)).
19.26.150 Rear yard setback exceptions.
Single-story structures attached to the main
building may be located within 10 feet of the rear
property line, but shall not be closer than five feet
from any retaining wall or toe of slope and said
structure shall not occupy more than 30 percent of
the rear yard area. Rear yards that have an elevation
difference of six feet or more from the adjoining lot or
parcel may reduce said 10 feet one foot for every foot
over six feet, but not more than five feet. Two-story
structures shall not be closer than the required rear
yard setback. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.504(K)).
19.26.160 Frontage requirements.
Every lot in the R-2 and R-2-X zones shall have a
minimum frontage upon a dedicated street of 60 feet,
unless such lot fronts upon an approved easement or
private road as provided in this chapter (see CVMC
19.26.170) or unless such lot has been approved by
the planning commission or city council pursuant to
the provisions of this code or any ordinance which
may hereafter be enacted providing for the
subdivision of land or the dedication of public streets.
(Ord. 1868 § 2, 1979).
19.26.170 Panhandle lots, flag lots, or lots served
by an easement- Requirements and conditions.
Panhandle lots, flag lots, or lots served by an
easement shall be provided in the R-2 and R-2-X
19.26.190 Building additions and remodeling.
See CVMC 19.22.170 for limitations to remodeling
or additions to existing dwellings. (Ord. 2144 § 4,
1986
Chapter 19.28
R-3 -APARTMENT RESIDENTIAL ZONE
Sections:
19.28.010 Purpose.
19.28.020 Permitted uses.
19.28.030 Accessory uses and buildings.
19.28.040 Conditional uses.
19.28.050 Repealed.
19.28.060 Height regulations.
19.28.070 Area, lot width and yard
requirements.
19.28.080 Floor area per unit.
19.28.090 Open space requirements.
19.28.100 Off-street parking.
19.28.110 Performance standards.
19.28.120 Off-street parking.
19.28.130 Planned unit development
procedures.
19.28.140 Trash storage areas.
19.28.160 Landscaping.
19.28.170 Fencing requirements.
19.28.180 Design control.
19.28.190 Jurisdiction of the design review
committee.
19.28.010 Purpose.
The purpose of the R-3 zone is to provide
appropriate locations where apartment house
neighborhoods of varying degrees of density may be
established, maintained, and protected. The
regulations of this district are designed to promote
maryl Page 34 04/14/2010^^"-~~5
EXHIBIT A
and' encourage an intensively developed residential
environment, with appropriate environmental
amenities such as open areas, landscaping and off-
street parking. To this end, the regulations permit, in
accordance with the respective density districts,
multiple dwellings ranging from garden apartments to
multi-story apartment houses, and necessary public
services and activities subject to proper controls. Also
permitted, subject to special control, are certain retail
and service activities intended for the convenience
and service of the residents of the district. (Ord. 1212
§ 1, 1969; prior code § 33.505(A)).
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as
follows:
A. Dwellings, multiple: R-3 zone;
B. Dwellings, multiple, low-rise: R-3-G zone;
C. Dwellings, multiple, medium-rise: R-3-M zone
D. Dwellings, multiple, high-rise: R-3-H zone;
E. Dwellings, townhouses: R-3-T zone;
F. Duplexes;
G. Agricultural uses as provided in CVMC
19.16.030. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.505(8)).
19.28.030 Accessory uses and buildings.
Accessory uses and buildings in the R-3 zone
include:
A. The rooming and boarding of not more than two
persons per dwelling unit; provided, off-street parking
space is available for automobiles owned and
operated by any roomer or boarder, in addition to any
space required for the principal residents of the
dwelling;
B. Customary incidental home occupations, subject
to the provisions of CVMC 19.14.490;
C. Other accessory uses and accessory buildings
customarily appurtenant to a permitted use, subject to
the requirements of CVMC 19.58.020;
D. Temporary tract offces and tract signs, subject
to the provisions of CVMC 19.58.320 and 19.60.470;
E. Full-time foster homes, as defined in CVMC
19.04.098;
F. Satellite dish antennas as per the provisions of
CVMC 19.22.030(F). (Ord. 2108 § 1, 1985; Ord. 1697
§ 1, 1976; Ord. 1542 § 2, 1974; Ord. 1494 § 3, 1973;
Ord. 1356 § 1, 1971; Ord. 1246 § 1, 1969; Ord. 1232
§ 1, 1969; Ord. 1212 § 1, 1969; prior code
§ 33.505(C)).
' may be applicable' and 19.14.050 through 19 14 090' Site
''. ~o ~n non }I,,,, ,.1, ~o ~n non till ti ,r f II f 1,
M
'. fnlln nrl'}'n ..I r }h D Z
I n r....le f....,~i„ ~,....,
i A~. Boarding or lodginghouses;
BS. Except in R-3-T, day nurseries;
Ci3. Except in R-3-T, incidental services, such as
restaurants and retail sales to serve residents; provided,
there is no exterior display or advertising and such
activities are conducted in spaces which are integral parts
of a main building;
D€. Commercial parking garages and off-street parking
lots, in accordance with the provisions of CVMC 19.62.010
'through 19.62.130;
C melon}.'n LMo}'n ...J n..c .. I-.} h' } } 14.
' n I lnnin ~c~f~o.l „rh~..r.. ~o r;n rvnnr~
__...-- ----~ --- _. _r.~ ....
E#. Small family day care homes, as defined in CVMC
19.04.095;
F1. Private, noncommercial recreational facilities, such
as swimming pools, tennis courts, and clubhouses (for
additional provisions, see CVMC 19.58.100 and
19.58.270);
Gd. Professional offices (for additional provisions, see
CVMC 19.58.244);
Ht4. Large family day care homes, as defined in CVMC
;19.04.094, within asingle-family dwelling.
The following uses shall be permitted in the R-3 zone
,provided, a conditional use permit is issued by the planning
'.commission, or Chula vista redevelopment corporation for
projects within a designated redevelopment project area or
for unclassified uses as defined in CVMC 19.54.020.
L Electric substations and gas regulators subject to the
'provisions of CVMC _19.58.140
J. Unclassified uses. see Chapter 19.54 CVMC.
_(Ord. 2269 § 8, 1988; Ord. 2111 § 7, 1985; Ord. 2034
I§ 2, 1983; Ord. 1822 § 2, 1978; Ord. 1697 § 1, 1976; Ord.
11542 § 2, 1974; Ord. 1494 § 3, 1973; Ord. 1356 § 1, 1971;
',Ord. 1212 § 1, 1969; prior code § 33.505(D)).
19.28.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1,
1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 35.505(E)).
19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M,
R-3-T and R-3-G classifications are as follows:
1. No principal building shall exceed either two and
one-half stories or 28 feet in height and no accessory
building shall exceed either two stories or 25 feet in
height, except as provided in CVMC 19.16.040.
2. Principal buildings up to three and one-half
stories or 45 feet in height may be approved by the
19.28.040 Conditional uses.
The following uses shall be permitted in the R-3 zone'
provided, a conditional use permit is issued in accordance
,with the provisions of CVMC 19.14.030(A) or 19 14 040 as
marvl Paoe 35 ~ 0_64 04/14/2010n~~''~ °%o
EXHIBIT A
design review committee; provided, it is found that the
height, bulk, mass and proportion of all structures is
compatible with the site, as well as in scale with
structures on adjoining and surrounding properties in
the area.
B. Height regulations in the R-3-H zone are as
follows: No principal building shall be less than 46
feet or fve stories in height and no accessory building
shall exceed either two stories or 25 feet in height,
except as provided in CVMC 19.16.040. (Ord. 2309A
§ 3, 1989; Ord. 1689 § 2, 1976; Ord. 1682 § 1, 1976;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.505(F)).
19.28.070 Area, lot width and yard requirements.
A. The following minimum area, lot width and vard
requirements shall be observed except as provided
in CVMC 19.16.020 and 19.16.080, and as modified
for conditional uses. The minimum requirements shall
be designated on the zoning map.
maryl Page 36 04/14/20108~39f3&19
EXHIBIT A
mazvl Paee 37_ ~ 0_~~ 04/14/?010~~~'~,~~~
Setbacks in Feet
District
Classification
Building Site (sq.
ft.)
Site Width
(ft.)
Area per Dwelling
(sq. ft.)
Front
(3)
Exterior
Side
Yard One
Interior
Side
Yard Both
Interior
Side
Yards
ear
R-3 7,000 65 1,350(4) 15(1) 10(1) 5(2) 10(2) 15(2)
R-3-M 7,000 65 2,000(4) 15(1) 10(1) 5(2) 10(2) 15(2)
R-3-T 2,000 22 2,000 15(1) 10(1) 0 0 20
R-3-G 7,000 65 2,500 15(1) 10(1) 5(2) 10(2) 15(2)
R-3-H 10,000 80 800 15(1) 10(1) 20(2) 50(2) 20(2)
R-3-L 7,000 65 3,500 15(1) 10(1) 5(2) 10(2) 15(2)
The following are exceptions to the
(1) Front yards: The front setback shall not be less than that specified on the building line map. The setback
requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required
in the zoning district.
(2) Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high
structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25
feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any
structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in
height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the design review committee
may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has
been transferred to a more beneficial location on the lot.
(3) A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary
thoroughfares on the adopted Chula Vista general plan; provided, however, that private patios and one-story portions
of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front
15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front
yard setback shall be increased an additional five feet for each story in excess of three stories.
(4) The net residential density permitted under the "Area per Dwelling" column of this section's table is maximum. On
lots containing less than 15,000 square feet, the net area required for each dwelling unit established within the R-3 and
R-3-M zones shall also be governed by the standards contained within the following table:
Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit
REQUIRED AREA PER DWELLING UNIT
(Square feet)
Lot Area (sq. ft.) Studio and One Bedroom Two Bedroom Three Bedroom Four Bedroom or more
R-3 R-3-M R-3 R-3-M R-3 R-3-M R-3 R-3-M
15,000 or mare 1,350 2,000 1,430 2,080 1,510 2,160 1,590 2,240
10,000 to 14,999 1,500 2,200 1,580 2,280 1,660 2,360 1,740 2,440
7,OOOto9,999 1,700 2,500 1,780 2,580 1,860 2,660 1,940 2,740
Less than 7,000 2,000 3,000 2,080 3,040 2,160 3,120 2,240 3,200
10-67
EXHIBIT A
B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones,
coverage shall not exceed 50 percent of the area of
the site. In the R-3-H zone, coverage shall not exceed
25 percent of the site. (Ord. 2309A § 2, 1989; Ord.
1760 § 1, 1977; Ord. 1682 § 1, 1976; Ord. 1356 § 1,
1971; Ord. 1258 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.505(G)).
19.28.080 Floor area per unit.
The minimum floor area per dwelling unit in the R-3
zone shall be as follows:
A. Four hundred (400) square feet for each
efficiency dwelling unit;
B. Five hundred (500) square feet for each
dwelling unit having one bedroom;
C. Six hundred fifty (650) square feet for each
dwelling unit having two bedrooms;
D. Seven hundred ffty (750) square feet for each
dwelling unit having three bedrooms; an additional
100 square feet is required for each additional
bedroom exceeding three. (Ord. 1212 § 1, 1969; prior
code § 33.505(H)).
3. Clothes-drying areas. (Ord. 1682 § 1,
1976; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.505(1)).
19.28.100 Off-street parking.
Covered or enclosed parking for residential
development in the R-3 zone may be located in
required side and rear yards, with the exception of the
exterior side yard. (Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.505(J)).
19.28.110 Performance standards.
All uses in the R-3 zone may be subject to initial
and continued compliance with the performance
standards of Chapter 19_66 CVMC. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.505 (K)).
19.28.120 Off-street parking.
Off-street parking is required in the R-3 zone for all
uses as provided in CVMC 19.62.010 through
19.62.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.505(L)(1)).
19.28.090 Open space requirements.
A. The following usable open space shall be
required in the R-3 zone:
District Open Space per
Classification Dwelling Unit
R-3-H 200 sq. ft.
R-3 400 sq. ft.
R-3-T 300 sq. ft.
R-3-M 500 sq. ft.
R-3-G 600 sq. ft.
R-3-L 600 sq. ft.
B. The required usable open space per dwelling
unit specified above shall be increased for each
dwelling unit in amultiple-family dwelling which
contains more than two bedrooms, at the rate of 20
percent for each bedroom over two.
C. Open space areas shall be any portion of a lot
which has a minimum dimension of six feet, and not
less than 60 square feet in area, that is landscaped
and/or developed for recreational and leisure use,
and is conveniently located and accessible to all the
units. The following areas shall contribute to a
required open space:
1. Private balconies and patios;
2. Roof areas designed and equipped to
accommodate recreational and leisure activities;
3. Recreation rooms.
D. The following areas shall not contribute to
required open space:
1. Driveways and parking areas;
2. Refuse storage areas;
19.28.130 Planned unit development procedures.
Planned unit development procedures for the R-3
zone, as set forth in CVMC 19.56.130 through
19.56.200, shall be utilized together with rezoning for
any new R-3-T district. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.505(L)(2)).
19.28.140 Trash storage areas.
Trash storage areas shall be provided in the R-3
zone in accordance with CVMC 19.58.340. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.505(L)(3)).
19.28.160 Landscaping.
All landscaping in the R-3 zone shall conform to
the requirements as specified in the landscaping
manual of the city and as approved by the director of
planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.505(L)(5)).
19.28.170 Fencing requirements.
Zoning fence in the R-3 zone shall be subject to
the conditions of CVMC 19.58.150 and 19.58.360.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.505(L)(6)).
19.28.180 Design control.
The exterior design and arrangement of all
residential uses and structures proposed for
establishment, location, expansion or alteration in the
R-3 zone shall be governed by the goal, general
objectives, statements of policy and principles, and
standards of the design manual of the city. (Ord. 1771
§ 2, 1977).
marvl Paee 39 ~ A_~8 04/14/2010~'r''~~0
EXHIBIT A
19.25.190 Jurisdiction of the design review
cor~{ipit~9n manual of the city shall be effectuated
and administered by the design review committee,
established and governed by CVMC 19.14.581
through 19.14.589. (Ord. 1771 § 2, 1977).
Chapter 19.30
C-0 -ADMINISTRATIVE AND PROFESSIONAL
OFFICE ZONE
Sections: I
19.30.010 Purpose.
19.30.020 Permitted uses.
19.30.030 Accessory uses and buildings.
19.30.040 Conditional uses.
19.30.050 Repealed.
19.30.060 Height regulations.
19.30.070 Area, lot width and yard
requirements.
19.30.080 Off-street parking.
19.30.090 Parking and loading facilities.
19.30.100 Nonresidential uses in residential
structures.
19.30.110 Site plan and architectural approval ~
19.30.120 Outdoor storage.
19.30.130 Trash storage areas.
19.30.140 Wall requirements.
19.30.150 Landscaping.
19.30.160 Performance standards.
19.30.010 Purpose.
The purpose of the C-O zone is to provide
appropriate locations where professional and
administrative office zones may be established,
maintained and protected. The regulations of this
district are designed to promote a quiet and dignified
environment for business administration, professional
and government activities, free from the congestion
and traffic of the usual retail business district. To this
end, the regulations permit office buildings and
medical and financial facilities; appropriate
commercial facilities primarily for the service of the
occupants of the district are permitted subject to
special controls. The intensity of development of such
a district is intended to reflect its environmental
setting with building height and coverage generally
similar to and harmonious with those of neighboring
districts. (Ord. 1212 § 1, 1969; prior code
§ 33.506(A)).
19.30.020 Permitted uses.
Principal permitted uses in the C-O zone are as
foll~v~edical and dental offices and clinics and
medical, optical and dental laboratories, not including
the manufacture of pharmaceutical or other products
for general sale or distribution;
B. Administrative and executive offices;
C. Professional offices, for lawyers, engineers, and
architects;
D. Financial offices, including banks, and real
estate and other general business offices;
E. Any other office use which is determined by the
commission to be of the same general character as
the above-permitted uses;
F. Agricultural uses as provided in CVMC
19.16.030;
G. Prescription pharmacies (see CVMC 19.04.188
for definition). (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.506(B)).
19.30.030 Accessory uses and buildings.
Accessory uses in the C-O zone are as follows:
A. Incidental services and incidental uses, such as
restaurants, prescription pharmacies, and retail sales
to serve occupants and patrons of the permitted uses,
when conducted and entered from within the building;
provided, there is no display or advertising visible
from the public street;
B. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidental
storage facilities (see CVMC 19.58.020);
C. A satellite dish antenna may be located in a
commercial district when it complies with the
provisions of the standards in CVMC 19.22.030(F)(1)
through (9). In addition, nonconforming satellite
dishes shall be amortized as per CVMC
19.22.030(F)(11). (Ord. 2138 § 1, 1986; Ord. 2108
§ 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.506(C)).
i 19.30.040 Conditional uses.
,The following uses shall be permitted in the C-O zone;
orovided a conditional use permit is issued in accordance
',with the provisions of CVMC 19.14.030(A) or 19.14.040 as
may be applicable; and 19.14.050 through
i,
A. R-3 residential uses, as regulated therein;
B. Public and quasi-public uses appropriate to the
,district, such as professional, business and technical
!schools of a public service type, but not including
cbrporation yards, storage or repair yards and warehouses;
C. Day nurseries, schools and studios for arts and crafts
'.and photography, music, dance and art galleries, in
'accordance with the provisions of CVMC 19.58.220;
marv aQe 04/ 14/20108~,4~~~~
EXHIBIT A
D. Commercial parking lots and parking garages, in
laccordance with the provisions of CVMC 19.62.010
'.through 19.62.130;
E. Radio and television broadcasting, excluding towers;
F. Restaurants;
G#. Plant nurseries and the sale of related hardware
items; provided, they are clearly incidental and secondary
to the plant nursery. Plant nurseries shall be allowed only
on the peripheral areas of the C-O zone, so as not to
.disrupt the continuity of the professional and administrative
'office land uses;
Hd. Roof-mounted satellite dishes, subject to the
',following standards or conditions:
1. These dishes shall be screened, using
Ilappropriate matching architectural materials or parapet
wal Is;
2. Dishes shall be of a neutral color, matching the
building or as otherwise approved by the city;
3. A building permit shall be required;
', 4. No advertising material shall be allowed on the
'satellite dish antenna. Satellite dish antennas containing
advertising material shall be considered a sign;
114. Recycling collection centers, subject to the
',provisions of CVMC 19.58.345.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
19.30.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 5,
1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.506(E)).
19.30.060 Height regulations.
No principal building shall exceed three and one-half
stories or 45 feet in height, and no accessory building
shall exceed one and one-half stories or 15 feet in
height, except as provided in CVMC 19.16.040. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.506(F)).
19.30.070 Area, lot width and yard requirements.
The following minimum area, lot width and yard
requirements shall be observed in the C-O zone, except
as provided in CVMC 19.16.020 and 19.16.060 through
19.16.080, and where increased for conditional uses:
The following uses shall be permitted in the C-O zone
',provided a conditional use permit is issued by the planning
Setbacks in Feet
Front and
Exterior Side
Lot Area* (sq. ft.) Yards Side Rear
7,000 10 None, except when abutting Zero feet, except when abutting any R district or
any R zone, then not less alley, then not less than 10 feet minimum from the
than five feet alley or rear property line
*See CVMC 19.16.070 for lot area.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(6)).
',§ 1, 1985; Ord. 1889 § 1, 1980; Ord. 1494 § 5, 1973; Ord.
maryl Page 41 ~_~ 04/14/2010~,'z~~''~9
10-71
EXHIBIT A
19.30.080 Off-street parking.
Off-street parking is required for all uses in the C-O
zone, as provided in CVMC 19.62.010 through
19.62.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.506(H)(1)).
19.30.090 Parking and loading facilities.
In any C-O district directly across a street or
thoroughfare (excluding a freeway) from any R
district, parking and loading facilities shall be distant
at least 10 feet from said street and said setback shall
be permanently landscaped. (Ord. 1356 § 1, 1971;
Ord. 1212 §1, 1969; prior code § 33.506 (H)(2)).
19.30.100 Nonresidential uses in residential
structures.
Nonresidential uses permitted in this zone shall be
located in buildings designed for nonresidential uses;
except, that such uses may be located in existing
residential structures existing at the time of the
adoption of the ordinance codified in this title,
remodeled for said use and subject to site plan
approval by the planning commission. Such buildings
may be enlarged, providing that all provisions of this
title are complied with. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.506(H)(3)).
19gI~I~g~~c~py~yC-O zone shall conform to
the requirements as speafied in the landscape
manual and approved by the director of planning. Any
parking visible from the street shall be screened with
an appropriate screen not less than four feet in height
or"'a masonry wall of three and one-half feet in height.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.506(H)(8)).
19.30.160 Performance standards.
All uses in the C-O zone shall be subject to initial
and continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.506(H)(8)).
C-B-ZONE Repealed and Replaced with Urban
Core Specific Plan (in 20071
19.30.110 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in the C-O zone, as required in CVMC
19.14.420 through 19.14.480. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.506(H)(4)).
19.30.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in the C-O zone only
when incidental to permitted or accessory uses
located on the same premises; and provided, that:
A. Storage area shall be completely enclosed by
walls, fences or buildings and shall be part of an
approved site plan;
B. No outdoor storage of materials or equipment to
a height greater than that of any enclosing wall, fence
or building shall be permitted. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.506(H)(5)).
19.30.130 Trash storage areas.
Trash storage areas in the C-O zone are subject to
the conditions of CVMC 19.58.340. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.506
(H)(6)).
19.30.140 Wall requirements.
Zoning walls shall be provided, subject to the
conditions of CVMC 19.58.360. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.506 (H)(7)).
EXHIBIT A
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EXHIBIT A
Chapter 19.34
C-N -NEIGHBORHOOD COMMERCIAL ZONE
Sections:
19.34.010 Purpose and intent.
19.34.020 Permitted uses.
19.34.030 Conditional uses.
19.34.040 Repealed.
19.34.050 Height requirements.
19.34.060 Area, lot width and yard
requirements.
19.34.070 Additional conditions and
requirements.
19.34.080 Enclosures required for all uses -
Exceptions.
19.34.090 Restrictions on sales of goods.
19.34.100 Site plan and architectural approval
required.
19.34.110 Off-street parking and loading
facilities.
19.34.120 Employee activity restrictions.
19.34.130 Market analysis required when.
19.34.140 Curb cuts and internal traffic
circulation -Approval required.
19.34.150 Shopping centers -Presentation as
planned development required.
19.34.160 Design of buildings.
19.34.170 Hours for conducting business.
19.34.180 Evidence of certain compliance
required annually.
19.34.190 Trash storage areas.
19.34.200 Wall requirements.
19.34.210 Landscaping.
19.34.220 Prohibited uses.
19.34.230 Existing nonconforming shopping
centers -Conformance with rules and
regulations required when -Time
limit.
19.34.240 Performance standards.
19.34.010 Purpose and intent.
The purpose of this chapter is to provide a
shopping center for convenience shopping in a
residential neighborhood where analysis of residential
population demonstrates that such facilities are
necessary and desirable. C-N zoning shall be applied
to property having a minimum area of three acres and
a maximum area of eight acres. It is the intent of the
city council to insure that the character of the C-N
zone will be compatible with and will complement the
surrounding residential area. Therefore, parking
areas must be landscaped as required herein, in
~~~a:vl Page 44 1 0-74 04,~~ ~/?n~ 0~"- ~''~ ~~^'.~
EXHIBIT A
order to relieve the barren appearance which most
parking lots possess. It is further the intent of this
chapter to prescribe the number, type, size and
design of all signs to protect the general welfare of
the surrounding residential property owners and of
the merchants and property owners within the
shopping center by avoiding wasteful and costly
competition among sign users resulting from the
uncontrolled use of signs. (Ord. 1212 § 1, 1969; prior
code § 33.508(A)).
19.34.020 Permitted uses.
The following are the principal permitted uses in a
C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agency with incidental
pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including
entertainment, dancing or sale of liquor, beer, or other
alcoholic beverages for consumption on the premises
or drive-in car service;
H. Commercial parking lot for passenger vehicles,
subject to the requirements of CVMC 19.62.010
through 19.62.130;
I. Coin-operated laundry, with maximum capacity
washing units of 20 pounds and comparable drying
equipment, and clothes-cleaning agency;
J. Any other retail business or service
establishment supplying commodities or performing
services for residents of the neighborhood which is
determined by the planning commission to be of the
same general character as the above-mentioned
retail business or service uses, and open during
normal business hours of the above uses;
K. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidental
storage facilities and satellite dish antennas, in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9);
L. Agricultural uses as provided in CVMC
19.16.030. (Ord. 2526 § 2, 1992; Ord. 2108 § 1,
1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.508(B)).
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A. Automobile service stations, in accordance with the
'provisions of CVMC 19.58.280;
B. Sale of beer or other alcoholic beverages for
'consumption on the premises only where the sale is
I incidental with the sale of food;
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C€. Roof-mounted satellite dishes, subject to the
'standards set forth in CVMC 19.30.040;
Dt=. Recycling collection centers, subject to the
,provisions of CVMC 19.58.345;
E6. Automated, drive-through car washes, in
',accordance with,the provisions of CVMC 19.58.060;
~, Fk. Establishments contained in the list of permitted
fuses above, but which include the sale of alcoholic
~ beverages for off-site use or consumption, including any
new facilities and any facilities which expand the area
devoted to alcohol sales or which require the issuance of a
hype of alcoholic beverage license by the State Alcohol
,Beverage Control different from the license previously held,
' in accordance with the procedures in CVMC
19.58.3403-0-03A;
G7. Liquor stare (package, off-sale only), in accordance
Ilwith the procedures in CVMC 19.58.34014.&'f8;
Hd. Drive-through restaurants, those fast food facilities
offering drive-through lanes in which food is both ordered
',and picked up from the vehicle, and taken off-site for
'',consumption; but not including "drive-in" restaurants, those
fat which food is ordered from and consumed in the parked
I;car on the premises.
The following uses shall be permitted in the C-N zone;
provided a conditional use permit is issued by the planning
commission or china vista redevelopment corporation for
J. Unclassified uses see Chapter 19.54 CVMC (Ord.
-2715 § 3, 1998; Ord. 2560 § 3, 1993; Ord. 2552 § 1, 1993;
'',Ord. 2526 § 3, 1992; Ord. 2491 § 2, 1992; Ord. 2252 § 2,
'.,1988; Ord. 2233 § 2, 1987; Ord. 2152 § 1, 1986; Ord. 2108
'§ 1, 1985; Ord. 1571 § 1, 1974; Ord. 1356 § 1, 1971; Ord.
',1212 § 1, 1969; prior code § 33.508(C)).
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone:
provided. a conditional use permit is issued in accordance
with the provisions of CVMC 19.14.030(A) or 19.14.040 as
may be applicable; and 19.14.050 through 19.14.090: the
19.34.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 7, 1989; Ord. 1734 § 1, 1977; Ord. 1575 § 1, 1974;
Ord. 1356 § 1, 1971; Ord. 1275 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.508(D)).
19.34.050 Height requirements.
maryl Paee 45 04/14/2010~~~m"'8
EXHIBIT A
No principal building shall exceed two and one-half
stories or 35 feet in height, and no accessory building
shall exceed one and one-half stories or 15 feet in
height, except as provided in CVMC 19.16.040. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
b 33.508(E)).
19.34.060 Area, lot width and yard requirements.
The following minimum lot area and yard
requirements shall be observed in the C-N zone,
except as provided in CVMC 19.16.020 and
19.16.060 through 19.16.080, and where increased
for conditional uses:
In a C-N zone, goods for sale shall consist
primarily of new merchandise and shall be sold at
retail on the premises. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(2)).
19.34.100 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in a C-N zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.508(G)(3)).
Setbacks in Feet
Front and
Lot Area* (sq. Exterior Side
ft.) Yards Side Rear
5,000 15 feet* for None, except when None, except when abutting an R district, then not less than
buildings abutting an R district, 15 feet; provided, however, that where such yard is
Zero feet for then not less than 15 contiguous and parallel with an alley, one-half the width of
signs feet such alley shall be assumed to be a portion of such yard
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista sh all take precedence over the setbacks required in the zoning
district.
19.34.070 Additional conditions and
requirements.
The following additional conditions set forth in
CVMC 19.34.080 through 19.34.210 shall apply in a
C-N zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.508(G)).
19.34.080 Enclosures required for all uses -
Exceptions.
Except as otherwise provided, all uses in a C-N
zone shall be conducted wholly within a completely
enclosed building except for service stations, as
stipulated in their conditional use permit, nurseries,
and off-street parking and loading facilities and
sidewalk cafes. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(1)).
19.34.090 Restrictions on sales of goods.
19.34.110 Off-street parking and loading facilities.
Off-street loading and parking is required for all
uses in a C-N zone, as provided in CVMC 19.62.010
through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.508 (G)(4)).
19.34.120 Employee activity restrictions.
The number of employees in any business
establishment in a C-N zone shall be limited to those
necessary for the conduct of the on-site business and
no person shall be engaged in the activity of
processing, fabricating or repairing goods for delivery
or sale at other locations. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(5)).
19.34.130 Market analysis required when.
A market analysis showing demand for new or
additional C-N facilities shall be submitted together
with any application for rezoning of a new C-N district,
or extension by one acre or more of any existing C-N
EXHIBIT A
district. (Ord. 1212 § 1, 1969; priarcode
§ 33.508(G)(6)).
19.34.140 Curb cuts and internal traffic circulation
-Approval required.
All curb cuts and internal traffc circulation for
ingress and egress shall be approved by the planning
commission subject to a recommendation from the
city traffic engineer. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(7)).
19.34.150 Shopping centers -Presentation as
planned development required.
Shopping centers proposed to be located in a C-N
zone shall be presented as a planned development;
each unit shall then proceed in accordance with the
approved planned development. (Ord. 1212 § 1,
1969; prior code § 33.508(G)(8)).
19.34.160 Design of buildings.
All buildings in a C-N zone shall be designed so as
to be compatible with surrounding neighborhood; and
the general character of the development shall
continue and promote the established theme of the
community. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(9)).
19.34.170 Hours for conducting business.
No business shall be open in a C-N zone between
the hours of 11:00 p.m. and 7:00 a.m., unless
specifically approved by the planning commission.
(Ord. 1212 § 1, 1969; prior code § 33.508(G)(10)).
The site shall be landscaped in conformance with
the landscape manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.508 (G)(14)).
19.34.220 Prohibited uses.
Uses expressly prohibited in a C-N zone include:
A. Residential uses;
B. Any combination of residential and
nonresidential uses on a lot, parcel of land, or in any
structure thereon;
C. Industrial uses;
D. Public address systems and/or loudspeakers
outside of any building. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.508(H)).
19.34.230 Existing nonconforming shopping
centers -Conformance with rules and regulations
required when -Time limit.
All existing shopping centers which may, in the
future, be classified in the neighborhood-commercial
(C-N) zone shall, within the time established herein,
be made to conform to the requirements and
regulations of the zone as applicable. The planning
department shall submit a letter to the property owner
and managers of the businesses being conducted
within said shopping center, outlining the
requirements and changes necessary to bring the
center into conformance with the zone requirements.
All of said changes shall be accomplished within one
year of the date of such notification. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.508(1)).
19.34.180 Evidence of certain compliance
required annually.
Each year, prior to issuing a business license or
the renewal of a business license, establishments
within the neighborhood shopping center shall
present evidence of compliance with the
requirements of this title, particularly in regard to the
nature of the business as set forth in CVMC
19.34.090 and 19.34.120. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(11)).
19.34.190 Trash storage areas.
Trash storage areas in the C-N zone are subject to
the conditions of CVMC 19.58.340. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.508
(G)(12))
19.34.200 Wall requirements.
Zoning walls shall be provided in the C-N zone
subject tc the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.508(G)(13)).
19.34.210 Landscaping.
19.34.240 Performance standards.
All uses in a C-N zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19.66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.508(J)).
Chapter 19.36
C-C -CENTRAL COMMERCIAL ZONE
Sections:
19.36.010 Purpose.
19.36.020 Permitted uses.
19.36.030 Conditional uses.
19.36.040 Repealed.
19.36.050 Height regulations.
19.36.060 Area, lot coverage and yard
requirements.
19.36.070 Enclosures required for all uses -
Exceptions.
19.36.080 Setbacks from residential zone -
Landscaping required.
19.36.090 Landscaping.
marvl Paoe 47
EXHIBIT A
19.36. @~~~@e~®~t~f~I~tS9~8b8gproval
required.
19.36.120 Off-street parking and loading
facilities.
19.36.130 Trash storage areas.
19.36.140 Outdoor storage.
19.36.150 Wall requirements.
19.36.160 Performance standards.
19.36.010 Purpose.
The purpose of the C-C zone is to stabilize,
improve and protect the commercial characteristics of
the major community business centers. The C-C zone
designation shall only be applied in the general
location of such centers as designated in the Chula
Vista general plan. (Ord. 1212 § 1, 1969; prior code
§ 33.509(A)).
19.36.020 Permitted uses.
Principal permitted uses in the C-C zone are as
follows:
A. Stores, shops and offices supplying
commodities or performing services for residents of
the city as a whole or the surrounding community
such as department stores, specialty shops, banks,
business offices, and other financial institutions and
personal service enterprises;
B. Restaurants, cocktail lounges and night clubs
(dance floors subject to the provisions of CVMC
19.58.115 and Chapter 5.26 CVMC);
C. Bona fide antique shops, but not including
secondhand stores orjunk stores;
D. Parking structures and off-street parking lots,
subject to the provisions of CVMC 19.58.230;
E. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
F. Any other retail business or service
establishment which the commission Ends to be
consistent with the purpose of this title and which will
not impair the present or potential use of adjacent
properties;
G. Accessory uses and buildings customarily
appurtenant to a permitted use and satellite dish
antennas in accordance with the provisions in CVMC
19.20.030(F)(1)thrgugh (9);
H. Agricultural uses as provided in CVMC
19.16.030. (Ord. 2273 § 5, 1988; Ord. 2108 § 1,
1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.509(6)).
119.36.030 Conditional uses.
The following uses shall be permitted in the C-C zone;
!provided a conditional use permit is issued in accordance
,with the provisions of CVMC 19.14.030(A) or 19.14.040 as
;may be applicable; and 19.14.050 through 19.14.090:
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A. Car washes, subject to the provisions of CVMC
',19.58.060;
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C6. Social and fraternal organizations (nonprofit),
subject to the provisions of CVMC 19.58.100;
Dk4. Trailer rentals;
EI. Veterinarian clinics, subject to the provisions of
,CVMC 19.58.050;
I I i L.~h~ ~~,,.+ a rh.,n~o. Ao an rvnnr~
FYI. Automobile service stations, subject to the
.provisions of CVMC 19.58.280, and automobile
maintenance and repair (minor);
GM. Roof-mounted satellite dishes, subject to the
standards set forth in CVMC 19.30.040;
HN. Recycling collection centers, subject to the
provisions of CVMC 19.58.345;
19. Mixed commercial-residential projects, subject to the
provisions of CVMC 19.58.205.
The following uses shall be permitted in the C-C zone;
J. Skating rinks subject to the conditions of CVMC
K Billiard parlors subject to the provisions of CVMC
19.58.040;
L. Bowling alleys subject to the provisions of CVMC
,19.58.040;
M. Card rooms;
N. Unclassified uses see Chapter 19.54 CVMC.
_(Ord. 2633 § 4, 1995; Ord. 2295 § 1, 1989; Ord. 2252
§ 5, 1988; Ord. 2233 § 5, 1987; Ord. 2160 § 1, 1986; Ord.
'2152 § 2, 1986; Ord. 2108 § 1, 1985; Ord. 1757 § 1, 1977;
',Ord. 1746 § 1, 1977; Ord. 1571 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.509(C)).
19.36.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 8, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971;
Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord. 1212
§ 1, 1969; prior code § 33.509(D)).
19.36.050 Height regulations.
None, except that no building shall exceed three
and one-half stories or 45 feet in height when located
marvl Paee48 ~_~p 04/14/2010~?n'~,~~9
EXHIBIT A
adjacent to any C-O or residential zone. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.509(E)).
19.36.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed in the C-C zone,
except as provided in CVMC 19.16.020 and
19.16.060 through 19.16.080 and where increased for
conditional uses:
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.509(G)(3)).
19.36.100 Employee activity restrictions.
In the C-C zone, not more than five persons shall
be engaged in the fabrication, repair and other
processing of goods in any establishment, except
when permitted by conditional use permit. (Ord. 1212
§ 1, 1969; prior code § 33.509(G)(4)).
Setbacks in Feet
Front and
Exterior" Side
Lot Area* (sq. ft.) Yards Side ' Rear
5,000 25 feet None, except when abutting an None, except when abutting an R district,
R district, then not less than 15 then not less than required for said R
feet district
"Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown oh the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning
district.
(Ord. 1356 § 1, 1971; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.509(F)).
19.36.070 Enclosures required for all uses -
Exceptions.
All uses in the C-C zone shall be conducted wholly
within a completely enclosed building, except for
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specified under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.509(G)(1)).
19.36.110 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in the C-C zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.509(G)(5)).
19.36.120 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all uses in the C-C zone, as provided in 19.62.010
through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.509 (G)(6)).
19.36.080 Setbacks from residential zone -
Landscaping required.
In any C-C zone directly across a street or
thoroughfare (excluding a freeway) from any R
district, the parking and loading facilities shall be
distant at least 10 feet from said street, and the
buildings and structures at least 20 feet from said
street and said space permanently landscaped. (Ord.
1212 § 1, 1969; prior code § 33.509(G)(2)).
19.36.090 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city and approved by
19.36.130 Trash storage areas.
Trash storage areas shall be provided in the C-C
zone, subject to the conditions of CVMC 19.58.340.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.509(G)(7)).
19.36.140 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in the C-C zone only
when incidental to a permitted or accessory use
located on the premises; and provided, that:
marvl Pale 49 04/14/2010~~,~?O~4'~^-'tom
EXHIBIT A
A. Storage area shall be completely enclosed by
walls, fences, or buildings, and shall be part of an
a oa@~$~q~bhtorage of materials or equipment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.509(G)(8)).
19.36.150 Wall requirements.
Zoning walls shall be provided in the C-C zone
subject to the conditions in CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.509(G)(9)).
19.36.160 Performance standards.
All uses in the C-C zone shall be subject to initial
and continued compliance with the performance
standards set forth in Chapter 19.66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.509(H)).
Chapter 19.38
C-V -VISITOR COMMERCIAL ZONE
Sections:
19.38.010 Purpose.
19.38.020 Permitted uses.
19.38.030 Conditional uses.
19.38.040 Repealed.
19.38.050 Height regulations.
19.38.060 Area, lot coverage and yard
requirements.
19.38.070 Setbacks from residential zone -
Parking and loading facilities.
19.38.080 Landscaping.
19.38.090 Site plan and architectural approval.
19.38.100 Off-street parking and loading
facilities.
19.38.110 Enclosures required for all uses -
Exceptions.
19.38.120 Outdoor storage.
19.38.130 Wall requirements.
19.38.140 Trash storage areas.
19.38.150 Performance standards.
19.38.010 Purpose.
The purpose of the C-V zone is to provide for
areas in appropriate locations where centers
providing for the needs of tourists and travelers may
be established, maintained and protected. The
regulations of this zone are designed to encourage
the provision of transient housing facilities,
restaurants, service stations and other activities
providing for the convenience, welfare or
entertainment of the traveler. (Ord. 1212 § 1, 1969;
prior code § 33.510).
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels, motels and motor hotels, subject to the
,provisions of CVMC 19.58.210, with such incidental
businesses to serve the customer or patron; provided, such
'incidental uses and businesses not otherwise permitted in
',this zone shall be operated in the same building and in
'conjunction with this permitted use;
B. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
D. Handicraft shops and workshops;
E. Bona fide antique shops, but not including
;secondhand stores orjunk stores;
F. Theaters;
'l.., !!.o n n !n tin nF 4l.n r-.I nl,~r.+nlcr
G#. Accessory uses and buildings customarily
',appurtenant to a permitted use and satellite dish antennas
in accordance with the provisions in CVMC 19.22.030(F)(1)
through (9) and (11) through (13);
H1. Electrical substations and gas regulator stations,
',subject to the provisions of CVMC 19.58.140;
I Id. Agricultural uses as provided in CVMC 19.16.030.
J. Artists' supply and materials stores:
li K. Clothing sales (new):
_(Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(6)).
19.38.030 Conditional uses.
The following uses shall be permitted in the C-V zone;
A. Car washes, subject to the provisions of CVMC
~~ 19.58.060;
B. Automobile service stations and towing services,
.subject to the provisions of CVMC 19.58.280;
C. Bait and tackle shops, including marine sales,
(supplies and rentals;
' n ^..r~ ., ,. r.l ..i ti~ ~a., a Fi,,..r~ ~ !.'o~!!., ae
D€. Commercial parking lots and parking garages,
subject to the provisions of CVMC 19.62.010 through
19.62.130;
~~
o nn~..~~! r ..iF ,.,.
3--Bi44iacd-half
marvl Paee 50 10-80 04/14/20100?,4?7'?ni n
EXHIBIT A
~ CLnn
I
u ew~.~ __ .,~„ _.,,a m...o ..~~ ~~,. __ added to
,Permitted uses rno need for CUP)
', i rinse. ~.. nio~ ino,. i~
i i i,,..i..~~'a'oa _ ~ (`hnnln• ~o Gn r`v_ nnr~
EK. Roof-mounted satellite dishes, subject to the
,standards set forth in CVMC 19.30.040;
F6. Recycling collection centers, subject to the
j provisions of CVMC 19.58.345.
'. 1. dowltnp alley,
2. Miniature golf course,
3. Billiard hall,
' 4. Skating rink;
I Public stables subiect to the provisions of CVMC
19.58.310;
J. Unclassified uses, see Chapter 19.54 CVMC.
(Ord. 2273 § 6, 1988; Ord. 2252 § 6, 1988; Ord. 2233
',§ 6, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord
.1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
i
19.38.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 9, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.510(D)).
19.38.050 Height regulations.
No building or structure shall exceed three and
one-half stories or 45 feet in height except as
provided in CVMC 19.16.040; provided, however, that
said limitation may be adjusted by conditional use
permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.510(E)).
mare( Page 51 04/14/2010 ~''0~,~''
The following uses shall be permitted in the C-V zone;
provided a conditional use permit is issued by the planning
EXHIBIT A
19.38.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed, except as provided
in CVMC 19.16.020 and 19.16.060 through 19.16.080
and where increased as determined by the issuance
of a conditional use permit:
Yards in Feet
Lot Area (sq. Exterior
ft.) Lot Coverage (max. %) Front Side Yard Side Rear
10,000 40 20" for 10` for None, except 10 feet, except when abutting
buildings buildings when abutting an an R district, then not less than
0 for 0 for signs R district, then 25 feet; none when abutting a
signs not less than 25 side yard with no side yard
feet requirement
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the
zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(F)).
19.38.070 Setbacks from residential zone -
Parking and loading facilities.
In any C-V zone directly across a street or
thoroughfare (excluding a freeway) from any R zone,
the parking and loading facilities shall be distant at
least 10 feet from said street and the buildings and
structures at least 20 feet from said streets. (Ord.
1212 § 1, 1969; prior code § 33.510(G)(1)).
19.38.080 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.510 (G)(2)).
19.38.090 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in a C-V zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.510(G)(3)).
Off-street parking and loading facilities are required
for all uses in a C-V zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.510 (G)(4)).
19.38.110 Enclosures required for all uses -
Exceptions.
All uses in a C-V zone shall be conducted wholly
within a completely enclosed building, except far
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specifed under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.510(G)(5)).
19.38.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in a C-V zone only
when incidental to a permitted or accessory use
located on the same premises; and provided, that:
EXHIBIT A
A. Storage areas shall be completely enclosed by
walls, fences or buildings, and shall be part of an
a oy@rp~y~q~hhtorage of materials or equipment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.510(G)(6)).
19.38.130 Wall requirements.
Zoning walls shall be provided in a C-V zone,
subject to the conditions in CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.510(G)(7)).
19.38.140 Trash storage areas.
Trash storage areas shall be provided in a C-V
zone, subject to the conditions of CVMC 19.58.340.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.510(G)(8)).
19.38.150 Performance standards.
All uses in a C-V zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.510(H)).
Chapter 19.40
C-T -THOROUGHFARE COMMERCIAL ZONE
Sections:
19.40.010 Purpose.
19.40.020 Permitted uses.
19.40.030 Conditional uses.
19.40.040 Repealed.
19.40.050 Height regulations.
19.40.060 Area, lot coverage and yard
requirements.
19.40.070 Setbacks from residential zone -
Parking and loading facilities.
19.40.080 Landscaping.
19.40.090 Site plan and architectural approval
required.
19.40.100 Off-street parking and loading
facilities.
19.40.110 Enclosures required for all uses -
Exceptions.
19.40.120 Outdoor storage.
19.40.130 Wall requirements.
19.40.140 Trash storage areas.
19.40.150 Performance standards.
19.40.010 Purpose.
The purpose of the C-T zone is to provide for areas
in appropriate locations adjacent to thoroughfares
where activities dependent upon or catering to
thoroughfare traffic may be established, maintained
and protected. The regulations of this district are
designed to encourage the centers for retail,
commercial, entertainment, automotive and other
appropriate highway-related activities. C-T zones are
to be established in zones of one acre or larger, and
shall be located only in the immediate vicinity of
thoroughfares, or the service drives thereof. (Ord.
1212 § 1, 1969; prior code § 33.511(A)).
'.19.40.020 Permitted uses.
,Principal permitted uses in a C-T zone are as follows:
A. Stores, shops and offices supplying commodities or
',pertorming services for residents of the city as a whole or
lithe surrounding community, such as department stores,
'.banks, business offices and other financial institutions and
personal service enterprises;
B. New car dealers and accessory sale of used cars
!(see CVMC 19.40.030 for used car lots); boat and
equipment sales and rental establishments, subject to the
provisions of CVMC 19.58.070;
C. Motor hotels and motels, subject to the provisions of
CVMC 19.58.210;
D. Retail shops for the sale of auto parts and
;accessories, souvenirs, curios and other. products,
,primarily to serve the tr"'traveling public;
I E. Restaurants and cocktail lounges (dance floors
'subject to the provisions of CVMC 19.58.115 and Chapter
~~5'.26 CVMC);
i F. Animal hospitals and veterinary clinics, subject to the
.provisions of CVMC 19.58.050;
I G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming
'pools, bowling alleys, and skating rinks, subject to the
~ provisions of CVMC 19.58.040;
J. Plant nurseries;
IC, n hH ..,V..;1 L.__...___ _. __. ..__ n~ML.l;ehmcnh
~~{ 4 rl h. hH n hn 1.n of hhe c ener~+l
... ,n nn. _ ~n~~
K6. Accessory uses and buildings customarily
~~appurtenantto a permitted use and satellite dish antennas
m accordance with the provisions in CVMC 19.22.030(F)(1)
,through (9) and (11) through (13);
II LM. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
MN. Agricultural uses as provided in CVMC 19.16.030;
N8. Adult-oriented recreation businesses, subject to the
I provisions of CVMC 19.58.024.
O. Used clothing sales;
I P. Knitting and weaving shops;
~ O. Uoholsterv shops.
EXHIBIT A
(Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986; Ord. 2108
§ 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord.
1.1212 § 1, 1969; prior code § 33.511 (B)).
',19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone:
provided a conditional use permit is issued in accordance
with the provisions of CVMC 19.14.030(A) or 19.14.040 as
may be applicable; and 19.14.050 through 19.14.090:
A. Used car lots and motorcycle sales and repair,
subject to the provisions of CVMC 19.58.070;
B. Trailer and equipment sales and rental
,establishments and towing service;
1n G4 10(1 -~nrl n ,/aoa lh~f 4hn c chnll ho c
~J...~-~4v.1 -....1`.Yn r n.~ Ih ~+!'! " ..4. ~-'hln frnm ....I".. ..1
'i 44.nrn nhf-+ron n,~l __.r! __.__.. chill hn cn! hnn_L ..nf lo_c_
~'~Yl..+n Inn font frn... " Mrnn! nr lhnrn nhfn ro
C8. Automobile service stations, garages for major and
,minor repairs, as defined herein, and car-washing
!establishments, subject to the provisions of CVMC
19.58.060 and 19.58.280;
D€. Carpenter, electrical, plumbing or heating shops;
x-9-58-849;
I ('_ Tr nL -,n.,l !r-,'L+r c nl ll'n
E#. Building material sales yards, not including concrete
mixing;
FI. Automobile storage, contractor's equipment storage
yards, or storage, sale and rental of equipment commonly
'used by contractors;
I I rn of ..,.,.,~.., n~l~hr~hn.a 'n wnnr
I49 695660;
GF4. Bait and tackle shops;
I rn..,..,nr,: nl . nn~ nn fnn~rt n~ /n lann.\~
'; nn I Inhnl~r,.r, ~h,.n.-~ ,
I
D 1 -. n.~l:n ~, n!'nr! Nr'nl n.! nlnnn'n nrl rlvn'n
I !1 I Icn.~l r1..1 L.f n.. cnln~~
I H~. Lumberyards;
C D..a{-.1.... hnnc~
T I Innlnnc'f'nrl o !`hnnlnr 1D GA (`\/RA/`~
ILV. Roof-mounted satellite dishes, subject to the
,standards set forth in CVMC 19.30.040; _
JX. Recycling collection centers, subject to the
provisions of CVMC 19.58.345.
The following uses shall be permitted in the C-T zone:
''.provided, a conditional use permit is issued by the planning
~icommission, or Chula vista redevelopment corporation for
;projects within a designated redevelopment project area, or
'for unclassifed uses as defined in CVMC 19.54.020.
K. Drive-in theaters. subject to the provisions of CVMC
'.19.58.120; and provided, that the screen shall be so
located and designed that it is not visible from adjacent
thoroughfares. and said screen shall be set back not less
than 100 feet from anv street or thoroughfare
L Dancehalls, subject to the provisions of CVMC
19.58.040
M. Commercial recreation facilities (outdoor)
N. Automobile paint and body shoos
O. Wholesale bakeries;
P. Laundries. except industrial, and cleaning and dveing
Ip_~
O. Radiator repair shops;
R. Truck and trailer service, including major repair
S. Cardrooms
T. Unclassified uses, see Chapter 19.54 CVMC.
_(Ord. 2252 § 7, 1988; Ord. 2233 § 7, 1987; Ord. 2160
'§ 1, 1986; Ord. 2152 § 3, 1986; Ord. 2108 § 1, 1985; Ord.
1954 § 1, 1981; Ord. 1855 § 3, 1979; Ord. 1757 § 1, 1977;
'Ord. 1746 § 1, 1977; Ord. 1716 § 1, 1976; Ord. 1464 § 1,
';1973; Ord. 1456 § 1, 1973; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.522(C)).
19.40.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 10, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord.
1212 § 1, 1969; prior code § 33.511(D)).
19.40.050 Height regulations.
No building or structure shall exceed three and
one-half stories or 45 feet in height, except as
provided in CVMC 19.16.040; provided, however, that
said limitation may be adjusted by conditional use
permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.511(E)).
19.40.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed, except as provided
in CVMC 19.16.020 and 19.16.060 through 19.16.080
and where increased for conditional uses:
marvl Paee 54
EXHIBIT A
19.40.070 Setbacks from residential zone -
Parking and loading facilities.
In any C-T district directly across a street or
thoroughfare (excluding a freeway) from any R
district, the parking and loading facilities shall be
distant at least 10 feet from said street, and the
buildings and structures at least 20 feet from said
street. All access drives or curb cuts across a street
from any R district are prohibited unless specifically
approved by the staff. (Ord. 1212 § 1, 1969; prior
code § 33.511(G)(1)).
19.40.080 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.511 (G)(2)).
19.40.090 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in a C-T zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.511(G)(3)).
19.40.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all uses in a C-T zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.511 (G)(4)).
19.40.110 Enclosures required for all uses -
Exceptions.
All uses in a C-T zone shall be conducted wholly
within a completely enclosed building, except for
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specified under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.511(G)(5)).
19.40.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in a C-T zone only
when incidental to a permitted or accessary use
located on the premises; and provided, that:
A. Storage areas shall be completely enclosed by
walls, fences or buildings, and shall be part of an
approved site plan;
B. No outdoor storage of materials or equipment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.511(G)(6)).
19.40.130 WaII requirements.
Zoning walls shall be provided in a C-T zone,
subject to the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.511(G)(7)).
19.40.140 Trash storage areas.
Trash storage areas shall be provided in a C-T
zone, subject to the conditions of CVMC 19.58.340.
n ec 04/14/2010P~~2°%i~~
~ a-o
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(G)(8)).
19.40.150 Performance standards.
All uses in a C-T zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19.66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(H)).
Chapter 19.42
I-R -RESEARCH INDUSTRIAL ZONE
Sections:
19.42.010 Purpose.
19.42.020 Permitted uses.
19.42.030 Accessory uses and buildings.
19.42.040 Conditional uses.
19.42.050 Prohibited uses and processes.
19.42.060 Repealed.
19.42.070 Height regulations.
19.42.080 Area, lot coverage and yard
requirements.
19.42.090 Performance standards.
19.42.100 Enclosures required for all uses -
Exceptions.
19.42.110 Fuel restrictions.
19.42.120 Setbacks required from residential
zone -Parking and loading
facilities.
19.42.130 Landscaping.
19.42.140 Site plan and architectural approval.
19.42.150 Off-street parking and loading
facilities.
19.42.160 Outdoor storage.
19.42.170 Trash storage areas.
19.42.180 Wall requirements.
19.42.010 Purpose.
The purpose of the I-R zone is to provide an
environment exclusively for and conducive to the
development and protection of modern, large-scale
research and specialized manufacturing
organizations, all of anon-nuisance type. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.512(A)).
19.42.020 Permitted uses.
Permitted uses in an I-R zone are as follows:
A. Laboratories; research, experimental, film,
electronic or testing;
B. Manufacture and assembly of electronic
instruments and devices;
C. Manufacture and assembly of office computing
an&ta~PUfi~li4h~§i ~Yic
measuring ins ruments and test equipment;
E. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
+F. Temporary tract signs, subject to the provisions
of CVMC 19.58.320 and 19.60.470;*
G. Any other research or any light manufacturing
use determined by the commission to be of the same
general character as the above-permitted uses. (Ord.
1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.512(B)).
* Code reviser's note: This subsection amended to
conform with provisions of Ord. 1575, 1974.
19.42.030 Accessory uses and buildings.
Accessory uses permitted in an I-R zone include
the following:
A. Administrative, executive and financial offces
and incidental services, such as restaurants to serve
employees when conducted on the premises;
B. Wholesale business storage or warehousing for
products of the types permitted to be manufactured in
the zone;
C. Other accessory uses and buildings customarily
appurtenant to a permitted use;
D. Retail sales of products produced or
manufactured on the site;
E. Caretaker houses;
F. Satellite dish antennas are permitted in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9) and (11) through (13). (Ord. 2160
§ 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.512 (C)).
X19.42.040 Conditional uses.
The following uses shall be permitted in the I-R zone
;provided, a conditional use permit is issued in accordance
Iwith the provisions of CVMC 19 14 030(Al or 19 14 040 as
may be applicable and 19 14 050 through 19 14 090'
I
A. Retail commercial uses necessary to serve the I-R
zone;
~~ B. Manufacture of pharmaceuticals, drugs and the like;
~~ r Q~illfl'nn he'..M ~ ..F ~~..,.,, .....a ,. ,. H,, a..
C. Roof-mounted satellite dishes subiect to the
',standards set forth in CVMC 19.30.040
D Recvcling collection centers subiect to the provisions
of CVMC 19.58.345.
The following uses shall be permitted in the I-R zone
provided a conditional use permit is issued by the planning
;commission or Chula vista redevelopment corporation for
EXHIBIT A
projects within a designated redevelopment project area. or
for unclassified uses as defined in CVMC 19.54.020.
EB. Unclassified uses, as set forth in Chapter 19.54
,CVMC;;
G Dnnf m nlo.! e.,lolf4n abhn~ M'nn! !n IMn
' C Dnr inl'n nllnn!'n nnln.n h'nn! !n !hn n ~
I, e~~V~v1G 1~-~ X45;
F6. Hazardous waste facilities, subject to the provisions
of CVMC 19.58.178. Conditional use permit applications
!for the establishment of hazardous waste facilities shall be
.considered by the city council subsequent to its receipt of
.recommendations thereon from the planning commission,
'.or Chula vista redevelopment corporation if located within a
'designated redevelopment project area. in accordance with
'CVMC 19.14.070(6). (Ord. 2542 § 3, 1993; Ord. 2252 § 9,
11988; Ord. 2233 § 9, 1987; Ord. 2160 § 1, 1986; Ord. 2108
I§ 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
,code § 33.512(D)).
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 11, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.512(F)).
19.42.070 Height regulations.
No structure shall exceed three and one-half
stories or 45 feet in height; however, no structure
shall exceed two stories or 35 feet in height when
located within 200 feet of any residential zone or any
area designated for future residential development on
the general plan, except as provided in CVMC
19.16.040. (Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.512(G)).
19.42.080 Area, lot coverage and yard
requirements.
The minimum lot areas required shall be one of the
following for this zone classification, as designated on
the zoning map, except as provided in CVMC
19.16.020 and 19.16.060 to 19.16.080 and where
increased for conditional uses:
Setbacks in Feet
Exterior
Side
Lot Area (sq. ft.) Lot Coverage (max. %) Front Yard Side Rear
20,000 40 Buildings 20* 15* 20 25
Signs 0 0
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the
zoning district.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(H)).
19.42.050 Prohibited uses and processes.
Prohibited uses in an I-R zone include
manufacturing uses and processes involving primary
production of products from raw materials. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.512(E)).
19.42.060 Sign regulations.
~ n_o-r 04/14/20100!~°~'?~~^
EXHIBIT A
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.
19.44.010 Purpose.
The purpose of the I-L zone is to encourage sound
limited industrial development by providing and
protecting an environment free from nuisances
created by some industrial uses and to insure the
purity of the total environment of Chula Vista and San
Diego County and to protect nearby residential,
commercial and industrial uses from any hazards or
nuisances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.513(A)).
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing,
repairing, bottling, or packaging of products from
previously prepared materials, not including any
prohibited use in this zone;
B. Manufacturing of electrical and electronic
instruments, devices and components;
C. Wholesale businesses, storage and
warehousing;
D. Laboratories; research, experimental, film,
electronic and testing.;
E. Truck, trailer, mobilehome, boat and farm
im~leRf~?liosi~f~f~3'fd~~H#i~flf~;rnaterial sales yards,
service yards, storage yards, and equipment rental;
G. Minor auto repair;
H. Laundries, laundry services, and dyeing and
cleaning plants, except large-scale operations;
I. Car washing establishments, subject to the
provisions of CVMC 19.58.060;
J. Plumbing and heating shops;
K. Exterminating services;
L. Animal hospitals and veterinarians, subject to
the provisions of CVMC 19.58.050;
M. The manufacture of food products, drugs,
pharmaceuticals and the like, excluding those in
CVMC 19.44.050;
N. Electrical substations and gas regulator
stations, subject to the provisions of CVMC
19.58.140;
O. Temporary tract signs, subject to the provisions
of CVMC 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;
O. Agricultural uses as provided in CVMC
19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(6)).
* Code reviser's note: This section amended to
conform with provisions of Ord. 1575, 1974.
19.44.030 Accessary 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 premises;
B. Other accessory uses and buildings customarily
appurtenant to a permitted use;
C. Retail sales of products produced and
manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in
accordance with the provisions of CVMC
19.22.030(F)(1)thrpugh (9) and (11) through (13).
(Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.513(C)).
19.44.040 Conditional uses.
The following uses shall be permitted in the I-L zone
prOVided a conditional use permit is issued in accordance
with the Drovisions of CVMC 19.14.030(A) or 19.14 040 as
may be applicable and 19.14.050 through 19.14 090'
rnn,~'~".. .,i n,"wna ' n i i i s
~~A nn{.".. nhnnc nn.~l .-V.nn! mnlnl nV.nnc~
04/14/201003,'2°,-2-~^-'~~
EXHIBIT A
' A~. Service stations, subject to the conditions in CVMC
'.19.58.280;
E~;BFeel-fabrisatie}8
', B13. Restaurants, delicatessens and similar uses;
', G n ' !h ~! h'nn! hn hhn nnn.a'h'n of `^vnnr
I C1=. Major auto repair, engine rebuilding and paint
',shops;
!, D6. Commercial parking lots and garages;
' I-I Dln }' a nlhnr c inlh nti n ion} r
i,.Q I~ _.__~ _._h;_-_- nnrV'nn hh ron nnrl n o hn~iF Nnr'n
' ~ ~
r n~nnh
',SVMC- -
', IC Tr nL'n ~r.dc hnr..+'n..l~ -.nrl rl'c!i 4.~ lInn n rn!"n
~TT~ Y~ I ~I f L. 4+_IL., 'Inm_ _c f_rn 4^r-
.- _ .y
nn! _nrl n_}hc_ _ m'Inr 'lnmc~
n~A D 1~'l rlbhr'hci~.. ~_~ ~'nlnm nrl m F-.nh Hnle
h ~ ........n..In n....o flnnr .,. .-.~Fn. ll.ncln ~~'---
rn nrn~ ..._ r~nn -.
~,rl' In of m rnh..n rl'c n!1 !Ln h'nh nl rni.n
} - nF nnnrl~ nnrl ~rnM'I .~h'nh .~ nlolnrl !n nn.A
I n.l :, of nvbFn eln rnln'I rl'Ni i. !'n nnln of
~~, inn! rnr ~_enh~ rn_nrt t,=.._I -'- n ... ~!_'_ nrn_l~nnn
f 4h Mhl' hmnnf n_f rnM'I n nl rnrl by
lh .,.,.__..-.a~Ih'e ~hc r1'n ..chnll ti~ ___e!.}c c.l~hv -i
~~ r,_.._._.._ ....._ ______.._ ___.. __ __.._.__.__ _~
EN. Roof-mounted satellite dishes, subject to the
..standards set forth in CVMC 19.30.040;
FO. Recycling collection centers, subject to the
i~ provisions of CVMC 19.58.345;
D. V" _.'~___ __cln F..ra.!_n h~n.~l 4n lL.nr ____._.._
Gam. Brewing or distilling of liquors requiring a Type 23
;oholic Beverage Control License.;
19.58.120;
L Trucking yards terminals and distributing operations;
M. The retail sale of such bulky items as furniture,
',carpets and other similar items;
N. Retail distribution centers and manufacturers' 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
,'manufacturers' outlets.
O. Unclassified uses, as set forth in Chapter 19.54
I CVMC:
P. Hazardous waste facilities. subject to the provisions
'of CVMC 19.58.178. Conditional use permit applications
maryl Paee 59_
ifor the establishment of hazardous waste facilities shall be
'considered by the city council subsequent to its receipt of
'.recommendations thereon from the planning commission
for Chula vista redevelopment corporation if located within a
designated redevelopment project area in accordance with
CVMC 19.14.070(B).
'. hhn hen.-h'nn /h\ of IV.'c nnh'n ch-,II V.n
(Ord. 3031 § 1, 2006; Ord. 2542 § 4, 1993; Ord. 2252 § 10,
.1988; Ord. 2233 § 10, 1987; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 2031 § 1, 1983; Ord. 1927 § 1, 1980;
'',Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(D)).
19.44.050 Prohibited uses and processes.
Prohibited uses in an I-L zone include:
A. Manufacturing uses and processes involving the
primary production of products from raw materials,
including the following materials and uses:
1. Asphalt, cement, charcoal and fuel
briquettes,
2. Rubber, chemical and allied products, and
soap and detergents,
3. Coal, coke and tar products and the
manufacturing of explosives, fertilizers, gelatin,
animal glue and size,
4. Turpentine, matches, paint and other
combustible materials,
5. Stockyards, slaughterhouses and
rendering plants,
6. The storage of fireworks or explosives,
7. Industrial metal, waste rag, glass or paper
salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Brewing or distilling of liquors except for
businesses requiring Type 23 licenses from the
Department of Alcoholic and Beverage Control or
perfume manufacturing;
B. The following processes: nitrating of cotton or
other materials; foundries; reduction, refining,
smelting, alloying, rolling, drawing and extruding of
metal or metal ores; reining of petroleum products;
distillation of wood or bones; storage, curing or
tanning of raw, green or salted hides or skins; and
grain milling;
C. Any other use which is determined by the
commission to be of the general character as the
above uses. (Ord. 3031 § 2, 2006; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(E)).
19.44.060 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 12, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.513(F)).
19.44.070 Height regulations.
EXHIBIT A
No building or structure shall exceed three and
one-half stories or 45 feet; except, that any building or
structure erected to such a height or less that would
be detrimental, in the opinion of the commission, to
the light, air or privacy of any other structure or use,
existing or reasonably to be anticipated, may be
reduced. Exceptions are provided in CVMC
19.16.040. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970: Ord. 1212 § 1, 1969; prior code § 33.513(G)).
19.44.080 Area, lot coverage and yard
requirements.
The following minimum requirements shall be
observed, except as provided in CVMC 19.16.020
and 19.16.060 through 19.16.080 and where
increased for conditional uses:
or agricultural development on the general plan, the
loading facilities and structures shall be a distance of
at least 30 feet from said street. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.513(1)(3)).
19.44.120 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the planning department. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.513 (I)(4)).
19.44.130 Site plan and architectural approval.
Site plan and architectural approval is required far
all uses in an I-L zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.513 (I)(5)).
Setbacks in Feet
Exterior
Lot Area (sq. ft.l Lot Coverage (max. %) Front Side Yard Side Rear
10.000 50 Buildings 20* 15* 0'* 0'*
Signs 0 0
*Or not less than that sp ecified on the building line moo which takes precedence shall be provided and maintained. (See
CVMC 19.44.090 throug
**Exceot when adioining h 19.44.180 for other required setbacks:)
an R or A zone, or areas designated for future residential or agricultural development on the
Chula Vista general plan, then not less than 50 feet.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1. 1970; Ord. 1212 1. 1969; ode § 33.513(H)).
19.44.090 Performance standards.
All uses permitted by this title shall be subject to
initial and continued compliance with the performance
standards in Chapter 19_66 CVMC. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(1)).
~a.a4.~au un-sneer parKmg ang ioagmg racemes.
Off-street parking and loading facilities are required
for all uses in an I-L zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.513(1)(6)).
19.44.100 Fuel restrictions.
Manufacturing and industrial processes in an I-L
zone shall use only gas or electricity as a fuel;
provided, however, that oil burning equipment may be
installed for standby purposes only. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513
(D(2))~
19.44.110 Setbacks from residential or
agricultural zone -Loading facilities.
In any I-L zone directly across the street from any
R or A zone, or areas designated for future residential
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 displayed higher
than the enclosing fence. For other fencing
requirements, see CVMC 19.58.150. (Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.513(1)(6)).
19.44.160 Trash storage areas.
maryl Pale 60 ~ ~_~~ 04/14/20109'''°~S
EXHIBIT A
Trash storage in an I-L zone shall be subject to the
provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
& 33.513(1)(7)).
19.44.170 Enclosures required for all uses -
Exceptions.
All uses in an I-L zone, except sales yards, service
yards, storage yards and loading and equipment
rental, shall be conducted entirely within an enclosed
building. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.513 (I)(9)).
19.44.180 Wall requirements.
Zoning walls shall be provided in an I-L zone,
subject to the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513
(1)(10)).
Chapter 19.46
I -GENERAL INDUSTRIAL ZONE
Sections:
hazards and noise or other disturbances. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(A)).
19.46.020 Permitted uses.
Permitted uses in an I zone are 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
of CVMC 19.58.320 and 19.60.470;*
G. Any other use which is determined by the
commission to be of the same general character as
the above uses. (Ord. 2064 § 1, 1984; Ord. 1361 § 1,
1971; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord.
1212 § 1, 1969; prior code § 33.514 (B)).
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 protecting an
environment exclusively for such development,
subject 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
` Code reviser's note: This section amended to
conform with provisions of Ord. 1575, 1974.
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 customarily
appurtenant to a permitted use;
C. Retail sale of products produced and
manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9) and (11) through (13). (Ord. 2160
§ 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.514 (C)).
19.46.040 Conditional uses.
The following uses shall be permitted in the I zone
provided a conditional use permit is issued by the zoning
administrator in accordance with the provisions of CVMC
19.14.030(A) or 19.14.040. as may be applicable: and
19.14.050 through 19.14.090
a,~..,,.•~~aa,.i ae
A. Motels;
marvl Page 61 , ~_a, 04/14/2010^~~~~~
--r o ~
EXHIBIT A
B. Restaurants; P. Hazardous waste facilities subject to the provisions
C. Service stations, subject to the provisions of CVMC of CVMC 19 58 178 Conditional use permit applications
19.58.280; ;for the establishment of hazardous waste facilities shall be
D. Roof-mounted satellite dishes, subject to the :considered by the city council subsequent to its receipt of
standards set forth in CVMC 19.30.040 recommendations thereon from the planning commission
E. Recycling collection centers, subject to the provisions or Chula vista redevelopment corporation if located within a
of CVMC 19.58.345. ,designated redevelopment project area in accordance with
! CVMC 19.14.070(8).
' The following uses shall be permitted in the I zone:
provided, a conditional use permit is issued by the planning ! i , n_n+._n_ _a,;n~, c!^c h_^ „c h;,, .. ~
•, ~>
'commission, or Chula vista redevelopment corporation if aa~,n.nn. n +, nn++n +tin r v rvnnr ,o Fa nGc
located within a designated redevelopment protect area or nd arl • 'rh^. ~ th° ~ ^ .,,,,, ~^ ,.,,,d j;,., hc., ~„".
.7 •. ~ r.r ., r~~~~
^
for unclassified uses as defined in CVMC 19.54.020. ^n~ na +^ +~,n ! ..~
,,a +~
~ .. •„„- y~.,,.,,... ,,. (Ord. 2584 § 4,
FB. The retail sale of such bulky items as furniture, ',1994; Ord. 2542 § 5, 1993; Ord. 2252 § 11, 1988; Ord.
,carpets and other similar items; 12233 § 11, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1,
G€. Retail distribution centers and manufacturers' !1985; Ord. 2064 § 1, 1984; Ord. 2031 § 1, 1983; Ord. 1927
outlets which require extensive floor areas for the storage I§ 2, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord.
'and display of merchandise, and the high-volume, 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
.;warehouse-type sale of goods and retail uses which are ~,§ 33.514(D)).
related to, and supportive of, existing on-site retail
distribution centers or manufacturers' outlets. Senditieaat
'
'
'
'
m
+ n nl
n-~+
n c fnr Y+,e nn+n V.I
c+,mnn! of rnM'I
v,nnnY,nn ~~,n~~'hn nnnn,an.va ~.,,.+.n n+„ nn nn'~ 19.46.041 Prohibited uses and processes.
~
~ +
'+
+
.
,.
+'
++
f
Prohibited uses in the I zone include:
,~nn nn
n
n .nnn n
n
renn..,n,nn,
,
nnn
,n. n
-,--- - -- ---~- - --- - ------ - -' --' '~- "
+~n n~nnn;nn nnn....;nn;nn A. Any of the following manufacturing uses,
c T+,n anon,., n `;. rna +.,,+~,'` ~,nn^`n `~^~~ involving primary production of the following products
hn ~~no'rlnrnrl L.v +V.n n~hr n
nnl c i.ocn cn+4n '+
+ from raw material, such as:
_
:
c rn
-' ~ "~~' ° °~~- -- "''"" • •" ~ •""~•"~ 1. Asphalt, cement, charcoal and fuel
briquettes;
!~~ 2. Aniline dyes, ammonia, carbide, caustic
i H4. Brewing or distilling of liquor, or perfume soda, cellulose, chlorine, carbon black and bone
Imanufacturing, black, creosote, hydrogen and oxygen, industrial
12. Meat packing,
~ alcohol, nitrates of an explosive nature, potash,
, J3. Large-scale bleaching, cleaning and dyeing
establishments
! plastic materials and synthetic resins, pyroxylin, rayon
,
, yarn, and hydrochloric, nitric, phosphoric, picric and
K4. Railroad yards and freight stations, sulphuric acids;
I L5. Forges and foundries, 3. Coal, coke and tar products and
M6. Automobile salvage and wrecking operations, and manufacturing of explosives, fertilizers, gelatin,
industrial metal and waste rag, glass or paper salvage animal glue and size;
ioperations; provided, that all operations are conducted 4. Turpentine, matches and paint;
within a solid screen not less than eight feet high, and that
i
5. Rubber and soaps;
materials stored are not piled higher than said screen;
~
! r
~
' 6. Grain milling;
_ en„ n+v. n. ~n ..,v,
n~.
~ .ananr.n
nn.a ~,„ a~.n
a
a
7. The following processes: nitrating of
n +.n n
n nn
++.n ~n.„e nnnnrn~ n~,^.^,.anr ..~ ++.
mm'-- - - -- - - -- - -- - - - - -- -- ° -- cotton or other materials; magnesium foundry;
I°°°~°
u i inni.,~n v~ a ,~na 'n r~
., n+
~o Gn reduction, refining, smelting and alloying of metal or
,
n.
-'--- --~`~ =- ~' -- --- ° -"-~-° - metal ores; products such as gasoline, kerosene,
!~~ naphtha, and lubricating oil; distillation of wood or
!, N. Auctions of vehicles. heavy machinery and bones; storage, curing or tanning of raw, green or
leguipment, subject to the provisions of CVMC 19.58.055. salted hides or skins;
and only where the P precise plan modifier has been 8. Stockyards and slaughterhouses, except
,applied to the general industrial (I) zone. 6-Reef-r~eunted
;
11 «e d
~n~ ~ +, nn.
~rnnr•
'
+
^
^
• as allowed elsewhere in this title, and slag piles; and
e
c
~
s
tc
.h° °t
^d
,dc cpt f.,rtt g. Storage of fireworks or explosives, except
I O. Unclassified uses
as set forth in Chapter 19
54 where incidental to a permitted use. (Ord. 2064 § 2,
.
.
I CVMC: 1984).
~ onn„n~ na nnlleot;on onnt=r~ ~ o en++n+ti
_. 7 0
e~CUM6
4&a8
34a .19.46.050 Sign regulations.
-
-
v~ u ,r + a n ~+
, ++ Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
L
th^
- -- -~- ~ r.,.-.. .,
e~~l~A4G-a-9-5~~7 § 13, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
maryl Paee 62 ~ 0 _92 04/14/2010~~,4'~,~?~^-'~~^
EXHIBIT A
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.514(E)).
through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.514 (H)(2)).
19.46.060 Height regulations.
Within 200 feet of any R zone or A zone
designated for future residential use in the general
plan, no structure shall exceed three stories or 50 feet
in height; otherwise, no building or structure shall be
erected to such a height that it would be detrimental,
in the opinion of the commission, to the light, air or
privacy of any other structure or use, existing or
reasonably to be anticipated. For other requirements,
see CVMC 19.16.040. (Ord. 1281 § 1, 1970; Ord.
1212 § 1, 1969; prior code § 33.514(F)).
19.46.070 Area, lot coverage and yard
requirements.
The minimum lot area required shall be one of the
following for this zone classification as designated on
the zoning map, except as provided in CVMC
19.16.020 and 19.16.060 through 19.16.080 and
where increased for conditional uses:
19.46.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all uses in an I zone, as provided in CVMC
19.62'010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(3)).
19.46.110 Setbacks from residential or
agricultural zone -Loading facilities.
In any I zone directly across the street from any R
zone or A zone designated for residential use in the
general plan, the loading facilities shall be distant at
least 30 feet from said street, and the structures at
least 50 feet from said street. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.514 (H)(4)).
Setbacks in Feet
Exterior Side
Minimum Lot Area (sq. ff.) Front Yard Side Rear
20,000 Buildings 25' Buildings 15' 0 feet, except when adjoining an R zone or A 0
Signs 0 Signs 0 zone, designated for future development in
the Chula Vista general plan, then not less
than 50 feet
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning
district.
NOTE: For other setback requirements, see CVMC 19.46.080 through 19.46.150.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514(G)).
19.46.080 Performance standards.
All uses in an I zone shall be subject to initial and
continued compliance with the performance
standards in Chapter 19_66 CVMC. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.514
(H)(1)).
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 § 1, 1971; Ord.
1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(5)).
19.46.090 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in an I zone, as provided in CVMC 19.14.420
19.46.130 Outdoor storage.
Outdoor storage or sales yards in an I zone visible
from any public right-of-way shall be completely
enclosed by solid walls, fences, buildings or
marvl Paoe 63~V 9^ 04/14/2010n~2°1''~9
EXHIBIT A
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 requirements, see CVMC
19.58.150. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(6)).
19.46.140 Trash storage areas.
Trash storage areas in an I zone are subject to the
provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(7)).
19.46.150 Wall requirements.
Zoning walls shall be provided in an I zone, subject
to the conditions of CVMC 19.58.150 and 19.58.360.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.514 (H)(8)).
Chapter 19.47
P-O - PUBLICIQUASI-PUBLIC ZONE
;Sections:
19.47.010 Purpose.
•19.47.020 Permitted uses.
1,19.47.030 Accessory uses and buildings.
119.47.040 Conditional uses.
',19.47.050 Performance standards.
19.47.060 Siting standards.
119.47.070 Area, lot coverage and yard
requirements.
i 19.47.080 Site plan and architectural approval.
;19.47.090 Landfill closure.
,19.47.100 Exceptions_ _
119.47.010 Purpose.
~ The purpose of the public/quasi-public zone is to
provide a zone with uses in appropriate locations
1,which are maintained by public or publicly controlled
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 various water reservoir
',sites. The regulations of this district also provide for
the appropriate closure of existing landfill sites. (Ord.
'2672,1996).
i
119.47.020 Permitted uses.
Permitted uses in the P-Q zone are as follows:
A. Agricultural uses including grazing and livestock
,raising;
i B. Water reservoirs; and
C. Public parks. (Ord. 2672, 1996).
Accessory uses permitted in the P-Q zone include the
following:
A. Caretakers units, as accessory to the principal
'permitted or conditionally permitted use; and
1 B. Public utility service and corporation yards. (Ord.
26721 1996).
19.47.040 Conditional uses.
The following uses shall be permitted in the P-O zone
'provided, a conditional use permit is issued by the zoning
',administrator in accordance with the provisions of CVMC
19.14.030(A) or 19.14.040 as may be applicable and
9'.14.050 through 19.14.090:^^~'' ^^~' ~ ~^ ««°~' ^
r~.° D n ~ ni a°~
IUD n~ ~nn~
-Seheels;
AB. Cellular facilities;
~. ~ r~, n«^rn
i
Bkl. Recycling collection centers, subject to the
provisions of recycling collection centers standards in
(CVMC 19.58.345;
The following uses shall be permitted in the P-O zone;
provided a conditional use permit is issued by the planning
'commission or Chula vista redevelopment corporation if
I located within a designated redevelopment proiect area, or
'for unclassified uses as defined in CVMC 19.54.020.
~ C. Land reclamation projects;
D. Fire stations:
E. Post offices;
1 i u.. ,a ^.~ c..^~r«~° ~.~°n« In rt,., ~ of
16~PA6-493-'Ic7~ -- .-.....-- ---~-- - _ ~ --
l F. Sanitary landfills unless excepted by CVMC
19.47.100:
i G. Schools;
H. Utility substations;
I. Golf driving ranges with or without lighting;
JI4. Unclassified uses, as provided in Chapter 19.54
II,CVMC; and
1 h f 4V. -.I Lnrn nl°r n^ IV.
K Hazardous waste facilities subject to the provisions
of CVMC 19 58 178. Conditional use permit applications
for the establishment of hazardous waste facilities shall be
'.considered by the city council subsequent to its receipt of
',recommendations thereon from the planning commission,
for Chula vista redevelopment corporation if located within a
designated redevelopment proiect area in accordance with
(CVMC 19.14.070(8).
Ord. 2672, 1996).
19.47.030 Accessory uses and buildings.
119.47.050 Performance standards.
marvl Paee 64 1 n_91G 04/1 4/2 0 1 093L39.~30-18
EXHIBIT A
', All existing and future uses permitted by this title
shall be subject to initial and continued compliance
with the performance standards in Chapter 19.66
CVMC. (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 applicable 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
residential structure shall be in compliance with all of
the state minimum standards for solid waste
'management. The distance of such sites to residences
-shall be sufficient to permit adequate control of noise
'.levels, odor nuisances, traffic congestion, litter
',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 architectural
,permit process. (Ord. 2672, 1996).
19.47.080 Site plan and architectural approval.
!, Site plan and architectural approval is required for all
uses in the P-Q zone, as provided in CVMC 19.14.420
through 19.14.480. (Ord. 2672, 1996).
X19.47.090 Landfill closure.
', Any sanitary landfill existing within the P-Q zone
;which is subject to closure shall be terminated in a
'manner which complies with any and all applicable
',federal, state, and local regulations, including
~I regulations of the State Water Resources Control
Board, the California Waste Management Board, and
the Department of Health Services, and in accordance
'with any agreements entered into with the city. (Ord.
x,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 property
',owner has entered into an agreement with the city that
establishes specific regulations andlor guidelines.
,(Ord. 2672, 1996).
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.
119.54.050 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
tFiereto, are declared to be uses possessing characteristics
'of such unique and special form as to make impractical
tfieir being included automatically in any classes of use as
'.set forth in the various zones herein defined, and the
'authority for the location and operation thereof shall be
.subject to review and the issuance of a conditional use
permit; provided, however, that conditional use permits
',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 determine 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 considered and the manner
in which conditional use applications are to be processed
,shall be as set forth in CVMC 19.14.060, et seq. (Ord.
1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.535).
,19.54.020 Designated -Limitations and standards.
The following uses may be considered for location in
any zone, subject to the provisions set forth herein, and
'additional conditions set forth in Chapter 19.58 CVMC
((references indicated for uses):
A. Borrow pits and quarries far rock, sand and gravel;
B. Campgrounds: See CVMC 19.58.040;
C. Cemeteries: See CVMC 19.58.080;
D. Colleges, universities, private schools, and
'elementary and secondary public schools;
E. Columbariums, crematoriums and mausoleums;
'.provided, that these uses are specifically excluded from all
R zones unless inside of a cemetery: See CVMC
~I 19.58.080;
~, F. Churches: See CVMC 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 mentally retarded of all ages),
psychiatric, etc.: See CVMC 19.58.110=
Further, approval shall not be granted until the following
findings can be made (homes for mentally retarded
children):
1. The size of the parcel to be used shall provide
;adequate light and air in proportion to the number of
'residents,
2. The location of windows and open play areas
ishall 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;
marvl Pace 65 04/14/2010~~^-'~~
EXHIBIT A
I. Mortuaries: See CVMC 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:
1. Airports and heliports: See CVMC 19.58.180,
2. Amusement parks and amusement enterprises:
,See CVMC 19.58.040,
3. Arenas: See CVMC 19.58.040,
4. Fairgrounds: See CVMC 19.58.040,
5. Museums,
6. Open air theaters, except drive-in theaters: See
CVMC 19.58.120(6),
7. Race tracks and rodeos: See CVMC 19.58.040,
8. Recreational centers, commercially operated:
See CVMC 19.58.040,
9. Stadiums,
10. Shooting clubs: See CVMC 19.58.290;
K. Golf courses: See CVMC 19.58.090;
L. Passenger stations for rail or bus travel;
M. Public and quasi-public uses;
N. Radio or television transmitters;
O. Trailers (commercial coaches): See CVMC
119.58.330;
P. Senior housing developments: See CVMC 19.58.390;
O. Recreational vehicle storage yards: See CVMC
19.58.400;
R. Off-site advertising signs: See CVMC 19.60.050(E);
S. Water distribution facilities: See CVMC 19.58.420;
T. Certified farmers' markets: See CVMC 19.58.148;
U. Ambulance services: See CVMC 19.58.245.
Conditional use permit applications for the uses listed in
Ithis section shall be considered and approved by the
following body or official The zoning administrator shall
approve all ambulance services~ses trailers (commercial
!.coaches) and certified farmers markets. Ts
^L.'^I^ Mnro•. •~ nr•a^ ^L. r^h^ ^n« o n-~.Ic~ onrl
nt..r M~+'I^rc !^nmmor^'ol n•-L.^c\ •n«^r l1~MrIL~Ainn
.The
!city council, subsequent to its receipt of recommendations
!thereon from the planning commission, or Chula vista
(,redevelopment corporation for projects located within a
!desicnated redevelopment groiect area, shall approve
!establishments or enterprises involving large assemblages
of people or automobiles (Item J), and public or quasi
public uses (Item M). The planning commission or Chula
'vista redevelopment corporation for projects located within
a designated redevelopment groiect area, shall approve all
.other conditional use permits for unclassified uses not
illlmentioned in this paragraph. °" ^«~-.n,~r ^^^'^cc,f,~°~ ~^«
^^«,^^^a ;^ «~,;^ ^^~. (Ord. 2958 § 1, 2004; Ord.
2921 § 2, 2003; Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989;
Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054 § 1,
'..1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697
I§ 1, 1976; Ord. 1626 §§ 1, 2, 1975; Ord. 1464 § 2, 1973;
Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2,
~~11970; Ord. 1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212
§ 1, 1969; prior code § 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,
additions or modifcations are made with respect
thereto. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969;
prior code § 33.535(6)).
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 prevail unless, in
the findings and conditions recited in the resolution
dealing with each matter, specific exceptions,
additions or modifications are made with respect
thereto. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969;
prior code § 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 requirements
are not enumerated in CVMC 19.62.010 through
19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 2,
1970; Ord. 1212 § 1, 1969; prior code § 3.535 (D)).
19.54.060 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses, as provided in CVMC 19.14.420 through
19.14.480. (Ord. 1281 § 2, 1970; Ord. 1212 § 1,
1969; prior code § 33.535(E)).
Chapter 19.58
USES
Sections:
-_ __
:19.58.010 Purpose of provisions.
19.58.020 Accessory buildings.
19.58.022 Accessory second dwelling units.
'19.58.024 Adult-oriented recreation businesses.
'19.58.030 Agricultural processing plants.
19.58.040 Amusement and entertainment facilities.
19.58.042 Carnivals and circuses.
19.58.050 Animal hospital, veterinarian facilities.
marvl Page 66 ~ A_~ 04/14/2010nal~ol~nv n
~~~~~
EXHIBIT A
',19.58.055
19.58.060
i 19.58.070
'.19.58.080
',19.58.090
',19.58.100
',19.58.110
'i 19.58.115
19.58.120
'.19.58.130
'.19.58.140
119.58.145
119.58.147
'.19.58.148
19.58.150
19.58.160
19.58.170
',19.58.175
j 19.58.178
19.58.180
',19.58.190
119.58.200
i 19.58.205
',19.58.210
119.58.220
~ 19.58.225
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.
Factory-built housing.
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.
Mixed 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-1 and R-3
19.58.010 Purpose of provisions.
The purpose of these special provisions is to
establish clear and definite terms and conditions
governing the development of certain uses,
possessing unique characteristics or problems, which
will eriable diverse uses to be accommodated
harmoniously within the City, and to provide uniform
standards and guidelines for such development. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(A)).
19.58.020 Accessory buildings.
A. An accessory building may be erected detached
from the principal building or, except when a stable,
may be erected as an integral part of the principal
building or it may be attached thereto by a breezeway
or similar structure.
B. Any accessory building attached to the main
building shall be made structurally a part of the main
building and shall comply in all respects with the
requirements of this title applicable to the main
building. Unless attached, an accessory building in an
R zone shall be at least six feet from any dwelling
existing or under construction on the same lot or any
adjacent lot. Except in the R-3-T zone, the following
shall apply:
1. No building may occupy any portion of a
required yard; except, that a detached garage or
carport, covered patio enclosed on not more than two
sides, or other accessory one-story building may
disregard any rear or side yard requirements if
located in the rear 30 percent of the lot, or back of the
front 70 feet of the lot;
2. An accessory building or covered patio
located 70 feet or less from the front property line
shall have the same side yard as that required for the
main building, regardless of whether said accessory
building is detached from the main building;
3. A covered patio, detached garage or
carport, or other accessory one-story building, may
cover an area not to exceed 30 percent, except as
allowed for parking structures in multiple-family zones
(see CVMC 19.28.100), of the area of any required
rear yard; except, that no accessory building in a rear
yard shall be required to have less than 400 square
feet;
4. A covered patio or detached accessory
building located in the rear 30 percent of the lot, or
back of the front 70 feet of the lot, shall be located
either on a property line or not less than three feet
from such line.
C. All accessory buildings shall be considered in
the calculation of lot coverage; garden shelters,
greenhouses, storage shelters and covered patios
shall be permitted as accessory buildings; provided,
that these uses are not equipped for use as living
quarters.
zones.
~ 19.58.245 Ambulance services.
i 19.58.260 Repair of vehicles.
19.58.270 Retail sales for guests only.
119.58.280 Service stations.
19.58.290 Shooting clubs.
19.58.310 Stables and corrals.
:19.58.320 Tract office, temporary.
'19.58.330 Trailers.
119.58.340 Recycling and solid waste storage.
19.58.345 Recycling collection centers.
~ 19.58.350 Commercially zoned double frontage lots.
119.58.360 Zoning wall or fence.
119.58.370 Outside sales and display -Permanent
and temporary.
119.58.380 Special events.
i 19.58.390 Senior housing development.
19.58.400 Recreational vehicle storage yards.
',19.58.410 Prohibition of flashing lights.
119.58.420 Water distribution facilities.
119.58.430 liquor Stores in the CN zone.
maryl Page 67
EXHIBIT A
D. Guest house accessory buildings shall not be
closer than 10 feet to the nearest point of the main
building. (Ord. 2145 § 2, 1986; Ord. 2124 § 7, 1985;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(1)).
ACCQSG WY Z~
Q.rail]ng.
~Prtmary 5046
Rmsldcnee OrWn,
Hoot Or
cx[Ifng
Exhlbtt B. 1 -`Attached"
they are located, and shall also be deemed consistent
with the General Plan and zoning designation of the
lot as provided. Accessory second dwelling units shall
not be considered a separate dwelling unit for the
purpose of subdividing the property into individual
condominium or lot ownership.
~B. For the purposes of this section, the following
wards are defined:
"Above' as used in this section means an
accessory second dwelling unit that is attached and
built over a primary residence including an attached
garage.
6 Ye
~' rw R~L; _. _ e
~ ~.e
Rear P I
bQ°.n B~ Prima ~--
~~~ ~ 1--
~a_ _t~
Pr'at>i P one ~ - f-
ssn~r
Exhlbit B. 2 - "EehJnd'
50`%~
Behi
Exhibit B. 3 •'Buiklable Pad
Area"
19.58.022 Accessory second dwelling units.
A. The purpose of this section is to provide
regulations for the establishment of accessory second
dwelling units in compliance with California
Government Code Section 65852.2. Said units may
be located in residential zone districts where
adequate public facilities and services are available,
and impacts upon the residential neighborhood
directly affected would be minimized. Accessory
second dwelling units are a potential source of
affordable housing and shall not be considered in any
calculation of allowable density of the lot upon which
"Accessory second dwelling units" are independent
living facilities of limited size that provide permanent
provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as asingle-family
dwelling according to the provisions of subsection (C)
of this section.
"Attached" means that 50 percent of the accessory
second dwelling unit's wall, floor or ceiling will be
shared with the primary residence on the property
(Exhibit 8.1).
"Basement" shall mean the same as defined in
CVMC 19.04.026.
"Behind" shall mean an accessory second dwelling
unit constructed either entirely between the rear of
the primary dwelling and the rear property line, or to
the side of the primary residence but set back from
the front plane of the primary residence at least 50
percent of the distance between the front and back
planes of the primary residence (Exhibit B.2).
"Buildable pad area" as used in this section means
the level finish grade of the lot not including slopes
greater than 50 percent grade (Exhibit 6.3).
EXHIBIT A
"Detached" means an accessory second unit
separated from the Primary residence as specifed in
subS2@€tr3rfil~5 3~j ~tWi3~~ti~lis section means
those enclose portions of the primary residence not
including the garage or other attached accessory
structures, such as covered but unenclosed patios,
balconies, etc.
"Primary residence' means the single-family
dwelling constructed on a lot as the main permitted
use by the zone on said parcel.
C. Accessory second dwelling units shall be
subject to the following requirements and
development standards:
1. Zones. Accessory second dwelling units
must accompany an existing primary residence on an
A, R-E, R-1, or PC zoned lot. However, construction
of the primary residence can be in conjunction with
the construction of an accessory second dwelling
unit. Where a guesthouse, or other similar accessory
living space exists, accessory second dwelling units
are not permitted. The conversion of a guest house or
other similar living areas into an accessory second
dwelling unit is permitted provided they meet the
intent and property development standards of this
section, and all other applicable CVMC requirements.
Accessory second dwelling units shall not be
permitted on lots within a planned unit development
(PUD), unless an amendment to the PUD is approved
and specific property development standards are
adopted for the construction of said dwelling units for
lots within the PUD. Accessory second dwelling units
are precluded from R-2 and R-3 zoned lots.
2. Unit Size. The maximum size of an
accessory dwelling unit on a given lot shall be
determined by either the buildable pad area of the lot,
or the size of the primary residence according to the
following table, so long as the combined living spaces
do not exceed the floor area ratio of the underlying
zone. The original buildable pad area of a lot may not
be increased by more than 20 percent through
regrading and/or the use of retaining walls or
structures.
Buildable Pad Maximum Gross Floor Area for
Area ASDUs
Less than 5,000 Not permitted
sq. ft.
5,000 - 9,999 sq. 650 sq. ft. or 50% of primary
ft. residence, whichever is less
10,000 sq. ft. or 750 sq. ft. or 50% of primary
greater residence, whichever is less
3. Structure Relationships. The relationship
of an accessory second dwelling unit to the primary
residence shall be determined by the size of the
buildable pad area as follows:
Buildable Pad
Area Location of Unit
Less than Not permitted
5,000 sq. ft.
5,000-6,999 Attached, above, or basement
sq. ft. (detached not permitted)
7,000 sq. ft. or Attached, above or basement; or
greater detached, behind and on the same
buildable pad.
4. Structure Height. When attached, above,
or in a basement of the primary residence, an
accessory second dwelling unit is subject to the same
height limitation as the primary residence. When
detached from the primary residence, an accessory
second dwelling unit is limited to a single story or 15
feet, whichever is less. Height of an accessory
second dwelling unit is measured according to the
underlying zone.
5. Development Standard Exceptions. The
accessory second dwelling units shall conform to the
underlying zoning and land use development
standard requirements in regards to the main or
primary residence setbacks with the following
exceptions:
a. All second floor units shall be
located a minimum of 10 feet from any interior side or
rear lot lines.
b. For lots with up-slopes between the
side or rear of the house and the interior side or rear
property line, required yard setbacks are measured
from the toe of slope.
c. For lots with down-slopes between
the side or rear of the house and the interior side or
rear property line, required yard setbacks shall be
measured from the top of slope.
d. A detached accessory second
dwelling unit shall be located a minimum of 12 feet
from a primary residence.
6. Lot Coverage. Accessory second dwelling
units and all other structures on the lot are limited to
the maximum lot coverage permitted according to the
underlying zone. A detached accessory second
dwelling unit and all other detached accessory
structures shall not occupy more than 30 percent of
the required rear yard.
7. Access and Parking. Accessory second
dwelling units and the primary residence shall adhere
to the following access and parking regulations:
marvl Pace 69
EXHIBIT A
a. Accessory second dwelling units
shall be provided with one standard-sized parking
space for studio, one-bedroom, or rivo-bedroom units;
or two standard-sized parking spaces for units with
three or more ~d~~g~gwred parking space(s) shall
be on the same lot as the accessory second dwelling
unit. This parking is in addition to the parking
requirements for the primary residence as specified in
CVMC 19.62.170.
c. If the addition of an accessory
second dwelling unit involves the conversion of an
existing garage used by the primary residence, a
replacement two-car garage, per CVMC 19.62.190,
shall be provided prior to or concurrently with the
conversion of the garage into the accessory second
dwelling unit. If the existing driveway is no longer
necessary for the access to the converted garage or
other required parking, the paving for said driveway
shall be removed and appropriate landscaping shall
be installed in its place.
d. The access to all required parking
shall be from a public street, alley or a recorded
access easement. Access from a designated utility
easement or similar condition shall not be permitted.
For any lot proposing an accessory second dwelling
unit and served by a panhandle or easement access,
the access must be a minimum 20 feet in width.
e. Curb cuts providing access from the
public right-of-way to oh-site parking spaces shall be
acceptable to the City Engineer. An encroachment
permit from the City Engineer shall be obtained for
any new or widened curb cuts.
f. The Zoning Administrator may
approve the use of an existing driveway and curb cut
if the primary residence driveway is 50 feet deep or
deeper as measured from the back of the public
sidewalk to the front of the primary structure, and
vehicular ingress and egress does not intertere with
the normal use of the driveway for access to the
primary residence's required parking.
g. Required parking spaces or
required maneuvering area shall be free of any utility
poles, support wires, guard rails, stand pipes or
meters, and be in compliance with CVMC 19.62.150.
h. Tandem parking may be allowed to
satisfy required parking for an accessory second
dwelling unit if it is consistent with all other
requirements of this section.
i. Parking screening consisting of a
decorative wall, fence, landscaping or other technique
satisfactory to the Zoning Administrator shall be
provided to screen the required parking spaces from
public view. If a gate is used to screen the required
parking space(s) from public view, an automatic
gate/door opener shall be provided and maintained
for the duration of the use. Parking shall not be
allowed in a location where an RV parking permit has
been issued for the storage of a recreational vehicle.
j. When a required parking space
abuts a fence or wall on either side, the space shall
be a minimum of 10 feet wide. If this area also serves
as the pedestrian access from an accessory second
dv~elling unit to the street, the paving shall be a
minimum 12 felt ~uif~uired parking space or garage
shall be kept clear for parking purposes only. This
requirement shall be included in the land use
agreement for the proposed accessory second
dwelling unit.
8. Existing Nonconforming Situations. For
the purpose of evaluating existing nonconforming
structures or uses for compliance with Chapter 19.64
CVMC, the addition of an accessory second dwelling
unit shall be considered an addition to the primary
residence. Required corrections of any
nonconforming situations shall occur prior to or
concurrent with the addition of the accessory second
dwelling unit. In the event that the primary residence
does not include atwo-car garage, plans and permits
for an accessory second dwelling unit shall include
the construction of a two-car garage for the primary
residence, per CVMC 19.62.170. The garage shall be
conveniently located to serve the primary residence.
9. Utilities. The accessory second dwelling
unit shall be served by the same water and sewer
lateral connections that serve the primary residence..
A separate electric meter and address may be
provided for the accessory second dwelling unit.
10. Waste and Recycling. In accordance
with Chapters 8.24 and 8.25 CVMC, the property
owner shall establish and maintain a single refuse
and recycling collection service account from the city
or its solid waste and recycling contractor for both the
primary residence and the accessory second dwelling
unit.
11. Design Standards. The lot shall retain a
single-family appearance by incorporating matching
architectural design, building materials and colors of
the primary dwelling with the proposed accessory
second dwelling unit, and any other accessory
structure built concurrently with the accessory second
dwelling unit. However, the primary residence may be
modifed to match the new accessory second dwelling
unit. Color photographs of the four sides of the
primary residence shall be submitted as part of the
accessory second dwelling unit building permit
application. The accessory second dwelling unit shall
be subject to the following development design
standards:
a. Matching architectural design
components shall be provided between the primary
residence, accessory second dwelling unit, and any
other accessory structures. These shall include, but
are not limited to:
i. Window and door type, style,
design and treatment;
EXHIBIT A
ii. Roof style, pitch, color,
material and texture iii. Roof overhang and fascia size
and width;
iv. Attic vents color and style;
v. Exterior finish colors, texture
and materials.
b. The main entrance to an attached
accessory second dwelling unit and, if applicable, a
stairway leading to the unit, shall not be located on
the same side of the building as the primary
residence's main entrance. For detached accessory
second dwelling units, the entrance for the unit shall
be strategically located to preserve the lot's single-
family character, and shall not be clearly visible from
the street serving as the main entrance to the primary
residence.
c. A useable rear yard open space of a
size at least equal to 50 percent of the required rear
yard area of the underlying zone shall be provided
contiguous to the primary residence. Access to this
open space shall be directly from a common floor
space area of the primary residence such as living or
dining roams, kitchens or hallways, and without
obstruction or narrow walkways.
d. A useable open space that has a
minimum dimension of six feet, and an area not less
than 60 square feet in area shall be provided
contiguous to an accessory second dwelling unit. A
balcony or deck may satisfy this requirement for
second story units.
e. A minimum three-foot-wide
pedestrian walk that connects the accessory second
dwelling unit with its required parking space and the
public sidewalk shall be provided. The pedestrian
walk shall be strategically located to provide the
shortest walking distance to parking or the street.
f. Windows on second story accessory
second dwelling units shall be staggered and oriented
away from adjacent residences closer than 10 feet.
The location and orientation of balconies or decks
shall also be oriented away from adjacent neighbors'
backyard and living space windows.
g. Trash and recycling containers must
be stored between pick-up dates in an on-site
location that is screened from public view and will not
compromise any required open space areas.
12. Designated Historical Sites. An
accessory second dwelling unit may be allowed on
designated or historical sites provided the location
and design of the accessory second dwelling unit
meets corresponding historical preservation
requirements in place at the time the accessory
second dwelling unit is built, and complies with the
requirements of this section including the following:
a. Regardless of the lot size that
qualifies the property for an accessory second
dwelling unit, the accessory second dwelling unit shall
be detached and located behind the primary
residence or historic structure.
b. The construction of the accessory
second dwelling unit shall not result in the removal of
any other historically significant accessory structure,
such as garages, outbuildings, stables or other similar
structures.
c. The accessory second dwelling unit
shall be designed in substantially the same
architectural style and finished materials composition
as the primary residence or historic structure.
d. Construction of an accessory
second dwelling unit shall not result in demolition,
alteration or movement of the primary
residence/historic house and any other on-site
features that convey the historic signifcance of the
house and site.
e. If the historic house/site is under a
Mills Act contract with the City, the contract shall be
amended to authorize the introduction of the
accessory second dwelling unit on the site.
13. Inspections. The addition of an
accessory second dwelling unit to a property shall
include two site inspections at the following times:
a. Prior to the approval of the building
permit, the Planning Division staff shall conduct a
field inspection to verify the drawings submitted for
the permit are accurate with regard to grading, on-site
building location, primary residence design color and
materials composition, location of adjacent structures,
etc. Any discrepancies on the drawings must be
corrected so that the subject property and resulting
structures are in compliance with this section and
other related sections of the CVMC.
b. Prior to or concurrent with the final
inspection of the new accessory second dwelling unit
and the issuance of an occupancy permit by the
Building Official, Planning Division staff shall conduct
an inspection of the lot to verify that the accessory
second dwelling unit has been constructed and the lot
has been improved per the approved plans, and that
the required land use agreement outlining the
accessory second dwelling unit requirements has
been filed and recorded and complied with prior to
occupancy.
14. Occupancy Requirement. At the time a
building permit is issued and continuously thereafter,
the owner of the property shall reside on the lot on
which the accessory second dwelling unit is located
or constructed. The Zoning Administrator shall have
the authority to suspend this occupancy requirement
for a period not to exceed five years when evidence
has been submitted that one of the following
situations exists:
a. The property owners' health
requires them to temporarily live in an assisted living
or nursing facility.
marvl Paoe 71 04/14/201093°~>~~
EXHIBIT A
b. The property owner is required to
live outside the San Diego region as a condition of
employment. c. The property owner is required to
live elsewhere to care for an immediate family
member.
d. The current property owner has
received the property as the result of the settlement
of an estate.
15. Land Use Agreement. Concurrent with
the issuance of building permits for the construction
of an accessory second dwelling unit, the property
owner shall sign a land use agreement prepared by
the City which sets forth the occupancy and use
limitations prescribed in this section. This agreement
will be recorded by the City Clerk with the County of
San Diego Recorder on title to the subject property.
This agreement shall run with the land, and inure to
the benefit of the City of Chula Vista.
D. Annual Report. An annual report outlining the
number of accessory second dwelling units, their
size, number of bedrooms and number of parking
spaces provided shall be prepared by the Zoning
Administrator and presented to the Planning
Commission in January of every year for the purpose
of monitoring the construction of accessory second
dwelling units. The Planning Commission may
recommend to the City Council changes to this
section based on their evaluation of the annual report.
(Ord. 3074 § 1, 2007; Ord. 2957 § 1, 2004; Ord. 2951
§ 1, 2004; Ord. 2897 § 6, 2003).
19.58.024 Adult-oriented recreation businesses.
A. The following described businesses are deemed
to be adult-oriented recreation businesses, and shall
only be permitted in the C-T zone:
1. Adult bookstores;
2. Adult motion picture theaters;
3. Adult mini-motion picture theaters;
4. Cabarets;
5. Coin-operated adult entertainment
facilities;
6. Massage parlors;
7. Body painting studios;
8. Dancehalls;
9. Model studios;
10. Sexual encounter studios and rap
parlors;
11. Narcotic or drug paraphernalia shops.
B. Location Requirements. An adult.-oriented
recreation business shall only be located in the C-T
zone, and no such business shall be located within
500 feet of residentially zoned territory, which is
located upon the same street or streets, or is within
500 feet of residentially zoned or residentially used
properties as measured along street rights-of-way
from the proposed location to the boundary line of
said residentially zoned or used properties, or is
located within 500 feet measured radially of any
building site containing a school, park, church or
playground. Furthermore, no adult-oriented recreation
business shall be located within 1,000 feet of another
adult-oriented recreation business.
~C. Specifc Standards -View of Interior from Public
Way. All building openings, entries and windows from
adult entertainment establishments shall be located,
covered or screened in such a manner as to prevent
a view into the interior from any public or semipublic
area, including public sidewalks, streets, arcades,
hallways or passageways, of any material which has
as its primary or dominant theme matter depicting,
illustrating, describing or relating to specifed sexual
activities or specifed anatomical areas, or of drug
paraphernalia, as defined in this title. Further, such
businesses may not have signs, graphics, or window
displays which in any way present, depict, illustrate or
describe any such material. (Ord. 1954 § 1, 1981;
Ord. 1855 § 1, 1979).
19.58.030 Agricultural processing plants.
Agricultural processing plants in an A zone, which
process agricultural products produced on the
premises or within a contiguous agricultural area,
shall be so located as to provide convenient trucking
access with a minimum of interference to normal
traffic and shall provide parking and loading spaces.
Proponents shall show that adequate measures shall
be taken to control odor, dust, noise and waste
disposal so as not to constitute a nuisance, and shall
show that the proposed source of water will not
deprive others of normal supply. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(2)).
19.58.040 Amusement and entertainment
facilities.
Amusement and entertainment facilities such as
bowling alleys, dancehalls, amusement parks and
other similar recreational facilities shall be subject to
the following development standards:
A. All structures shall maintain a minimum setback
of 20 feet from any residential zone.
B. Ingress and egress from the site shall be
designed so as to minimize traffic congestion and
hazards.
C. Adequate controls or measures shall be taken
to prevent offensive noise and vibration from any
indoor or outdoor activity onto adjacent properties or
uses.
D. Amusement arcades or centers shall also be
subject to the following:
1. Game play (except mechanical rides) by
minors is prohibited during normal school hours, 7:30
a.m. and 3:00 p.m.,* and between the hours of 10:00
marvl Paee 72 ~ Q-1 f19 04/14/2010nni~~r~m n
~~=ono
EXHIBIT A
p.m. and 6:00 a.m. prior to a school day, except when
accompanied by an adult 21 years of age or older;
2. There shall be adult supervision (persons
18 years of age or older) at all times;
3. A bicycle rack for at least 10 bicycles shall
be provided at or near the main entrance into the
establishment;
4. No alcoholic beverages shall be sold or
consumed on the premises, except in those instances
where a restaurant in conjunction with said use has
been approved through the conditional use permit
process;
5. At least one public restroom shall be
provided on the premises; and
6. The license for the game(s) shall be
displayed on the premises.
The planning commission has the right to impose
additional standards or waive any of the above
standards on the finding that said standards are or
are not necessary to protect the public health, safety
and general welfare.
All existing establishments with four or more
amusement games which are operating without a
conditional use permit must apply for such within 120
days from the adoption of this provision. The
application will be processed by the zoning
administrator.
E. Amusement games as accessory uses (fewer
than four game machines) shall be subject to the
following:
1. Except for mechanical rides, all
amusement games shall be located within the
establishment;
2. Adult supervisicn (persons 18 years of
age or older) shall be provided at all times;
3. Game play (except mechanical rides) by
minors is prohibited during normal school hours, 7:30
a. m. and 3:00 p.m.,` and between the hours of 10:00
p.m. and 6:00 a.m. priorto a school day, except when
accompanied by an adult 21 years of age or older;
4. Game play by minors is prohibited in
liquor stores;
5. A zoning permit shall be obtained from the
planning department and a business license issued
by the finance department prior to the installation of
any amusement game; and
6. The license for the game(s) shall be
displayed on the premises.
The zoning administrator may modify or waive any
of the above regulations upon a determination that
the provision is being satisfied by another acceptable
means.
Any violation of the above regulations which has
been substantial shall be sufficient grounds far the
zoning administrator to revoke the zoning permit and
removal of the games from the premises. (Ord. 2053
§ 1, 1983; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33901(B)(3)).
Note: Game play during normal school hours will
be allowed if verification of holiday oryear-around
school schedule is presented to the operator.
19.58.042 Carnivals and circuses.
Carnivals and circuses shall be subject to the
following development standards:
A. Carnivals shall be restricted to locations where
the ingress and egress from the site shall be
designed so as to minimize traffc congestion and
hazards and provide adequate parking.
B. Adequate controls or measures shall be taken to
prevent offensive noise, vibration, dust and glare from
any indoor or outdoor activity onto adjacent property
or uses.
C. The time of operation and the duration shall be
limited by consideration of the impacts on the
surrounding uses or the community as a whole. The
frequency of operation at a particular location shall be
a consideration in determining whether or not to grant
the permit. Carnivals and circuses shall have
adequate insurance, pursuant to city council policy, to
indemnify the city from liability. A business license
shall be required.
D. The site shall be cleared of weeds and
obstructions. Fire regulations shall be met as
established by the fire marshal including inspection
prior to opening. Security guards as required by the
police department shall be provided. Uniformed
parking attendants are to be determined by the traffic
engineer. The number of sanitary facilities shall be as
determined by the department of planning and
building. All electrical installations shall be inspected
and approved by the department of planning and
building.
E. The zoning administrator has the right to impose
additional standards or waive any of the above
standards on the Ending that said standards are or
are not necessary to protect the public health, safety
and general welfare.
F. A bond shall be posted to cover any work and
compliance with conditions to be done once the
carnival is over. Any violation of the above regulations
which has been substantial shall be sufficient grounds
for the zoning administrator to revoke the conditional
use permit and require removal of the circus or
carnival from the property. (Ord. 2790, 1999; Ord.
2074 § 4, 1984).
19.58.050 Animal hospital, veterinarian facilities.
Animal hospital and veterinarian facilities shall be
located no closer than 100 feet to any residential
zone, or restaurant, hotel or motel in any zone, and
shall show that adequate measures and controls shall
be taken to prevent offensive noise and odor before a
zoning permit is granted (see CVMC 19.66.080
through 19.66.150). No incineration of refuse or
animal carcasses shall be permitted on the premises.
04/14/2010' "~
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(4)).
19.58.055 Auctions of vehicles, heavy machinery
and equipment.
A. Subject use shall only be allowed by the
issuance of a conditional use permit by the planning
commission in the I-P (general industrial -precise
plan) zone.
B. The applicant shall list specific items proposed
to be auctioned. Said items shall meet the categories
"vehicle, heavy machinery and equipment." The
conditional use permit, if issued, shall clearly specify
the types of items authorized for auctioning as
determined by the issuing authority (the planning
commission, or city council if appealed).
C. Auctions shall be limited to one per week with a
minimum of one week between auctions.
D. Auctions shall only be held between the hours
of 8:00 a.m. and 5:00 p.m.
E. All areas shall be properly paved, striped and
improved to city standards, and screened to the
satisfaction of the city engineer and the director of
planning.
F. Outdoor loudspeakers shall be prohibited unless
a noise study conducted by a certified acoustician
determines that the proposal can meet the city's
noise standards.
G. The on-site repair or dismantling of automobiles
or equipment by purchasers is prohibited. (Ord. 2584
§ 5, 1994).
19.58.060 Automobile car wash facilities.
A. All equipment used for the facility shall be
soundproofed so that any noise emanating therefrom,
as measured from any point on adjacent property,
shall be no more audible than the noise emanating
from the normal street traffic at a comparable
distance.
B. Hours of operation shall be from 7:00 a.m. to
11:00 p.m., unless specifically approved by the
planning commission.
C. Vacuuming facilities shall be located to
discourage the stacking of vehicles entering the car
wash area and causing traffic congestion adjacent to
any areas used for ingress or egress.
D. The car wash location, technology and related
drainage facilities shall be designed and constructed
so as to prevent damage to pavement or other
infrastructure from water from the car wash operation
being carried off-site, to provide a means to collect
and retain potentially toxic material, and to use
recycled water to the extent possible. (Ord. 2491 § 3,
1992; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(6)(5)).
Automobile sales facilities, new and used, shall
provide customer off-street parking equal to one-tenth
of the car storage capacity of the facility, with ingress
and egress designed to minimize traffc congestion,
aRd shall provide asix-foot-high masonry wall
separating the entire area from abutting residential
property, except as provided under CVMC 19.58.055
for auctions. Said wall may be replaced with a fence
subject to department approval. (Ord. 2584 § 6, 1994;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
b 33.901(6)(6)).
19.58.080 Cemetery, crematory, mausoleum, or
columbarium.
Cemeteries, crematories, mausoleums, or
columbariums shall provide entrance on a major or
secondary thoroughfare with ingress and egress so
designed as to minimize traffic congestion, and shall
provide a minimum six-foot-high evergreen hedge or
provide a minimum of 20 feet of permanently
maintained landscaped strip on all property lines
abutting any R zone or residential street. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(7)).
19.58.090 Club, country -Golf course.
Country club and golf course regulations are as
follows:
A. No building shall be located within 20 feet of any
property line.
B. Facilities, such as restaurants and bars, may be
permitted when conducted and entered from within
the building.
C. Swimming pools, tennis courts, and the like
shall be located not less than 25 feet from any
property line, and when adjoining property in an R or
C zone, shall be effectively landscaped, subject to the
approval of the director of planning and building.
(Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.901(6)(8)).
19.58.100 Club, community building, social hall,
lodge and fraternal organization.
For clubs, community buildings, social halls, lodges
and fraternal organizations in R zones, the following
provisions apply:
A. All buildings must be a minimum of 10 feet from
the side lot lines, and 25 feet from the rear lot line.
B. There shall be no external evidence of any
incidental commercial activities nor any access to any
space used for such activity other than from within the
building.
C. Any such use must be able to provide access
without causing heavy traffic on local residential
streets. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(6)(9)).
19.58.070 Automobile sales facilities.
marvl Pace 74 ~ 0-1 f14 04/14/2010o~f29~>_n-'~^
EXHIBIT A
19.58.110 Church, hospital, convalescent
hoS~p(t~t{ f~l~fi~Ju~gFfl$~erk&~~f~ili~~hor
other religious or eleemosynary institution in any R
zone shall be located on collector street or
thoroughfare with a minimum parcel of one acre; shall
maintain a 10-foot-wide minimum landscaped strip or
solid six-foot fence or masonry wall on all property i
lines abutting said R zone; except, that said fence or
wall may be reduced to three and one-half feet in a
landscaped front setback area not containing parking
facilities; and shall have side yard and rear yard
setbacks of at least 20 feet and a front yard setback
of at least 20 feet. These shall be considered
guidelines rather than standards in the case of
churches.
B. The provision of temporary shelter for the I
homeless in accordance with the following standards
and requirements is considered accessory to church
use subject to compliance with the following
standards:
1. A shelter may accommodate a maximum
of 12 guests for iwo weeks per year. Two additional
nonconsecutive two-week periods may be authorized
by the zoning administrator provided no opposition
has been expressed by surrounding property owners
or residents; otherwise the city council shall have the
authority to grant such extensions.
2. The guests shall be prescreened by a
recognized social service agency to determine
resident suitability. Active alcohol or drug abusers as
well as those with criminal convictions of a felony or
any crime of violence or significant mental illness
shall be excluded from the program. Supervision shall
be provided at all times both on-site and during
arrivals and departures from the shelter.
3. A floor plan and set-up of the space to be
occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be
conducted by the city in order to determine
compliance with applicable building, health, safety
and fire regulations.
4. A church which is providing shelter for the
first time, or which has not provided shelter in the last
18 months, shall provide the city with certification that
written notice of the proposal has been given to
properties within 300 feet of the shelter site. The host
congregation is encouraged to hold a neighborhood
meeting to inform residents of the proposal and
answer questions well before the commencement
date.
5. The shelter may be subject to closure for
the violation of the standards or determination by the
zoning administrator that the shelter guests have
been the negligent or intentional cause of one or
more neighborhood disturbances.
6. Shelter proposals beyond the limit noted
in subsection (B)(1) of this section, including
marvl Page 75
extensions, are considered conditional uses and may
only be permitted by issuance of a conditional use
permit. (Ord. 2485 § 1, 1991; Ord. 2290 § 1, 1989;
Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(10)).
19.58.115 Dance floors.
Dance floors in conjunction with restaurants, bars,
cocktail lounges or night clubs shall be subject to the
following standards:
A. Any structure containing a dance floor shall
maintain a minimum setback of 20 feet from any
residential zone;
B. Ingress and egress from the site shall be
designed so as to minimize traffic congestion and
hazards;
C. Adequate controls or measures shall be taken
to prevent offensive noise and vibration from within
the establishment adversely affecting adjacent
properties or uses;
D. Parking requirements, as established in CVMC
19.62.050.
The zoning administrator may modify or waive any
of the above regulations upon a determination that
the provision is being satisfied by another acceptable
means. The zoning administrator may require
additional conditions of approval based on an
analysis of the site.
Any violation of the above regulations or other
conditions attached to the permit shall be sufficient
grounds for the city council to suspend or revoke the
dance floor license pursuant to CVMC 5.26.120. (Ord.
2273 § 8, 1988).
19.58.120 Drive-in establishments.
A. Drive-in establishments, except theaters, shall
be permitted only where:
1. They are clearly required by public
convenience and necessity;
2. They do not break up continuity of retail
store frontage for pedestrians;
3. They will not cause traffic hazards or
undue traffic congestion;
4. An enclosed area with containers is
provided for waste and trash;
5. They will not be a nuisance to residences
or other surrounding uses.
B. Theaters shall be located only on major or
secondary thoroughfares; shall provide ingress and
egress so designed as to minimize traffic congestion;
shall be located not less than 200 feet from any R
zone, and so screened from such district that any
noise shall not disturb residents or prospective
residents; and shall maintain lighted signs and other
lights only in such a way as not to disturb neighboring
residents. Any projection screen image shall be so
located or screened as not to be easily visible from
04/14/2010o~~c r~o
EXHIBIT A
any major or secondary thoroughfare. (Ord. 1356 § 1
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(11)).
19.58.130 Dwelling groups.
A dwelling group as defined in CVMC 19.04.076
may be permitted; provided, that all of the following
conditions and requirements are met:
A. The area of the lot devoted to each structure
used for dwelling purposes shall be equal to the
minimum lot size of the underlying zone exclusive of
the access road and guest parking areas.
B. Each dwelling shall be connected to a gravity
sewer or any other means approved by the city
engineer.
C. All on-site utilities shall be undergrounded.
D. No garage conversions shall be permitted.
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 number
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
f re 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 fve 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 consider
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
roadway and from any setback line set forth in this
section. Any garage facing the access roadway shall
be a minimum of 22 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 dwellings
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 provision
shall be subject to the regulations and requirements
of this title except as otherwise regulated in this
seption.
~N. The development shall be subject to site plan
and architectural approval of the director of planning.
O. The types of dwelling structures permitted under
this provision shall be limited to those listed under the
permitted uses of the underlying zone. (Ord. 1874
§ 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(13)(12)).
19.58.140 Electric substations.
Electric substations, when located in A, R, C-O, C-
V and C-N zones, shall conform to the following
requirements:
A. All buildings and equipment shall be required to
observe the same yards applicable to buildings in
each specifc zone.
B. The property shall be surrounded by a solid
masonry wall, or chain-link fence subject to staff
approval, not less than six feet in height, with locked
gates at all points of access. Facilities may also be
housed inside an approved structure. The wall or
fence may be waived by the planning commission if
they find there would be no detrimental effect on the
adjacent areas by elimination of this requirement.
C. The wall or fence shall be set back not Tess than
20 feet from principal street frontage and the space
between said wall and street lot line provided with
permanent landscaping and adequate sprinklers or
appropriate automatic irrigation devices. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(13)).
19.58.145 Factory-built housing.
"Factory-built housing" means any housing unit
prefabricated or constructed off-site of the building
site in modular increments of whatever nature in
accordance with the standards established by state
and local government. In accordance with the
provisions of this title, such units, subject to any
architectural 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 § 2, 1981).
marvl Paee 76 1 0-1 06 04/14/2010o~~3T~2m~
EXHIBIT A
',19.58.147 Family day care homes, large.
A large family day care home shall be allowed in the R-E
'.and R-1 zones, and within the P-C designated R-E and R-
',Szones, upon the issuance of a large family day care
I permit by the zoning administrator and in compliance with
~Ithe following standards:
A. Notice shall be given to properties within 500 feet of
the proposed large family day care home at least 10 days
.prior to consideration of the permit.
B. The permit shall be considered without public hearing
unless a hearing is requested by the applicant or other
'affected party by the hearing deadline date. The applicant
'or other affected party may appeal the zoning
administrator's decision to the city councilplanninc}
'seramissia~.
C. The family day care function shall be incidental to the
,residential use of the property.
D. A large family day care home shall not locate within:
1. Three hundred (300) feet of another such
'facility with said measurement being defined as the
',shortest distance between the property lines of any such
,facilities; and
2. One thousand two hundred (1,200) feet of
another such facility along the same street with said
measurements being defined as the shortest distance
,between front property lines, as measured along the same
',street, of any such facilities.
E. The owner must provide adouble-wide driveway
'which shall be paved to meet city standards and be a
'minimum of 16 feet wide and 19 feet in depth as measured
(from the edge of sidewalk to any vertical obstruction. The
'driveway shall be available during all hours of operation for
'the loading and unloading of children. If a garage exists on-
site, it must be utilized for parking of personal vehicle(s). In
,the event that less than atwo-car garage exists on-site, the
',owner must designate an area on-site other than on the
'driveway so that a total of two personal vehicles can be
'parked on-site, including the garage. Notwithstanding the
~Iforegoing, the applicant must comply with all other
imunicipal code provisions as to parking and traffic.
F. If, in the opinion of the zoning administrator, there is a
L~potential for significant traffic problems, the zoning
',administrator shall request review of the application by the
'~ city traffic engineer. The city traffic engineer may impose
'accessory requirements for the day care permit in these
instances to insure maintenance of traffc safety levels
:.within the vicinity of the home.
G. Adequate outdoor play space shall be required and
determined on a case-by-case basis. Outdoor play activity
shall not be allowed in the front or exterior side yard of the
'',home.
' H. Play areas shall be designed and located to reduce
the impact of noise on surrounding properties.
' I. A business license will be obtained concurrently with
Iahe use permit.
J. At the city's discretion, an annual review of the permit
,may be done to determine compliance with state and city
',requirements and the permit's conditions of approval. (Ord.
'2793 § 1, 1999; Ord. 2717 § 1, 1998; Ord. 2269 § 2, 1988;
',Ord. 2123 § 1, 1985; Ord. 2111 § 8, 1985).
19.58.148 Certified farmers' markets.
°Certified farmers' market" means a retail sales
operation, generally outdoors, selling predominantly fresh
produce~and/or flowers which is subject to the certification
regulations of the State of California Department of
Agriculture, Weights and Measures, and the county of San
Diego's Department of Environmental Health.
A certified farmers' market shall operate under the
following rules:
A. Operational Requirements.
1. A farmers' market shall operate no more than
,once a week, with the day and hours of operation
'established by the conditional use permit.
2. The sales area shall maintain a 25-foot setback
,from the street.
3. The market shall be located on a paved
surface, except for areas used far animal rides.
4. The sales area shall be kept in a neat and well-
. kept manner at all times.
B. Signs. The operator of a farmers' market shall obtain
.approval of a planned sign program for all signs. The
development and approval of the planned sign program
shall comply with the provisions of CVMC 19.60.050 and
the following:
', 1. Temporary signs, whether a part of or not a part
of the planned sign program, identifying the farmers'
.market and hours thereof may only be displayed during the
event, and not more than four hours before and one hour
after said event.
2. Pennants may be used only for safety and
'precautionary purposes.
3. Price signs may be used only when of a size
and location as to benefit the pedestrian shopper and not
'passing vehicles.
C. Required Conditions. The conditional use permit shall
'include requirements or standards for the following:
1. Live animals, live entertainment or rides if any
Lore proposed.
2. On-and off-site security and traffic controls.
I 3. Emergency access provisions.
4. Restrooms.
S. Waste management and recycling.
6. The initial term of a certified farmers' market
use permit shall be for a period not to exceed one year.
eea~a~iss+en
D. Parking. A certified farmers' market shall provide
.customer parking at a ratio of one space per 200 square
'.feet of the maximum shopping area proposed. The term
"shopping area' includes the area occupied by produce
,stands, vendor storage, walkways and aisles. If adequate
.parking is not available on-site, the operator shall provide
'off-site parking within 300 feet of the market area as
marvl Page 77 , n ~ n, 04/14/2010 ~,~~~
EXHIBIT A
measured along permanently available pedestrian routes.
LSaid off-site parking shall be clearly identified as parking
for the farmers' market, including signs at the market
'.directing patrons to the off-site parking location.
E. If a certified farmers' market is located in a residential
',zone, it must be on property used primarily for public or
,quasi-public uses.
F. Any other conditions of approval set forth in the
,conditional use permit. (Ord. 2958 § 2, 2004).
.,19.58.150 Fences and ;walls and-hedges.
A fence or, wall er-hedge subject to the provisions of
CVMC 12.12.120 and 12.12.130, not more than three and
one-half feet in height, may be maintained and located on
any part of a lot. Those in excess of three and one-half feet
may be located as follows:
I A. A fence or- wall ^• "~~'^°-not more than six feet in
~, height may be maintained and located on any part of an
interior or corner lot, to the rear of the required front and
,exterior side yard setbacks.
B. In any residential zone, a fence or, walhr--hedge, not
more than six feet in height, may be maintained and
located within a required exterior side yard subject to
.approval of the zoning administrator, who shall consider
adjacent driveways, traffic hazards and topographic
.differences. A masonry wall shall consist of decorative
',features and a fence shall be interspersed with masonry
pilasters, a maximum of 15 feet apart to insure a pleasing
and aesthetic effect to the adjacent areas. Landscaping
shall be required between the wall or, fence, " and
the sidewalk if said wall or-fence ^'~~'^° is not located at
the edge of a sidewalk.
C. Portions of fences or walls over six feet in height, to
'',enclose tennis courts or other game areas, and located
'where six-foot fences are otherwise permitted, shall be
.composed of wire mesh capable of admitting at least 90
,percent of available light as measured on a light meter.
Such fences over six feet in height may be permitted
'subject to approval of the zoning administrator based on a
'..finding that such fences will not constitute a nuisance to
abutting property.
D. In any commercial or industrial zone, fences or, walls
'er-hedges may be allowed or required to a maximum
height of nine feet if it is determined by the zoning
administrator that said increase in height is necessary to
protect the public health, safety or general welfare and
would have no detrimental effect upon the surrounding
'.neighborhood. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
'.prior code § 33.901(6)(14)).
19.58.160 Fertilizer plants and yards.
Fertilizer plants and yards shall be no closer than
200 feet to any residential district; shall provide
automobile parking and truck loading areas, together
with ingress and egress so designed as to minimize
traffic hazard and congestion; and shall show that
odor, dust, noise and drainage will not constitute a
nuisance to surrounding properties. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(15)).
19.58.170 Golf driving ranges.
,Golf driving ranges shall be located only on major
or secondary thoroughfares except when incidental to
a golf course. Floodlights used to illuminate the
premises shall be so directed and shielded as not to
be an annoyance to any developed residential
property. The golf driving platform shall be not less
than 200 feet from any adjacent R zone. The driving
area shall be planted with grass, equipped with a
sprinkler system, and maintained in good condition at
all times. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(6)(16)).
19.58.175 Hay and feed stores.
Retail hay and feed stores in A-agricultural zone
shall conform to the following:
A. Whenever a hay and feed store is located within
100 feet of any residence not on the same lot as the
store, storage of hay and feed shall be totally
enclosed within the building(s) and properly
ventilated.
B. Storage of readily combustible materials which
exceed a volume of 2,500 cubic feet shall be
permitted only upon approval by the fire marshal.
C. At the time of f ling an application for a
conditional use permit, the applicant shall show that
odor and dust will not constitute a nuisance or hazard
to adjoining properties or uses. (Ord. 1604 § 2, 1975;
prior code § 33.901(8)(16.1)).
19.58.178 Hazardous waste facilities.
A hazardous waste facility as defined in CVMC
19.04.107 may be considered for permitting only
within an industrial zone which is also located within a
general area identified in Section 5.5 of the public
facilities element of the general plan as an area
appropriate for the acceptance and consideration of
an application for such a facility. A hazardous waste
facility may be allowed within a location as indicated
above upon the issuance of a conditional use permit,
subject to the following standards and guidelines:
A. Purpose and Intent. It is the intent of this section
to establish and clarify local requirements and
procedures for the review and approval of conditional
use permit applications for a hazardous waste facility,
consistent with the provisions of Section 25199, et
seq., of the California Health and Safety Code
(Tanner Act), and with the objectives, policies, and
criteria of the public facilities element of the general
plan regarding hazardous waste management
planning, and the siting and permitting of hazardous
waste facilities.
B. Applicability. Any conditional use permit granted
for a hazardous waste facility pursuant to CVMC
marvl Page 78 1 Q_j Qg 04/14/2010~',T 7~~~
EXHIBIT A
19.14.060 through 19.14.130 shall comply with the
applicable provisions of this section which are
supplementary to, and in the event of conflict shall
supersede, the regulations set forth in CVMC
19.14.070 through 19.14.130. Subsections (D), (E),
(F), (G), (H), (I), (J), and (K) of this section shall apply
to all hazardous waste facilities as defined in CVMC
19.04.107, and as herein defined.
C. Definitions.
1. "Hazardous waste" shall mean a waste, or
combination of wastes, which because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may either:
a. Cause or significantly contribute to
an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness.
b. Pose a substantial present or
potential hazard to human health or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
In addition, "hazardous waste' shall include
the following:
a. Any waste identified as a hazardous
waste by the State Department of Toxic Substances
Control.
b. Any waste identified as a hazardous
waste under the Resource Conservation Recovery
Act, as amended, 42 USC Section 6901, et seq., and
any regulations promulgated thereunder.
c. Extremely or acutely hazardous
waste, which includes any hazardous waste or
mixture of hazardous wastes which, if human
exposure should occur, may likely result in death,
disabling personal injury or serious illness caused by
the hazardous waste or mixture of hazardous wastes
because of its quantity, concentration, or chemical
characteristics.
2. "Hazardous waste facility' means any
facility used for the storage, transfer, treatment,
recycling, and/or disposal of hazardous wastes or
associated residuals as defned in CVMC 19.04.107.
3. "Land use decision" shall mean a
discretionary decision of the city concerning a
hazardous waste facility project, including the
issuance of a land use permit or a conditional use
permit, the granting of a variance, the subdivision of
property, or the modification of existing property lines
pursuant to Title 7 (commencing with Section 65000)
of the California Government Code.
D. Notice of Intent To Apply -Application for a
Land Use Decision -Completeness of Application.
1. Pursuant to the provisions of State Health
and Safety Code Section 25199.7(a) and (b), at least
90 days before filing an application for a conditional
use permit for a hazardous waste facility, the
applicant shall file with the planning department and
with the Office of Permit Assistance in the State
Office of Planning and Research a notice of intent
(NOI) to make the application. The NOI shall be on
such form as approved by the director of planning,
and shall specify the project location to which it
applies, and contain a complete description of the
nature, function, and scope of the project.
2. The planning department shall provide
public notice of the applicant's intent to apply for a
conditional use permit, pursuant to the noticing
procedure in CVMC 19.12.070, and by posting
notices in the location where the proposed project is
located.
3. Costs incurred by the city in processing
said public notice shall be paid by the project
proponent through establishment of a deposit account
for such purposes with the planning department at the
time the NOI is filed.
4. The NOI shall remain in effect for one
year from the date it is filed, unless it is withdrawn by
the proponent. However, a NOI is not transferable to
a location other than that specified in the NOI, and in
such instance the proponent proposes to change the
project location, a new NOI shall be prepared, and
the procedure shall begin again for the new location.
5. Within 30 days of the filing of the NOI, the
applicant shall schedule a preapplication conference
with the planning department to be held not later than
45 days thereafter, at which time the applicant and
the planning department shall discuss information
and materials necessary to evaluate the application.
Within 30 days after this meeting, the director of
planning shall inform the applicant, in writing, of all
submittals necessary in order to deem the conditional
use permit application complete.
6. The applicant may not file an application
for a conditional use permit unless the applicant has
first complied with the above items, and presented
the required application fee. Furthermore, said
application shall not be considered and acted upon
until it is deemed complete as provided by CVMC
19.14.070, and until all materials necessary to
evaluate the application as set forth by the director of
planning pursuant to subsection (D)(5) of this section
have been received and accepted as to content.
7. An application is not deemed to be
complete until the planning department notifies the
applicant, in writing, that the application is complete.
Said notifcation of completeness, or incompleteness,
shall be provided within 30 days of the application
submittal, or resubmittal, as applicable. After an
application is determined to be complete, the
planning department may request additional
information where necessary to clarify, modify, or
supplement previously submitted materials, or where
resulting from conditions which were not known, and
could not reasonably have been known, at the time
the application was received.
8. The planning department shall notify the
Office of Permit Assistance in the State Office of
Planning and Research within 10 days after an
maryl Paee 79 04/14/2010!!-~z~~
EXHIBIT A
application for a conditional use permit is accepted as
complete by the planning department.
E. Preapplication Public Meeting.
1. Within 90 days after a NOI is filed with the
planning department and Office of Permit Assistance
in the State Office of Planning and Research
pursuant to subsection (D)(1) of this section, the
Office of Permit Assistance will, in cooperation with
the planning department, convene a public meeting
("preapplication meeting") in the city of Chula Vista for
the express purpose of informing the public on the
nature, function, and scope of the proposed project
and the procedures that are required for approving
applications for the project.
2. The city shall arrange a meeting location
in a public facility near the proposed project site, and
shall give notice of said meeting pursuant to the
noticing procedures in CVMC 19.12.070 and by
posting at the proposed project site.
3. All affected agencies, including, but not
limited to, the State Department of Health Services/
Toxic Substance Control Program, regional water
quality control board, county department of health
services -hazardous materials management division,
and the air pollution control district, shall send a
representative who will explain to the public their
agency's procedures for approving permit
applications for the project, and outline the public's
opportunities for review and comment on those
applications.
F. Local Assessment Committee -Formation and
Role.
1. At any time after filing of the NOI, but not
later than 30 days after an application for a land use
decision has been accepted as complete, the city
council shall appoint a seven member local
assessment committee (LAC) to advise the city in
considering the hazardous waste facility proposal.
2. The membership of the LAC shall be
broadly constituted to reflect the makeup of the city,
and shall include three representatives of the city at
large, two representatives of environmental or public
interest groups, and two representatives of affected
businesses and industries. Members of the LAC shall
have no direct financial interest, as defined in Section
87103 of the California Government Code, in the
proposed project.
3. The LAC is solely an advisory committee,
and is not empowered with any decision-making
authority relative to the proposed project, nor with the
legal standing to assert specific project conditions.
Rather, the LAC provides a mechanism for direct
input on matters of concern to the general public into
the environmental review process, and presents the
opportunity for framing questions that should be
addressed in that process, as well as in seeing that
these questions are addressed as early in the
process as possible.
irv aee 80~
4. As such, the LAC shall, within the time
period prescribed by the city council, advise the city
of the terms and conditions under which the proposed
hazardous waste facilit project may be acceptable to
the communityaaQ~jgles and procedures which
are necessary to perform its duties.
b. Enter into a dialogue with the
project proponent to reach an understanding on:
i. The suggested terms,
provisions and conditions for project approval and
facility operation which would ensure protection of
public health, safety and welfare, and the
environment of the city of Chula Vista and adjacent
communities, and
ii. The special benefits and
remuneration the proponent will provide the city as
compensation for all local costs and impacts
associated with the facility and its operation. Such
discussions shall address fair share concepts as set
forth in Section 5.5 of the general plan public facilities
element, including the consideration of establishing
intergovernmental agreements, and/or other
compensation and incentive programs.
Said dialogue shall be responsive to
the issues and concerns identified at the meeting
described in subsection (G)(1) of this section.
c. With regard to subsection (F)(4)(b)
of this section, any resulting proposed mitigation
measures not already defined in the environmental
review or permitting process would be subject to the
negotiation process with the proponent, with the
negotiation results forwarded as recommended terms
of approval to the planning commission and city
council.
d. Represent generally, in meetings
with the project applicant, the interests of the
residents of the city of Chula Vista and the interests
of adjacent communities, as principally made known
through the post-application meeting.
e. Receive and expend, subject to the
approval of the city manager and authorization of the
city council, any technical assistance grants made
available as described in subsection (J) of this
section.
f. Advise the planning department,
planning commission, and the city council of the
terms, provisions, and conditions for project approval
which have been successfully negotiated by the
committee and the proponent, and any additional
information which the committee deems appropriate.
The planning department, planning commission, and
city council may use this advice for their independent
consideration of the project.
5. The city shall allocate staff resources to
assist the LAC in performing its duties, and the
project proponent shall be responsible to pay the
city's costs in establishing, convening, and staffing
the LAC, through establishment of a deposit account
~ p 04/I4/20100.'~,4?~''--~8
EXHIBIT A
for such purposes with the planning department at the
time of filing an application for a land use decision.
6. The LAC shall cease to exist after final
administrative action by state and local agencies has
been taken on the permit applications far the project
for which the committee was convened.
G. Notice of Permit Application -Post-Application
Meeting.
1. Within 60 days after receiving the notice
of a complete application as required by subsection
(D)(8) of this section, the Office of Permit Assistance
in the State Office of Planning and Research will
convene a public meeting ("post-application meeting")
in the city of Chula Vista of the lead and responsible
agencies for the project, the proponent, the LAC, and
the interested public for the purpose of determining
the issues which concern the agencies that are
required to approve the project, and the issues which
concern the public. The planning department shall
provide notice to the public of the date, time, and
place of the meeting.
2. The issues of concern raised at the post-
application meeting must include all environmental
and permitting issues which will need to be
addressed in the environmental document to ensure
the document's adequacy in supporting the actions of
all permitting and responsible agencies for the
project.
3. The post-application meeting should be
held as soon as an environmental initial study or
notice of preparation is available for review and
comment, so that adequate opportunity is provided
for meeting input to be employed in the scoping of
subsequent environmental review activities.
H. Environmental and Health Risk Assessments.
1. All hazardous waste facility proposals
shall be required to undergo an environmental review
and health risk assessment regardless of facility type,
size, or proximity to populations or immobile
populations.
2. As hazardous waste facilities may vary
greatly in their potential public health and safety, and
environmental risks, the depth and breadth of
environmental review and health risk assessments
must be tailored on a case-by-case basis.
3. The environmental review and health risk
assessment shall serve as the primary vehicles for
identifying community and involved agency concerns,
and providing data to be used by the LAC and the city
in negotiating project conditions. As such, within 30
days following the post-application meeting, the city
shall:
a. Create an ad hoc technical
committee to advise the city and the LAC on technical
issues regarding the scoping and preparation of the
environmental review and health risk assessment.
The membership should consist of staff from each of
the involved permitting or responsible agencies, an
maryl Page 81___~
epidemiologist, atoxicologist, and any other technical
experts deemed necessary or desirable.
b. Convene a meeting of involved city
staff, the environmental document preparer, the LAC,
the ad hoc technical committee, and the project
proponent to establish the scope and content for the
environmental document and health risk assessment,
and the need for any other technical studies. The city
council shall review the meeting outcome, and
approve a final scope far the environmental review
and health risk assessment prior to the
commencement of work.
4. A traffic/transportation study shall be
required as part of the environmental review for all
hazardous waste facility proposals, and at minimum
shall account for all factors addressed under the safe
transportation siting criteria contained in Section 5.5
of the public facilities element of the city general plan.
5. Upon selection of a reasonable range of
project alternatives under the California
Environmental Quality Act, Public Resources Code
Section 21000, et seq., the city, upon the advice of
the LAC and ad hoc technical committee, shall
establish a preferred hierarchy among those
alternatives for the purpose of determining the level of
qualitative and quantitative analysis that should be
performed for the health risk assessment on those
alternatives. In determining this preferred hierarchy
and associated level of health risk assessment,
consideration shall be given to the relative feasibility
of each alternative to attain the stated project
objectives, and the relative merits of each alternative.
6. The health risk assessment shall serve as
an evaluative and decision-making tool, and shall not
be construed as providing definitive answers
regarding facility siting.
7. The ad hoc technical committee shall
remain intact to assist, as requested, the city and the
LAC in the evaluation of the final health risk
assessment and any technical studies to determine
acceptable levels of risk, and/or to determine the
extent and type of related conditions and mitigation
measures which should be applied to the project.
8. The LAC shall not finalize its
recommendations for forwarding for planning
commission and city council consideration until after
the public review period far the draft environmental
document has closed, and the LAC has had sufficient
time to review any comments received.
9. Any costs associated to the formation or
work of the ad hoc technical committee, in addition to
any other consultant(s) the LAC deems necessary,
including costs incurred in the preparation of any
technical studies, shall be paid for through technical
assistance grants as described in subsection (J) of
this section.
I. Initial Consistency Determination.
i 1. At the request of the applicant, the city
i council shall, within 60 days after the planning
04/14/2010n~ ~^~
EXHIBIT A
department has determined that an application for a
conditional use permit is complete and after a noticed
public hearing, issue an initial written determination
on whether the proposed project is consistent with
both of the following:
a. The applicable provisions of the city
general plan and zoning ordinances in effect at the
time the application was accepted as complete.
b. The county hazardous waste
management plan authorized by Article 3.5
(commencing with Section 25135) of the California
Health and Safety Code, if such plan is in effect at the
time of application.
2. The planning department shall send to the
applicant a copy of the written determination made
pursuant to subsection (I)(1) of this section.
3. The determination required by subsection
(I)(1) of this section does not prohibit the city from
making a different determination when the final
decision to approve or deny the conditional use
permit is made, if the final determination is based on
information which was not considered at the time the
initial determination was made.
J. Technical Assistance Grants -Local
Assessment Committee Negotiations.
1. Following the post-application meeting,
the LAC and the proponent shall meet and confer on
the project proposal pursuant to the provisions of
subsection (F) of this section.
2. Given that the rules, regulations, and
conditions relative to hazardous waste facility projects
are extremely technical in nature, as are the
associated assessments of potential public health
and environmental risks, the LAC may find that it
requires assistance and independent advice to
adequately review a proposed project and make
recommendations. In such instance, the LAC may
request technical assistance grants from the city to
enable the hiring of a consultant(s) to do any, or all, of
the following:
a. Assist the LAC in the review and
evaluation of the project application, environmental
documents, technical studies, and/or any other
documents, materials and information required in
connection with the project application.
b. Interpret the potential public health
and safety and environmental risks associated with
the project, and help to define acceptable mitigation
measures to substantially minimize or eliminate those
risks.
c. Advise the LAC in its meetings and
discussions with the proponent to seek agreement on
the terms and conditions under which the project will
be acceptable to the community.
3. The proponent shall be required to pay a
fee equal to the amount of any technical assistance
grant authorized for the LAC. Said fee(s) shall be paid
to the city, and deposited in an account to be used
exclusively for the purposes set forth in subsection
(J)(2) of this section.
4. If the local assessment committee and the
applicant cannot resolve any differences through the
meetings, the Office of Permit Assistance in the State
Office of Planning and Research may be called upon
to mediate disputes.
5. The proponent shall pay one-half of the
costs of any mediation process which may be
recommended or undertaken by the Office of Permit
Assistance in the State Office of Planning and
Research. The remaining costs will be paid, upon
appropriation by the legislature, from the State
General Fund.
K. Additional Findings Required for Hazardous
Waste Facilities. Before any conditional use permit for
a hazardous waste facility may be granted or
modified, in addition to the findings required by
CVMC 19.14.080, it shall be found that the proposed
facility is in compliance with the following:
1. The general areas policies of Section 5.5
of the public facilities element of the city general plan.
2. The siting criteria as set forth in Section
5.5 of the public facilities element of the city general
plan.
3. The fair share principles established in
Section 5.5 of the public facilities element of the city
general plan.
4. The county of San Diego hazardous
waste management plan. (Ord. 2542 § 6, 1993).
19.58.180 Heliports or landing strips for aircraft.
Heliports or landing strips for aircraft, except as
part of an approved residential subdivision providing
for aircraft landing, taxiing and hangaring, shall be
located no closer than 600 feet from any R zone, and
shall provide runways so oriented that aircraft landing
and taking off do not normally pass below 200 feet
directly over dwellings. Proponents shall show that
adequate controls or measures will be taken to
prevent offensive dust, noise, vibrations or bright
lights, and proponents shall show that the Feld in
question conforms to standards of the Federal
Aeronautics Authority for the particular class of field.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(17)).
19.58.190 Kennels, riding academies and public
stables.
Kennels (commercial) for dogs and cats and riding
academies and public stables shall be located not
less than 200 feet from any adjoining zone which
prohibits such uses; shall provide automobile and
truck ingress and egress; shall provide parking and
loading spaces so designed as to minimize traffc
hazard and congestion; and the proponent shall show
that odor, dust, noise or drainage shall not constitute
a nuisance or a hazard to adjoining property or uses.
marvl Paee 82 ~ p_1 1 9 04/14/20109~~°'?~' nn
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(18)).
19.58.200 Labor camps.
No labor camp structure shall be located closer
than 20 feet from any property line, and not closer
than 50 feet from the front lot line. When adjoining an
R zone, no structure shall be closer than 100 feet
from the adjoining property line. The aggregate site
area shall contain not less than 3,000 square feet of
land area for each tent or trailer space or cabin or for
each three workers, and no structure shall be closer
than 10 feet from any other structure. A usable
recreation area shall be provided for each labor
camp, and shall contain not less than 200 square feet
of area for each dwelling space or unit or each three
workers. Access roads and parking areas shall have
a durable and dustless surface and areas shall be so
graded as to dispose of all surface water
accumulated within the area. A temporary certificate
of occupancy will be issued for a period not to exceed
one year, subject to renewal. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901(6)(19)).
'19.58.205 Mixed commercial-residential projects in the
C-C-P zone.
~i Mixed commercial-residential projects may be allowed in
~~ithe C-C-P zone upon the issuance of a conditional use
permit and subject to the following standards and
,guidelines:
I A. The conditional use permit shall be subject to review
band approval of the
i °^~^~'^^ ^' *~° planning commission or Chula
!vista redevelopment corporation if within the boundaries of
la designated redevelopment area;
B. The commercial and residential components shall be
'.planned and implemented together;
C. The maximum allowable residential density will be
governed by the provisions of the R-3 zone based on the
(total project area, less any area devoted exclusively to
',commercial use, including commercial parking and
circulation areas. The approved density may be
significantly less than the maximum allowable density
'.depending on site specific factors, including the density
(,and relationship of surrounding residential areas, if any;
D. Parking, access and circulation shall be largely
independent for the commercial and residential
(components of the project. Each use component shall
',provide off-street parking in accordance with city
'standards;
', E. The residential component shall meet the private and
common open space requirements of the R-3 zone;
F. The conditional use permit may include a restriction
on commercial uses and/or business hours in order to
',avoid conflicts with residential units. (Ord. 2295 § 1, 1989).
19.58.210 Motels and hotels.
Any motel or motel/hotel site shall have a minimum
site area of 20,000 square feet and shall contain not
less than 1,000 square feet per sleeping unit for one-
story pnits, 800 square feet per sleeping unit fortwo-
story units, or 600 square feet per sleeping unit for
units over two stories. The buildings shall not occupy
in the aggregate more than 40 percent of the area of
the lot. All areas not used for access, parking,
circulation, buildings and services shall be completely
and permanently landscaped and the entire site shall
be maintained in good condition. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(21)).
19.58.220 Nursing homes.
The following requirements shall apply to nursing
homes (see Definitions, CVMC 19.04.162):
A. Approval must be obtained from proper
agencies concerning health and safety conditions,
and said home must be licensed by such agencies;
B. An off-street loading area shall be provided (see
CVMC 19.62.140);
C. If an unenclosed incinerator is provided, it shall
be located on the rear one-half of the property and
the stack shall not be closer than 30 feet to any
neighboring dwelling. The effluent from such stack
shall comply with the performance standards of this
title. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(8)(22)).
19.58.225 Off-site advertising signs.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2296 § 7,
1989).
19.58.230 Parking lots and public garages.
Parking lots and public garages shall be permitted
only where:
A. They are clearly required by public convenience
and necessity;
B. They do not break up continuity of retail store
frontage for pedestrians;
C. They will not be a nuisance to residences or
other surrounding uses;
D. They will not cause traffc hazards or undue
traffic congestion;
E. They conform architecturally to the surrounding
area;
F. Street trees are provided. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (8)(23)).
19.58.240 Poultry farm.
(See definition in CVMC 19.04.184).
A. Any building housing over 10 chickens or other
poultry shall be distant not less than 100 feet from
every lot line.
marvl Page 83 04/14/2010^~°,F~~~~^'r~
EXHIBIT A
B. The proponent shall show that odor, dust, noise
or drainage shall not constitute a nuisance or hazard
to adjoining property or uses. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (6)(24)).
zones.
It is the intent of this section to allow for limited
professional offices on certain lots with existing buildings in
the R-1 and R-3 zones, when the zoning administrator
^'^^^ ^^ ^^~^~^ °° ^^ approves a conditional use permit
,therefor by applying the following guidelines:
A. The lot should contain at least 12,500 square feet of
level, developable land;
B. The lot is developed with a house or other structure
,which has been designated a historic site or has been
',recognized as having historic importance and has been
',entered into the historic register, as provided in Chapter
',2.68 CVMC;
C. The lot is within 300 feet of a thoroughfare or a
',heavily traveled collector road;
D. The use proposed on the lot is limited in scope so as
,not to generate substantial vehicular traffic on residential
I streets;
' E. Physical changes to the structure or structures and
I landscaping which are not in keeping with the basic design
and character of the property are prohibited. (Ord. 1822
'§ 3, 1978).
i 19.58.245 Ambulance services.
Ambulance services may be located in any zone.
'.Ambulance services can be incorporated into a hospital
;complex or other governmental facility. When approving a
'conditional use permit for ambulance services in a
..residential zone that is not part of a hospital complex and
'not located in a federal, state or local government facility,
jthe zoning administrator^'^^^'^^ ^^^~^~ °°'^^ shall
,incorporate the following conditions:
' A. The service must be limited to the staging and
(dispatching of one ambulance from a residential structure
or unit.
B. At least three dedicated parking spaces for an
ambulance and two employees are required. The parking
,spaces shall be on-site and meet city standards for size,
,paving, access and screening.
C. Except for shift changes and periodic inspections by
managers, no more than three employees shall be on-site
at any given time.
D. Any other requirements the zoning
administratorpk~aa+ag~eauaissiea deems appropriate to
jminimize impacts on the residential neighborhood.
Fleet maintenance or the storing of multiple ambulances
',shall not be allowed in a residential zone, even if the use is
'.part of a hospital complex or located at a government
facility. Vehicles that are on-call shall not be considered
"stored." (Ord. 2958 § 3, 2004).
19.58.260 Repair of vehicles.
A. Repair, except as stated in subsection (B) of this
section, of motorcycles, motor trucks and motor
vehicles, as defned in the Vehicle Code of the state
of,California, as well as boats, campers, and trailers,
is prohibited in any residential zone unless all of the
following conditions are met:
1. Repair (except as stated in subsection (B)
of this section) of vehicles, boats, campers and
trailers shall be conducted within a garage or carport
or behind a solid fence, gate or wall not less than six
feet in height;
2. No repair of vehicles, boats, campers and
trailers shall be conducted as a business;
3. No repair of vehicles, boats, campers and
trailers shall take place between the hours of 10:00
p. m. and 8:00 a.m.
B. Nothing in this section is intended to prohibit the
making of minor repairs, such as fire changing or
repair, replacement of spark plugs and minor engine
adjustments or repair, lubrication, battery and brake
adjustments or repair by an owner on the vehicle on
said owner's lot, where said vehicle may be legally
parked as determined by other sections of this code.
C. Storage of Inoperable Vehicles.
1. No more than one vehicle or one boat, or
one camper, or one trailer shall be in a state of
disrepair or in an inoperable condition at any one time
on any lot.
2. No vehicle in a state of disrepair or in an
inoperable condition may be located outside of a
garage or carport or solid fence, gate or wall not less
than six feet in height for a period of more than 72
hours.
3. No parts of a vehicle, boat, camper or
trailer shall be located outside of a garage, carport or
solid fence, gate or wall not less than six feet in
height for a period of more than 72 hours. (Ord. 2308
§ 1, 1989; Ord. 2176 § 5, 1986; Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (6)(26)).
19.58.270 Retail sales for guests only.
Community buildings, private clubs, lodges and
social or recreational establishments may engage in
retail sales for guests only; provided, that:
A. There shall be no external evidence of any
commercial activity, nor any access to any space
used for commercial activity other than from within
the building;
B. There shall be no harm to adjacent existing or
potential residential development due to excessive
traffic generation or noise or other circumstances.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(27)).
19.58.280 Service stations.
marvl Page 84 1 Q-~ 14 04/14/20100?~?°,~?
EXHIBIT A
Service stations are subject to the following
re ir~4~'n~~gl~~dlSBftAiHl~d by public convenience;
They will not cause traffic hazards or undue
congestion;
C. They should be located only on property
abutting the intersection of major or collector streets
or combination thereof, or within shopping centers as
part of an approved site plan; except, that they shall
be limited to the periphery of the central business
area. They may be located on an interior lot if they do
not disrupt the continuity of retail store frontage for
pedestrians;
D. They will not be a nuisance to residences or
other surrounding uses;
E. The site shall be landscaped in accordance with
the landscape manual of the city; except, that asix-
foot minimum planter area in front of the pump
islands and not closer than three feet to any driveway
shall be required. The pump islands shall be located
no closer than 12 feet from the planter;
F. Architectural and site plan approval subject to
the conditions of CVMC 19.14.420 through 19.14.480
shall be obtained
Note: Where a service station is a secondary land
use, i.e., accessory to another principal use and
consisting of no more than a single pump island with
no more than three fuel pumps, the following
provisions shall not apply:
G. Outside sales and display may be allowed in an
area beneath a canopy when specifically approved as
part of an approved site plan. Structures used to
display merchandise shall be designed to be
architecturally compatible with the main building. In
no case shall a display area interfere with vehicular
circulation or obscure required landscaped areas.
Accessory uses may also be stored outside subject to
the conditions herein;
H. Accessory outdoor uses, other than parking and
service lanes, shall also be allowed but shall not
occupy more than 10 percent of the area of the site.
Such accessory uses may include rental, utility or
travel trailers, but not more than six such trailers shall
be permitted on the lot at any one time and shall be
screened from the street or highway. Under no
circumstances shall any use be located in such a way
that would interfere with normal traffic flow onto,
within or from the site, or which creates dangerous
impediments to traffic visibility. Only those areas
shown on the approved site plan will be allowed for
parking or storage;
I. All items offered for sale on the site shall be
items normally incidental to service station business
except accessory uses as provided herein. (Ord.
2162 § 1, 1986; Ord. 1436 § 2, 1973; Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(28)).
19~g.Qgtlglgpf~rtg~ shall be located not less
than one-half mile from any developed residential,
commercial or industrial area, or place of public
assembly. A conditional use permit for an indoor or
outdoor shooting club may be granted to be in force
for one year only, after which a certificate may be
resumed for a period of one year at the expiration of
each temporary certificate, provided the above
requirements can continue to be met. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(B)(29)).
19.58.310 Stables and corrals.
A. The minimum lot area upon which one or two
horses may be kept is 20,000 square feet. One
additional horse may be kept for each 20,000 square
feet over the minimum lot area of 20,000 square feet.
B. The horse(s) must be maintained within an
enclosure.
C. A distance of 100 feet shall be maintained from
the enclosure to any neighbors residence, school,
church, or any other building, excluding the owner's,
used for human habitation.
D. A distance of 25 feet shall be maintained from
the owner's residence to the enclosure.
E. The horse enclosure must maintain all existing
setbacks as stated in the applicable zone.
F. Stables and corrals shall be located on the rear
portion of the lot behind the residence.
G. Any horse(s) presently being maintained in
conformity with the regulations of either the city of
Chula Vista or the county of San Diego on the
effective date of the ordinance codified in this title as
applied to the property where said horses are being
maintained may continue to be so maintained in
accordance with said rules. (Ord. 1364 § 1, 1971;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(31)).
19.58.320 Tract office, temporary.
Within the boundaries of a subdivision where lots
are offered for sale to the public for the first time,
buildings and structures erected in compliance with
the provisions of the prevailing zone may be used as
follows:
A. One building for a temporary real estate sales
office, and not more than six dwellings for temporary
demonstration or model home purposes, may be
provided. In addition, a subdivision containing more
than 60 lots may use up to 10 such lots for model
home purposes. Such temporary uses shall be made
only in conjunction with the sale or rental of land or
buildings within such subdivisions, and such use or
uses shall terminate two years after the filing in the
office of the county recorder of the final subdivision
map thereon, or 60 days after the sale of the last
house, whichever comes first. After the time limit has
marvl Pace 85 , n , , ~ 04/14/2010~n''~~~^
~ v-rr
EXHIBIT A
expired, all commercial activity shall cease and the
temporary office building, if any, shall be converted to
a conforming use or removed at the owner's expense.
At the termination of such office use, all necessary
alterations to convert the temporary office to
residential use or removal of said building shall be
made.
B. If alterations are needed in the initial conversion
from a house to a temporary office, the following shall
be done: a $250.00 penal bond shall be filed with the
city clerk to assure said work will be completed. Upon
a recommendation from the director of planning and
building or his authorized deputy, he shall approve or
reject the final alteration work.
C. The zoning administrator shall determine the
need for off-street parking, based on the location of
model homes in relationship to adjoining subdivisions,
the size of the subdivision, the character of the street,
and the expected duration of model home area use.
(Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.901(6)(32)).
;19.58.330 Trailers.
(See definition in CVMC 19.04.298.)
A. It is unlawful to use a camping trailer, motor home,
camper, or travel trailer for living or sleeping purposes
!except when parked within a licensed recreational vehicle
park or mobilehome park, as provided elsewhere in this
title, or when used on a temporary basis not to exceed a
!period of seven days by guests or visitors of residents of
'..the city and said vehicle is parked upon the property of the
resident.
B. It is unlawful to use a trailer, excluding commercial
',coach units, as a business office in any zone; except, that
a general contractor and/or property owner or lessee may
I obtain a temporary permit for the parking of one or more
mobilehomes, motor homes, campers or travel trailers for
watchmen, supervisory or other special personnel, or for
',use as a temporary office at or immediately adjoining a
major construction site upon commencement of such
construction. Any such permit shall be issued only by the
'(director of planning and building of the city after an
,application, in writing, is submitted by the general
',contractor specifying:
I 1. The number and type of such vehicles;
2. The reasons their presence is necessary at the
'site at times other than normal work hours;
3. The period for which the permit is sought;
4. The vehicles for which a permit was issued
'shall be removed from the premises 10 days after final
inspection.
C. Commercial coach units may be utilized for a
(maximum of 25 percent of the total industrial and/or
'.commercial floor area available to a particular use;
',provided, that if visible from a public street or from
adjoining properties, the coach units shall be made
architecturally compatible with and complementary to the
',balance of the structures on the same and adjacent sites.
D. Commercial coach units may be utilized as temporary
building space in conjunction with public orquasi-public
'uses located in residential zones, and in conjunction with
public, quasi-public, and private uses, such as banks,
'insurance offices, savings and loan institutions, public
utility offices, and similar public-service-based uses in
commercial and industrial zones; provided, that a
conditional use permit is procured for each commercial
coach so utilized. All conditional use permits granted for
the utilization of commercial coaches as temporary building
space shall be limited to a period of not more than two
years; provided, however, that the permittee may apply to
the zoning administratorplaaaing-issiea for an
extension of time, which the commission may grant for a
.maximum of one additional year.
E. A mobilehome, certified under the National Mobile
Home Construction and Safety Standards Act of 1974
(USC Section 5401, et seq.), 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:
1. It may be occupied only as a residential use;
' 2. All development standards of the underlying
:zone pertaining to conventional single-family development
',are complied with; and
' 3. The foundation is in compliance with all
applicable building regulations. (Ord. 2790, 1999; Ord.
1941 § 1, 1981; Ord. 1711 § 2, 1976; Ord. 1518 § 1, 1974;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(33)).
19.58.340 Recycling and solid waste storage.
A. All subdivisions or any new construction requiring a
building permit and costing more than $20,000 to construct
("qualifying project") shall include adequate, accessible,
and convenient areas dedicated for the accumulation,
,temporary storage and removal of designated recyclables
ahd solid waste. These recycling and solid waste areas
',shall be enclosed within a minimum five-foot-high masonry
',wall or higher if deemed necessary by the director of
(planning to adequately screen the area, built to standards
~~adopted by the city for a freestanding wall (No. 4 steel and
,fully grouted) and shall be designed to accommodate the
,containers used by the recycling and solid waste service
company contracted with the city. A wooden enclosure
'may be substituted for a wall in the C-O zone and multiple-
family zones by the development services director~f
plaaning.
B. A recycling and solid waste plan shall be submitted
'by the applicants of any qualifying project. Said plan shall
be reviewed and approved by the city manager orhis/her
',designee. A plan must comply with city and state solid
,waste and recycling regulations/standards before it can be
'.approved. Building permits may not be issued until the plan
is approved.
maryl Page 86 10-1 16 04/14/2010~r?~/''~o
EXHIBIT A
C. A recycling and solid waste planning manual setting
~~forth recycling and solid waste space allocation
!regulations, design standards, and guidelines shall be
!drafted by the city manager and adopted by the city
'council.
D. The precise location of any recycling and solid waste
urea shall be approved by the director of planning upon
''review of the site plan. Recycling and solid waste areas
shall be accessible and convenient to both the occupants
:and franchise hauler and shall only be used for the
.temporary storage, collection and loading of solid waste
'and recyclables.
E. Recycling and solid waste enclosures shall be
permanently maintained; recycling and solid waste areas
shall be kept neat and clean; and approved recycling and
'solid waste plans shall be adhered to and followed. (Ord.
',2993 § 1, 2005; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
~ prior code § 33.901(8)(34)).
,19.58.345 Recycling collection centers.
Recycling collection centers may be permitted within any
;commercial or industrial zone which is also located within a
convenience zone identified by the state of California
Department of Resources, under the provisions of the
California Beverage Container Recycling and Litter
,Reduction Act of 1986. Establishment of such centers shall
:comply with the following:
A. Reverse vending machines with a combined area of
no more than 150 square feet and a height of no more than
!,eight feet total may be permitted as an accessory use
isubject to site plan approval by the planning department.
IiReverse vending machines which are placed within an
,enclosed building occupied by the primary use do not
~I require approval of a site plan.
j B. Small collection facilities occupying an area of no
(more than 300 square feet may be permitted as an
accessory use subject to approval of a conditional use
permit granted by the zoning administrator pursuant to
~19.14.030(A).
C. Large recycling collection centers with a combined
~ilarea of over 300 square feet, but not exceeding the floor
'urea equivalent of a 30-person occupancy load, may be
'permitted as an accessory or primary use subject to the
approval of a conditional use permit granted by the zoning
',and with approval of an application for site plan and
(,architectural review by the design review board^^^~~~°°.
D. The premises of all recycling collection centers shall
be kept free of all litter and debris, and all recyclable
!articles removed prior to any storage container reaching
;capacity. Approval of a site plan or conditional use permit
may be revoked by the permitting authority upon
presentation of evidence that a recycling collection center
is not maintained in a safe and sanitary manner.
E. Recycling collection centers shall be developed and
',operated in accordance with the design standards for
',recycling centers adopted by city council policy.
F. The regulations set forth in this section shall also
'apply to recycling collection facilities in existence prior to
adoption of the ordinance codified in this chapter. Existing
,facilities shall have 60 days from the date of adoption to
obtain required discretionary permits. (Ord. 2252 § 1, 1988;
.Ord. 2233 § 1, 1987).
.19.58.350 Commercially zoned double frontage lots.
Any commercially zoned parcel which has double
frontage, one such frontage being on a local street, across
which street is residentially zoned land, shall observe the
.following regulations:
A. Vehicular access to the local street shall be
.discouraged and permitted only upon planning commission
approval.
B. Asix-foot-high decorative masonry wall shall be
.constructed across the entire width of the parcel at a
minimum of 10 feet behind the edge of the sidewalk or as
.otherwise designated by the zoning administratorplanning
semaalssien. The design of the wall shall be uniform
throughout the area in which located, and such design
.shall be subject to the approval of the director of planning.
C. The area between the wall and the edge of the
(sidewalk shall be permanently landscaped. Such
'..landscaped area shall be provided with an automatic
!irrigation system and shall be permanently maintained and
',kept free of debris. A landscape plan shall be submitted to
(the development services director e~p4aaning for approval
prior to any planting.
I D. The wall and landscaping shall be provided prior to
(the final building inspection of any improvements to be
constructed on the premises.
E. If any dwelling units which face the local street exist
on such parcel, the dwelling units shall be removed prior to
tfie new commercial development or enlarging of existing
',commercial development, unless such dwellings are
',converted for commercial purposes (this situation does not
',,negate the other provisions of this section).
F. If new or enlarged commercial development occurs
(,adjacent to the existing dwelling units which face a local
'street, a fence separating the property shall also be
constructed on the side lot line, the length of such fence to
be determined by the development services director-e#
'gtaaaing. Such a fence may be of wood construction. (Ord.
'.1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§, 33.901(8)(35)).
',19.58.360 Zoning wall or fence.
Asix-foot-high minimum solid masonry wall subject to
the provisions of CVMC 19.58.150 shall be erected along
,the property line or zoning boundary to separate any C or I
,zones and/or uses from adjacent residential zones. Asix-
'.foot-high maximum solid fence shall be erected along the
property line or zoning boundary to separate multiple-
,femily zones and/or uses from abutting single-family
',residential zones or areas. Said wall or fence may be
waived by the zoning administrator if
I it is found that the adjacent areas would be sufficiently
marvl Paee 87 , n , , ~ 04/14/2010o'~~m~~
EXHIBIT A
screened and protected without said wall or fence. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(36)).
19.58.370 Outside sales and display -Permanent
and temporary.
A. Permanent. The permanent outside sales and
display of merchandise, including vending machines
of all types and coin-operated amusements, shall be
permitted only when included as part of an approved
site plan subject to the conditions herein. Service
stations are subject to the provisions of CVMC
19.58.280.
1. The following items shall be considered
for outside display:
a. Vending machines of all types;
b. Coin-operated amusements,
excluding games such as pinball machines;
c. Vehicles of all types, including
boats;
d. Magazines, newspapers and books;
e. Flowers, including artifcial;
f. Art displays;
g. Plants;
h. Model storage buildings, patios and
additions;
i. Any other item which is determined
by the planning commission to be of the same
general character;
j. Any other item specifically approved
by the planning commission to be displayed in an
area specifically designed for said merchandise.
2. Conditions.
a. Vending machines and coin-
operated amusements shall whenever possible be
within an enclosed area or structure specifically
designed to accommodate said items;
b. The outside display shall not
interfere with pedestrian or vehicular circulation;
c. Model storage buildings, patios and
additions shall not be located in any area facing a
major or collector street, or at the main entrance to
the building;
d. Plants shall be the only items in a
plant nursery visible from the street;
e. No outside display shall be of such
size or quantity as to alter the architectural
appearance of the building;
f. A 10-foot landscaped area shall be
provided between vehicle display areas and the
street. Any item not located within a building or solid
enclosure shall be deemed to be outside display and
subject to the conditions herein.
3. The following merchandise shall be
expressly prohibited from outside display:
a. Furniture;
b. Clothing;
~.. J'~~iggnent;
e. Dry goods;
f. Soil additives;
g. Tires, excluding service station as
provided herein;
h. Used goods, except as provided
herein.
B. Temporary. Temporary outside sales and
display of merchandise for a period of 24 days in any
calendar year, but not exceeding seven consecutive
days, shall be permitted upon approval of a
temporary outside sales permit by the zoning
administrator. Not more than six permits a year shall
be issued to any one business or shopping complex.
Each such permit shall be accompanied by the
required filing fee(s).
Upon application for a permit, the applicant shall
submit two site plans showing the location of the
proposed outside sales area. The plan shall include
sufficient information to insure that the display and
sales will be conducted in a safe and proper manner
and will not obstruct traffic or cause a hazardous
condition based on the standards adopted by the city.
The permit shall designate the commencement and
termination dates.
1. Other Required Conditions.
a. The application shall be submitted
for approval a minimum of two days prior to the
requested date of commencement.
b. There shall be a minimum of 30
days between the commencement dates of the
permit.
c. Temporary outside sales are
prohibited in the C-O, C-N and C-V zones.
d. The sales area shall maintain a 25-
foot setback from the street when within an area
designated for parking.
e. The sales area may utilize a portion
of required parking to a maximum of 20 percent.
f. The sales area shall not interfere
with the internal circulation of the site.
g. Pennants may be used only for
safety and precautionary purposes.
h. The sales area shall be kept in a
neat and well-kept manner at all times.
i. Price signs may be used but shall
not exceed 12 by 16 inches.
j. Other signs may be allowed subject
to zoning administrator approval. Said signs shall not
exceed two square feet of lineal street frontage of the
sales area.
k. Promotional items allowed in
conjunction with a special event, such as
anniversaries and grand openings, are not subject to
the provisions herein except when an outside sales
permit is requested.
I. Only merchandise customarily sold
on the premises shall be considered for temporary
EXHIBIT A
outside sales and display. (Ord. 2506 § 1, 1992; Ord.
2011 § 2, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.901
(6)(37))
appropriate to provide an adequate living environment both
within the development and on nearby properties. Any
'exceptions and adjustments shall be subject to the
condition that the development will be available for
,'occupancy by seniors only. (Ord. 1878 § 3, 1979).
',19.58.380 Special events.
A. Any business may request a permit for the use of
!temporary promotional signs and promotional items in
';conjunction with the following special events: grand
'',openings, change of business address, change of
;ownership or lessee, and business anniversaries. If a
'business is part of a parent organization, the anniversary of
'.the parent company may be used in lieu of the business
'anniversary during the calendar year.
B. The maximum time limit for a special event shall not
'exceed 14 consecutive days.
C. The applicant shall submit a statement stating the
reason for the special event and indicating the
'.commencement and ending date. The applicant shall also
!.submit a site plan indicating the location and area of signs
sand location of promotional items. Each permit shall also
Abe accompanied by the required fling fee(s).
D. Promotional items are subject to the following
I', approval:
1. They may not be located in the front setback;
2. They shall not intertere with internal circulation
or eliminate required parking;
3. They shall not be indiscriminately placed or be
lof such quantity as to present a cluttered and unsightly
'appearance.
E. Pennants may only be used in conjunction with grand
!openings and change of ownership or lessee.
F. The development servicesplaaaing department shall
'tissue to the applicant a special event permit, upon
'iapproval of the applicant's request. The reason for the
',special event shall be conspicuously displayed on a sign
Ifor the duration of the event. (Ord. 2506 § 1, 1992; Ord.
'2011 § 1, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1, 1971;
',Ord. 1212 § 1, 1969; prior code § 33.901(6)(38)).
'19.58.390 Senior housing development.
Pursuant to CVMC 19.54.020, housing developments for
Il~seniors, as defined in CVMC 19.04.201, may be allowed in
any zone except the R-1, R-2, C-V, C-T and industrial
',zones. Because the residents of such development have
dwelling characteristics which differ from those of families
and younger persons, it is not appropriate to apply all of
'the normal zoning standards thereto. Accordingly, pursuant
,to the processing of a conditional use permit for such
'developments, as required by CVMC 19.54.020(P), the
I, planning commission, or Chula vista redevelopment
,corporation if proiect is within a designated redevelopment
'proiect area. andr~ty-seuasit may make exceptions to the
,density, off-street parking, minimum unit size, open space,
land such other requirements as may be appropriate. The
llplanning commission aad-sityseliasil may also adjust
required setbacks, building height, and yard areas as
19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehicle (RV)
storage yard (storage area for motorhomes, camping
trailers, boats and other recreation equipment) shall
.address the following issues: (1) height limit for stored
,items, (2) screening (landscaping and fencing), (3)
'.surfacing, (4) access to the site, (5) office facilities, (6)
'.customer parking, (7) lighting, (8) hours of operation, (9)
',security, (10) signing, (11) surrounding land uses and
'structures. The application shall also be accompanied by a
',comprehensive list of items which would be eligible for
'.storage. Any subsequent additions to the list shall be
'subject to the approval of the development services
director
The approval of an RV storage yard judged by the
commission or Chula vista redevelopment corporation if
.located within a designated redevelopment proiect area to
represent an interim use of land based upon zoning,
:development patterns, and/or pending plans in the area
shall be subject to a review and report filed each year by
the owner with the city zoning administrator. Failure to file
the report or abide by the conditions of approval shall
cause the matter to be set for a rehearing before the
'.commission or Chula vista redevelopment corporation if
',Idcated within a designated redevelopment proiect area to
',consider revocation of the permit or other appropriate
corrective action. Permits for interim RV storage yards
,shall be granted for a maximum period of five years with
extensions subject to rehearing before the commission or
~chula vista redevelopment corporation if located within a
'designated redevelopment proiect area. (Ord. 2790, 1999;
'Ard. 2169 § 2, 1986).
19.58.410 Prohibition of flashing lights.
Lights in view of any public street of adjoining
properties used to convey the effect of movement are
prohibited. Intermittent or variable intensity lights or
flashing lights are prohibited, with the exception of
holiday lights during the month of December. (Ord.
2353 § 1, 1990).
19.58.420 Water distribution facilities.
Water distribution facilities shall be limited by
permit in their scope of activities and operations to a
level commensurate with the nature and character of
the surrounding area. Permits shall be further limited
to a duration of six months, subject to zoning
administrator extension of not to exceed one
additional year, in six-month increments, as
marvl Paee 89 ,~n~~ ~ 04/14/20109~,~~`?m~^
EXHIBIT A
necessary to meet a continuing water state of
emergency. Permits shall be expressly conditioned to
expire automatically upon the effective date that the
metropolitan water district declares that the drought
severity falls below Stage VI of its incremental
interruption and conservation plan. (Ord. 2449 § 2,
1991).
',administrator or other issuing authority finds in his or her
sole discretion, and based on substantial evidence in
'view of the entire record, that all of the facts required by
CVMC 19.14.080 exist, and that approval of the permit
'will not result in an overconcentration of such facilities.
!Overconcentration may be found to exist based on (a)
'the number and location of existing facilities: (b)
(compliance with State Alcohol Beverage Control
overconcentration standards in effect at the time of
The city council shall be informed of the decision on
each such permit by the city clerk when the decision is
',fled in accordance with CVMC 19.14.090. The decision
of the zoning administrator may be appealed.
Such appeal shall be directed to the city council and
'must be filed within 10 business days after the decision
'is made, as provided in CVMC 19.14.100. If appealed
',within the time limit, said appeal shall be considered in a
(public hearing conducted by the city council, in the same
',manner as other appeals pursuant to CVMC 19.14.120
sand 19.14.130: except, that the city council must make
',the same written findings required of the zoning
!administrator herein in order to grant the permit.
'~.~nuwr_ ocr_i a nTin AIC cno nenniTr_nnncov
i~,~eEt+6FS _ _ _
Repealed pursuant to citywide zoning approved in the
1990s and 2005 General Plan which
sunset the Montoomerv Specific Plan
I ~o ~n non i..te„~
marvl Page 90 1 0-1 20 04/14/2010~n~~8
EXHIBIT A
maryl Pale 91~~„ 04/14/2010~~~''~''~8
EXHIBIT A
Chapter 19.62
OFF-STREET PARKING AND LOADING
~, Sections:
---- ---------------------
19 62.010 Required when.
x,19.62.020 Size and access requirements.
',19.62.030 Floor area defined.
marvl Pa~92_~-199 04/14/2010~~!z~~^
EXHIBIT A
I 19.62.040 ^'«°rn~±~:~° to cn ~;;~ ^~'-' Alternative
' parking arrangements: Off-site shared
parking agreements; on-site shared parking
'~, agreements
;19.62.050 Number of spaces required for designated
' uses.
1,,19.62.060 Parking areas -Development and
maintenance generally.
.19.62.070 Parking areas -Curbing required when -
Specifications.
19.62.080 Parking areas -Screening requirements.
19.62.090 Parking areas -Landscaping.
19.62.100a Parking areas -Surfacing requirements -
Waiver permitted when.
19.62.100b Pavement standards for private vehicular
areas.
19.62.110 Limitation on areas to be used.
119.62.120 Parking areas -Lighting arrangements.
19.62.130 Waiver or modification of provisions
permitted when.
;19.62.140 Off-street loading -Number and size of
spaces to be maintained.
'.,19.62.150 Residential parking -Front setback
restrictions -Generally.
19.62.160 Residential parking -Front setback
' restrictions -Exceptions.
19.62.170 Residential parking -Two-car garage
requirement- Intent and purpose.
19.62.180 Residential parking -Two-car garage
requirement -Garage setbacks.
.19.62.190 Residential parking -Procedure far
conversion to living purposes -
Approval required.
!.19.62.200 Enforcement of this chapter.
19.62.010 Required when.
There shall be provided, at the time any building or
structure is erected or is enlarged or increased in capacity,
or any use is established, off-street parking spaces for
automobiles in accordance with the requirements herein;
provided, however, that when an addition is made to an
existing building, only the square feet in the addition need
be used in computing the required parking. (Ord. 1212 § 1,
1969; prior code § 33.801(A)).
119.62.020 Size and access requirements.
Size and access of off-street parking and loading
(facilities shall be as follows:
A. No parking area, except for asingle-family or duplex
residence, may be located so as to require or encourage
,the backing of automobiles or other vehicles across any
street lot line, to affect egress from the places of parking.
B. Access to parking spaces for asingle-family dwelling
may be not less than nine feet in width throughout and
(paved in accordance with engineering specifications as
;adopted by the planning commission.
I C. Driveways used to serve two to four dwelling units
shall be not less than 12 feet if the furthest unit is 80 feet or
I less from the front property line, and a minimum of 15 feet
', if the distance is over 80 feet long. Driveways used to
'serve five or more dwelling units shall be not less than 15
feet for one single lane entrance; the combination of two
separate driveways (an entrance and an exit) shall be not
'.less than 25 feet; except, that a combined entrance and
'..exit (two-way access) need not exceed 18 feet in width.
Driveways for parking areas serving other than
,residential units shall be a minimum of 15 feetwide for
one-way traffic and 24 feet wide fortwo-way traffic. The
;minimum vertical clearance shall be 10 feet to allow for the
passage of emergency vehicles, based on minimum
'.standards administered by the city traffiic engineer.
D. All aisles and turning areas shall be adequate to
!provide safe and efficient access to and from parking
,spaces, based on minimum standards administered by the
~Icity traffic engineer.
E. Tandem parking shall not qualify as required parking
II unless specifically approved by the planning commission,
a designated redevelopment project area. (Ord. 1212 § 1,
1969; prior code § 33.801(6)).
(19.62.030 Floor area defined.
' "Floor area," in the case of offices, merchandising or
service types of uses, means the gross floor area used or
,intended to be used by tenants, and including floor area for
'.service to the public as customers, patrons, clients or
',patients, including areas occupied by fixtures and
',equipment used for display or sales of merchandise. (Ord.
' 1212 § 1, 1969; prior code § 33.801(C)).
,19.62.040 Alternatives-teen-site parking
A. For any new nonresidential use, structure or building,
irequired off-street parking which, due to the size or location
Iof the parcel, cannot be provided on the premises may be
:;provided on other property not more than 200 feet distant
by publicly available pedestrian access from said use,
(structure or building, subject to an off-site -shared parking
(,binding agreement with the city as to permanent
;reservation of said space and access thereto; or if the
!;proposed nonresidential use lies within the boundary of a
';parking district, off-street parking requirements shall be
;considered to be met; provided, that any developer of a
new commercial building within a parking district, or a
!developer of a commercial addition to an existing building
therein, shall pay the required fee(s).
B. For env new use except single family residential uses in
the R-1 zone shared parking for two or more different land
uses on the same site may be approved as part of the
discretionary permit or where no discretionary permit is
required, through a building permit subject to the following
requirements:
marvl Page 93 04/14/2010n'r''~ro
EXHIBIT A
(1) Shared parking shall be for uses that are located
on the same site.
I2) Shared Parking Analysis Required Shared oarkinq
is based upon the variations in the number of
parking spaces needed (parking demand) over the
course of the day for each of the proposed uses
The hour in which the highest number of oarkinq
spaces is needed (peak parking demand) for the
proposed development determines the minimum
number of required off-street oarkinq spaces for
the proposed development The shared oarkinq
analysis shall be reviewed and approved by the
director of development services and the city
engineer.
(3) Shared oarkinq shall be enforced through a shared
parking agreement in a form approved by the Citv
(4) Adequate signage shall be provided for tenants
n4~;a.,{m=,yand city engineer. Failure to resolve such off-
.site public parking problems by the owner of the property
cpnstitutes grounds for revocation of the conditional use
permit.
2. Automobile sales facilities, new or used (see CVMC
119.58,070):
I One for each 400 square feet of gross floor area,
or one-tenth of the maximum car storage capacity,
.whichever is greater.
3. Automobile repair and service garages:
One for each 400 square feet of floor area.
4. Banks and savings and loans:
One for each 200 square feet of floor area;
minimum of five.
5. Bowling alleys:
Five for each alley.
6. Business and professional offices:
One for each 300 square feet of gross floor area;
!minimum of four.
7. Car wash (coin-operated), self-service or attendant-
iloperated:
Three for each stall, plus one for each employee.
8. Children's homes:
One for each four beds, plus one for each
'.employee.
,19.62.050 Number of spaces required for designated 9. Churches and private schools:
uses. One for each three and one-half seats in an
In the case of any building, structure or premises, the auditorium or one for each 17 classroom seats, whichever
use of which is not specifically mentioned herein, or in the ' is greater.
opinion of the approving authority is not similar to any use 10. Dancehalls and assembly halls without fixed seats
Ifound herein, the approving authority may apply a ratio
' ,
and exhibition halls, except church assembly rooms in
;based on a similar existing use not found herein. In '..conjunction with auditoriums, nonprofit clubs and lodges:
'computing parking requirements, a resultant fractional One for each 50 square feet of floor area used for
apace of one-half shall count as a full space. ',assembly or dancing.
The number of off-street parking spaces required shall 11. Dwellings, single-family, duplex:
be as set forth in the following: ~ Two for each family or dwelling unit; both spaces
Businesses or Use and Number shall be in a garage with a minimum area of 400 square
of Spaces Required 'feet (see Chapter 19_22 CVMC for remodeling of garages).
1. Auctions (See CVMC 19.04.015 and 19.58.055): I 12. Dwellings, townhouses:
~ At the time of application for a conditional use Two for each dwelling unit; both spaces shall be in
I
permit, the applicant shall submit parking information a garage or carport, a minimum area of 400 square feet.
jjustifying the amount of parking proposed to be provided 13. Dwellings, multiple:
~ and the parking ratio. The information must consist of data One and one-half per unit for each studio or one-
(
upon which the approving authority can reasonably base a bedroom apartment.
j determination of adequacy, such as expected patronage or j Two per unit far each two-bedroom apartment.
a comparison with the patronage of similar uses. Said ' Two per unit for each three-bedroom or larger
'parking ratio shall range from one space for each 50 apartment.*
;square feet of net usable lot area to one space for each `For every 10 parking spaces required, one of this
,4,000 square feet of net usable lot area. total may be a "compact" space.
Note: For purposes of this subsection, "net usable lot Note: No parking space shall be located within 20 feet of
jarea" means the area of the parcel exclusive of setbacks, ~ahy curb return of intersection streets, or eight feet of any
slopes, easements, required right-of-way dedications or ,;side property line, unless approved by the city traffic
other constraints which would preclude use of the land. If !engineer.
'complaints are filed with the city regarding impacts related 14. Funeral homes and mortuaries:
to off-site parking, the project shall be modified to add One for each four seats of the aggregate number
',additional parking for employees and customers, and/or by Iof seats provided in all assembly roams of the mortuary.
'.reducing the auction and/or storage area, subject to the ',i 15. Furniture and appliance stores, and household
;review and approval of the development services director ;,equipment or furniture repair shops:
One for each 600 square feet of floor area.
marvl Page 94 1 f1 -1 4 04/14/~0109~9/~9-1-9
EXHIBIT A
', 16. Hospitals:
One and one-half for each bed.
17. Nursing homes and convalescent hospitals and
homes for aged:
One for each three beds.
18. Houseboats:
' See dwellings, subsection (11) of this section.
19. Hotels, motels, motor hotels:
', One space for each living or sleeping unit, plus
I one space for every 25 rooms or portion thereof to be
',provided on the same lot as use.
20. Machinery sales and service garages:
One for each 400 square feet of floor area.
21. Manufacturing plants, research or testing
'.laboratories, and bottling plants:
I One for each one and one-half persons employed
at any one time in the normal operation of the plant or one
for each 800 square feet, whichever is greater.
i, 22. Medical and dental clinics or offices:
', One for each 200 square feet of gross floor area;
',minimum of five.
23. Mobilehome parks:
Two spaces on each pad, one-third guest space
'per mobilehome located within 400 feet of the farthest unit,
i,and at the community center, one space for each five pads
up to 50 pads and one space for each 10 pads thereafter.
!, 24. Restaurants, bars and night clubs:
i One for each two and one-half permanent seats,.
excluding any dance floor or assembly area without fixed
seats which shall be calculated separately as one space
,per 50 square feet of floor area.
25. Restaurants -Drive-in, take-out, snack stands:
15 spaces (minimum). Queue space for a
minimum of five cars shall be provided for each drive-uo
service window or position. The queue space for each car
shall be 10 feet wide and 20 feet long. Required queue
spaces shall not obstruct access to parking aisles, parking
spaces, or pedestrian circulation.
I 26. Retail stores, shops, etc., except as provided for
'furniture stores, in subsection (15) of this section:
i One for each 200 square feet of floor space.
' 27. Rooming and lodging houses:
!~ One for each bedroom.
!, 28_Schools:
Elementary -one per teacher or employee, plus
spaces.
Junior high -one per teacher or employee, plus
spaces.
High -one per four students.
30.2& Sports arenas, auditoriums, theaters, assembly
halls and meeting rooms:
One for each three and one-half seats of
maximum seating capacity.
3139. Wholesale establishments, warehouses, service
'.and maintenance centers, and communication equipment
'buildings:
One for each one and one-half persons employed
!, at one time in the normal operation of the establishment, or
',one for each 1,000 square feet, whichever is greater.
.(Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1,
1979; Ord. 1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.801(E)).
',19.62.060 Parking areas -Development and
maintenance generally.
Every parcel of land hereafter used as a public or private
parking area, including a commercial parking lot and also
an automobile, farm equipment, or other open-air sales lot,
shall be developed and maintained in accordance with the
requirements set forth in CVMC 19.62.070 through
19.62.120. and the Citv of Chula Vista Parkins Table. as
may be amended from time to time . Where five or more
required spaces are provided each space shall be clearly
delineated with paint or other more durable material
contrasting in color with the surface to which it is applied.
(Ord. 1212 § 1, 1969; prior code § 33.801(F))
119.62.070 Parking areas -Curbing required when -
iSpecifications.
Off-street parking areas for more than three vehicles
shall be provided with a suitable concrete curb or
"..horizontal timber barrier not less than six inches in height,
,located not less than two feet from any street walkway or
'alley right-of-way line. All curbs or barrier's shall be
,permanently anchored in a manner satisfactory to the
I director of public works, to confine vehicles entirely within
said premises, except in those cases where a wall is
iptovided on the boundaries of the premises which, in the
,,opinion of the zoning administrator, is of such construction
as to suitably protect the adjoining property. (Ord. 1212
';§ 1, 1969; prior code § 33.801 (F)(1)).
19.62.080 Parking areas -Screening requirements.
Off-street parking areas for more than five vehicles shall
1be effectively screened by a 10-foot-wide landscaped strip
' and a masonry wall or fence of acceptable design. Such
(wall or fence shall be not less than three and one-half feet
'or more than six feet in height and shall be maintained in
'.good condition without any advertising thereon. The
,requirements specified herein may be eliminated in whole
!or in part where, in the opinion of the zoning administrator,
',such requirements are not necessary for the proper
;protection of abutting property because of substantial
'.grade differentials, the existence of adequate walls or other
',equally valid reasons. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
j1969; prior code § 33.801(F)(2)).
',19.62.090 Parking areas -Landscaping.
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EXHIBIT A
The total parking area shall be landscaped in
.accordance with the landscape manual of the city. (Ord.
',1212 § 1, 1969; prior code § 33.801(F)(3)).
19.62.100a Parking areas -Surfacing requirements -
Waiver permitted when.
Any off-street parking areas shall be surfaced in
'.accordance with CVMC 19.62.100b„ Surfacing °a;~,enrt
',standards, so as to provide a durable and dustless surface,
land shall be so graded and drained as to dispose of all
~~surface water accumulated within the area, and shall be so
;arranged and marked as to provide the orderly and safe
loading or unloading and parking and storage of vehicles.
i:The planning commission or china vista redevelopment
icorporation for projects within a designated redevelopment
I groiect area, may;_ by resolution, waive or modify the
standards for any use within the agricultural zone, or any
use deemed as temporary (operating for a maximum of
one year); provided, however, such temporary use shall be
!done in accordance with the surfacingpavemeni standards
noted in CVMC 19.62.100b (A). (Ord. 2743 § 3, 1998; Ord.
'.1212 § 1, 1969; prior code § 33.801(F)(4)).
I'~19.62.100b Surfacina°°•, a.~..,~,^•^^'standards for private
',vehicular areas.
Areas upon private property which are required to be
surfacedpaved per the various city regulations, or pursuant
to conditional approval of the planning commission, or
china vista redevelopment corporation for projects within a
designated redevelopment groiect area shall be
surfacedpaved in accordance with the requirements
contained herein and with the standard specifications for
public works construction and any amendments or
supplements thereto, including the San Diego regional
supplement amendments and the city of Chula Vista
standard special provisions. Such requirements shall apply
to all areas to be surtacedpaved for the movement, parking
or storage of vehicles except as specifically noted.
I A. Temporary Use (Maximum of One Year). Temporary
!, surfacingp^•~a^t shall consist of permeable road base
'material suitable for light traffic or other intended use twe
^ti°~ nF c~..,n^n!°rt dace.„ n^nrt r.. + .I, ! I,
.. ..r...,...,. ,,,p.,,,,,,, g,...., ~~.,o,.
IeFaalsier:-to form a permeable•••~!^r..~re~.,°'°!^^! and dust-free
'',weaving surface. Th° ,_ +.nu °,., ! ;o„ sh..ll ~,° I ,+ ..!
,p2c;f:°d ::~°~r;ng c..:f;.ce. A weed killer shall be applied to
!,the entire area to be surtacedpaaed in accordance with the
;manufacturer's recommendations.
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err
^ BS. Permanent Use (for areas less than 5.000 square
(feet .Permanent pavement for areas less than 5.000
square feet shall consist of a minimum of two inches of
~ asphaltic concrete pavement with seal coat,_ as-daor;„~•'
^~'°. .._,., pc..,,,.,,,,,,t ,,,,~~~, applied over afour-
~inch-thick Class II aggregate base or better. Aggregate
base shall comply with Section 400-2 of the San Diego
',regional supplement amendments and shall be compacted
!to 95 percent minimum relative compaction per ASTM D-
',1557. Native subgrade shall be graded, scarified, and
'compacted to 95 percent minimum relative compaction per
ASTM D-1557 to a minimum depth of six inches prior to
'application of the asphaltic concrete structural section.
'Permanent areas less that 5.000 square feet for the
'.storage only of passenger-type vehicles may be surfaced
paved as specified under "temgorarv "~-permaa~rt
'use." This provisionr°^'~~^!^^ ^ ~+r ^+ r^I ^°^!'^^ shall
.apply only to the specific storage areas and does not
,include areas designated for parking or movement of
,vehicles. (Ord. 2743 § 3, 1998).
C. Permanent Use (for areas greater than 5 000 square
''feet). Permanent pavement for areas greater than 5 000
bioretention areas. Such LID and Treatment Control Best
'IManagement Practices (BMPsI shall be designed in
'iaccordance with acceptable design standards established
in the Citv's Development Storm Water Manual Pervious
~'.navamenTe I Ir1 fo~fiiroc onrl Trm+mon+!"nn+rnl RAADe
R Cnm' Dnr...~n°n! I Icn innn„~.„ .,, nF ~~ v '~ 19.62.110 Limitation on areas to be used.
c°m + r^ + ti u + F i No part of any front yard or exterior side yard (i.e., street
'~ side of a corner lot) shall be used for off-street parking or
!,access, except as noted in CVMC 10.84.020 and
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EXHIBIT A
,19.62.150, unless so authorized by the zoning
!administrator, pursuant to an approved site plan. (Ord.
12743 § 3, 1998; Ord. 2176 § 6, 1986; Ord. 1212 § 1, 1969;
!prior code § 33.801 (F)(5)).
19.62.120 Parking areas -Lighting arrangements.
i, Lighting used to illuminate any off-street parking area
I shall be so arranged as to reflect the light away from
adjoining premises in any R zone. (Ord. 1212 § 1, 1969;
prior code § 33.801(F)(6)).
19.62.130 Waiver or modification of provisions
!permitted when.
The commission or Chula vista redevelopment
'corporation for aroiects within a designated redevelopment
~ proiect area. may;_ by resolution, waive or modify the
(provisions as herein set forth, establishing required parking
'.areas far such uses as electrical power generating plants,
lelectrical transformer stations, utility or corporation storage
yards or other uses requiring a very limited number of
,,persons as compared to the number of persons required
by the usual industry of comparable size expressed in
square footage. (Ord. 1212 § 1, 1969; prior code
19.62.140 Off-street loading -Number and size of
spaces to be maintained.
A. For every building or part thereof having a gross floor
area of 10,000 square feet or more, which is to be
occupied by a commercial or industrial use requiring the
receipt of distribution by vehicles of materials or
merchandise, there shall be provided and maintained, on
the same lot with such building, at least one off-street
loading space plus one additional such loading space for
each additional 40,000 square feet or major fraction
thereof.
B. Each loading space shall be not less than 10 feet in
width, 25 feet in length, and 14 feet in height clearance.
C. If such space occupies any part of any required yard
or court spaces, it may not be located closer than 50 feet to
any lot in any R zone, unless enclosed by a masonry wall
not less than eight feet in height. (Ord. 1212 § 1, 1969;
prior code § 33.802).
19.62.150 Residential parking -Front setback
restrictions -Generally.
No required parking spaces or required maneuvering
area may be located in the front or exterior setback area
(except as noted in CVMC 10.84.020); the total
combination of driveways and adjacent parking areas shall
not occupy more than 50 percent of the front or exterior
side yard. (Ord. 2176 § 6, 1986; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.803(A)).
19.62.160 Residential parking -Front setback
restrictions -Exceptions.
In those cases where street improvements are at their
ultimate width, the front setback area, for parking
''.purposes, may be measured from the back of the sidewalk.
((Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.803(8)).
',19.62.170 Residential parking -Two-car garage
requirement -Intent and purpose.
It is the intent of this section and CVMC 19.62.180 and
19.62.190 to require that all dwelling units in the A, R-E, R-
1 and R-2 zones as well as single-family and two-family
!developments in the P-C zone shall have constructed on
he same lot, as a necessary and essential accessory
i building to the residential use of said lot, atwo-car
lenclosed garage containing a minimum of 400 square feet
'and minimum dimension of 20 feet. The purpose of said
(requirement is to provide adequate off-street parking so as
to alleviate the congestion on residential streets and space
;for the necessary storage of materials in an enclosure. The
ehclosed garage is necessary to protect the general
!welfare of residential areas by preventing the
establishment of parking spaces in an open parking lot
',situation inappropriate to residential development and the
'open and disorderly display of gardening equipment, tools,
boxes and other materials which would be stored in
''.enclosures to avoid an unsightly appearance. (Ord. 2151
i§' 1, 1986; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
'(code § 33.803(C)(1)).
19.62.180 Residential parking -Two-car garage
requirement -Garage setbacks.
Notwithstanding requirements contained in this chapter,
i minimum front yard shall be 22 feet from the inside edge of
ithe sidewalk to the door of a garage or structure of a
!carport in the case of a driveway approximately
II perpendicular to the front property line. Any garage that
has its access from an alley shall be located 25 feet from
ithe opposite side of the alley with a minimum setback of
jfive feet from the alley. (Ord. 1356 § 1, 1971; Ord. 1212
'i§ 1, 1969; prior code § 33.803(C)(2)).
19.62.190 Residential parking -Procedure for conversion
to living purposes -Approval required.
Prior to the issuance of a building permit for the
conversion of any existing garage or carport for living
!purposes, the property owner desiring such conversion
'.shall be required to meet the following conditions:
' A. A new enclosed two-car garage as set forth in CVMC
19.62.170 shall be provided to replace the garage or
carport being converted. Tandem parking as provided in
'ahis chapter will not satisfy the parking requirements.
B. All plans for the conversions of existing garages or
;carports for living purposes, as well as plans for new
'.garages, shall be submitted to the development services
planning-department for approval by the zoning
ladministrator to insure that the conversion is compatible in
~~design and materials with the existing dwelling. Plans for
',garage conversions shall show either:
1. The exterior of the garage unchanged; or
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EXHIBIT A
2. The exterior of the garage fully altered to match
the existing house elevation in colors, materials and trim.
C. A filing fee as set forth in the master fee schedule
,shall accompany each application for a garage conversion.
(Ord. 2151 § 2, 1986; Ord. 2011 § 1, 1982; Ord. 1669 § 1,
1976; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
!i§ 33.803 (C)(3)).
19.62.200 Enforcement of this chapter.
The development services plaaaiag-aad-build+ag
,director, code enforcement officers and other employees
designated by the development servicesplanainQ-ate
Ihaild+ag director shall have the authority to enforce this
'chapter in accordance with the procedures as set forth in
iChapters 1.40 and 1.41 CVMC. Any violation of this
:.chapter shall constitute an infraction, and the
!administrative citation provisions contained in Chapter 1.41
'CVMC shall be applicable. (Ord. 2790, 1999; Ord. 2718
§ 1, 1998; Ord. 2176 § 7, 1986).
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EXHIBIT A
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EXHIBIT A
marvl Paoe 100 1 Q-130 04/14/2010Q~,4?~,~'""
EXHIBIT A
Chapter 19.64
PREVIOUSLY CONFORMING USES
Sections
19.64.010 Puroose and Intent
19.64.020 Defnitions.
19.64.030 Previouslv conforming use
Continuation of -Generally
19 64 040 Previouslv conforming use -Expansion
19.64 050 Previouslv conforming use -Expansion
- Conformance to pertormance
standards.
19.64 060 Previouslv conforming use -Expansion
of-Approval Process.
19.64.070 Previouslv conforming use -Outdoor
" uses subject to fence requirements -
Time limit for conformance.
19.64.080 Previouslv conforming use
Abandonment.
19.64.090 Previouslv conforming structure
Continuation -Generally.
19.64.100 Previouslv conforming structure
Continuation - Construction started
prior to regulation change.
19.64110 Previouslv conforming structure
Expansion alteration repair or
replacement -Generally.
19.64.120 Previouslv conforming structure
Expansion or alteration -Setbacks and
height.
19.64130 Previouslv conforming structure
Fxnancinn nf-Gnnrrnial Prnrocc
Re air
19 64 150 Previouslv conforming structure
Replacement -Residential.
19.64.160 Previouslv conforming structure -
Replacement -Nonresidential.
19.64.170 Previouslv conforming structure
Replacement -Conditions of.
19.64.180 Previouslv conforming structure
Reconstruction permit -General.
19.64.190 Previouslv conforming structures -
Reconstruction permit -Findings.
19.64.200 Previouslv conforming structure
Reconstruction permit-Conditions.
19.64.210 Previouslv conforming structure
Replacement Modification of
provisions permitted when.
19.64.220 Previouslv conforming structure
Abandonment.
19.64.010 Purpose and Intent
It is the general policv of the city to ensure that
uses and structures that do not conform with existing
regulations. either be brought into compliance with such
regulations. discontinued. or removed. The purpose of this
section is to provide certain limited exceptions to the
general policv for those uses and structures that were
established and/or constructed in compliance with all
applicable regulations at the time of development and
which are compatible with surrounding development
although they do not conform with existing regulations
of -Generally. 19.64.020 Definitions.
Whenever anv words or phrases used in this
chanter are not defined herein but are defined in other
marvl Paee 101 04/14/2010~3/~810
EXHIBIT A
sections of the city of Chula Vista's Municipal Code or in
the certified local coastal program of the city such
definitions shall be incorporated herein and shall apply to
such words or phrases used herein as though set forth fully
herein unless context clearly indicates a contrary intention.
A. "Development" means the uses to which land is
put the buildings constructed thereon, and all alterations of
the uses land and construction incident thereto.
B. "Previously conforming structure" means any
structure existing as of July 8, 1969. any structure on
property annexed into the City after such date and that was
established in compliance with the applicable regulations at
the time of its construction, or any structure that was
established in compliance with the applicable regulations at
the time of its construction, which based on changes in
zoning or annexation into the city. no longer complies with
zoning regulations.
C. "Previously conforming use' means any use on
a property existing as of July 8 1969 any use on a
property annexed into the city after such date which was
established in compliance with applicable regulations at the
time of its initiation or any use on a property established in
compliance with applicable regulations at the time of its
initiation which based on subsequent changes in zoning
no longer complies with zoning regulations.
19.64.030 Previously conforming use
Continuation of -Generally.
Except as hereinafter specified. a previously
conforming use may continue only if the following
conditions are satisfied:
A. The city determines that the continuation of the
previously conforming use does not endanger the health
safety or general welfare of the public.
B. The use has not been abandoned pursuant to
section 19.64.080
C. The owner or person claiming previously
conforming status provides the director of development
services sufficient documentation supporting a claim that
the use is previously conforming.
D. The use has not been brought into conformance
with existing zoning regulations.
19.64.040 Previously conforming use -Expansion of
- Generally.
A previously conforming use may be expanded if
specific findings are made by the Zoning Administrator that
indicate the previously conforming use represents a long-
term or traditional use of the site and is compatible with the
surrounding area
19.64.050 Previously conforming uses -Expansion -
Conformance to performance standards.
If a previously conforming use is permitted to
expand. measures shall be adopted as necessary to
conform with the applicable performance standards as set
forth in CVMC Section 19.66.
19.64.060 Previously conforming use -Expansion of
-Approval Process
The approval process for expansion of a previously
conforming use shall be pursuant to CVMC Sections
19.14.030 or 19.14.040. as applicable.
19.64.070 Previously conforming use -Outdoor uses
subject to fence requirements Time limit for
conformance.
Anv previously conforming use that is conducted
outdoors. but is required to be conducted wholly within an
enclosed building or screened from public view as required
in the zone. shall be required to obtain site plan and
architectural approval pursuant to CVMC 19.14, following
notification by the appropriate authority. Otherwise said
use shall be abated within sixty days from the date of
notification
19.64.080 Previously conforming use
Abandonment.
A previously conforming use shall be deemed
abandoned if such use has not been in use or operation or
has ceased for 12 consecutive months. If the previously
conforming use has been discontinued for the purpose of
repair, remodeling or reconstruction, the maintenance of
an active construction permit and continuance of a
business license shall constitute conclusive evidence that
such use has not been abandoned during the period of
repair remodeling or reconstruction, provided the work is
conducted diligently to completion.
The Director of Development Services may extend.
for no longer than six months. the period of abandonment
identified in section 19.64.080, due to demonstrated,
overriding. economic hardship during periods of regional
economic distress
19.64.090 Previously conforming structure
Continuation -Generally.
Except as hereinafter specified, a previously
conforming structure may continue subject to the
conditions herein provided all of the following conditions
are satisfed:
A The city determines that the continuation of the
previously conforming structure does not endanger the
health safety or general welfare of the public.
B. The structure has not been abandoned
pursuant to section 19.64.220
C. The owner or person claiming previously
conforming status provides the director of development
services sufficient documentation supporting a claim that
the structure is previously conforming.
D. The structure has not been brought into
conformance with existing zoning regulations.
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EXHIBIT A
19.64.100 Previouslv conforming structure
Continuation -Construction started prior to regulation
change.
A building structure or part thereof for which
construction has begun prior to a change in regulations
which change would make the structure once completed a
nonconforming structure, may be completed in accordance
with the approved permit and plans, provided the work is
implemented continuously and without delay. Such
structure shall be deemed to be a Previouslv conforming
structure and shall thereafter be subiect to the regulations
set forth herein.
19.64.110 Previouslv conforming structure
Expansion, alteration, repair, or replacement -Generally.
A__ Previouslv conforming structure may be
expanded. altered, repaired, or replaced in the manner and
subiect to conditions provided for herein.
19.64.120 Previouslv conforming structure
Expansion or alteration -Setbacks and height.
Anv Previouslv conforming structure that is
nonconforming due solely to an intrusion into a setback
and/or exceeds height limitations shall be permitted to
expand provided the expansion does not increase the
intrusion into the setback or the current height of the
structure, as shown below, and such expansion complies
with all other provisions of the code.
Expansion area
Original
Stmdure
m'
Current Setback Regulation
Proposed Builtling Expansion ErisYng Previously Conkrming Builtling
Existing Maximum
Builtling HeigM1~ 25~
RegulaEon
35'
19.64.130 Previouslv conforming structure
Expansion of -Approval Process
The approval process for expansion of a Previouslv
conforming structure shall be pursuant to CVMC Sections
19.14.582 (A) or (I) as applicable.
19.64.140 Previouslv conforming structure -Repair
Except as otherwise provided by law. Previouslv
conforming structures may be repaired or maintained as
required to keep such structure in safe and sound
condition: however no structural alterations shall be made
except such as are required by law or ordinance or
authorized as permitted herein.
19.64.150 Previouslv conforming structure
Replacement- Residential.
Anv Previouslv conforming residential unit incurring
damage by fre, explosion. wind. earthquake, war, riot, or
other calamity or act of God may be reconstructed. subiect
to the conditions in Section 19.64.170.
19.64.160 Previouslv conforming structure
Replacement- Nonresidential.
A. A Previouslv conforming nonresidential structure
incurring damage by fire explosion. wind earthquake war
riot. or other calamity or act of God which damage does
not exceed 60 percent of its value as established by the
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EXHIBIT A
City Manager or designee at the time of damage, may be
reconstructed subject to the conditions in Section
19.64.170.
1. Notwithstanding Section 19.64.160(A)
reconstruction shall not be permitted in the city right-of-
way.
19.64.200 Previously conforming structure
Reconstruction permit-Conditions. Anv
reconstruction permit issued shall require that the structure
being reconstructed meet current building codes.
19.64.210 Previously conforming structure
B. In no event shall a previously conforming
nonresidential structure incurring damage exceeding 60
percent of its value as established by the City Manager or
designee at the time of damage, be reconstructed or
restored to its condition prior to such damage.
19.64.170 Previously conforming structure
Replacement -Conditions of.
A. In order to reconstruct a previously conforming
nonresidential structure in accordance with Sections
19 64.160 building permits must be applied for within 6
months of the event causing such destruction, and the
construction must reach substantial completion within two
(2) years of the event. Said reconstruction shall meet all
applicable building code requirements in place at the time
of reconstruction and shall not be built beyond the existing
building footprint.
B. Reconstruction that does not satisfy the
conditions in Section 19.64.170(A) shall be deemed
nonconforming the permits issued shall be void, and such
construction if initiated shall either be abated or brought
into compliance with all existing regulations as of the date
anew construction permit is issued.
19.64.180 Previously conforming structure
Reconstruction permit -General.
Reconstruction of a previously conforming
structure shall require the issuance of a reconstruction
ep rmit.
19.64.190 Previously conforming structures
Reconstruction permit -Findings.
The zoning administrator may approve a
reconstruction permit only after making all of the following
findings:
A. The reconstruction of the previously conforming
structure will not be detrimental or incurious to the
neighborhood or public welfare based upon factors
including but not limited to parking, traffic, noise, and
incompatible land uses in the immediate surrounding area.
B. The reconstruction as planned will not increase
the previously conforming aspect of the original structure.
C. There are specific site constraints affecting the
property which would make conformance with current
zoning regulations an undue hardship and burden on the
property owner. Such site constraints include, but are not
limited to. minimal street frontage or limited vehicular
access to the site.
D. The previously conforming structure will have
the same use as immediately prior to the event causing the
damage to the structure.
Replacement -Modification of provisions permitted when
Requirements prohibiting restoration or
reconstruction or requiring abandonment of previously
conforming structures may be modified for such structures
if the previously conforming status is based solely on yard
and/or height requirements.
The Director of Development Services may waive
certain other current development standards including
building setbacks and landscaping regulations based upon
hardship and upon the finding they will not cause a
detrimental impact to the surrounding area.
19.64.220 Previously conforming structure
Abandonment.
A previously conforming structure shall be deemed
abandoned if such structure has not been occupied for 12
consecutive months. If the previously conforming structure
has been unoccupied for the purpose of repair, remodeling,
or reconstruction the maintenance of an active
construction permit and a continuance of a Business Tax
Certificate shall constitute conclusive evidence that such
structure not been abandoned during the period of repair,
remodeling or reconstruction provided the work is
conducted diligently to completion.
The Director of Development Services may extend,
'for no longer than six months the period of abandonment
identified in section 19.64.220 due to demonstrated
;overriding, economic hardship during periods of regional
economic distress
marvl Paoe 104 ip-134 04/14/2010n"'''~''~o
10-135
EXHIBIT A
19.30.080 Off-street parking.
Off-street parking is required for all uses in the C-O
zone, as provided in CVMC 19.62.010 through
19.62.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.506(H)(1)).
19.30.090 Parking and loading facilities.
In any C-O district directly across a street or
thoroughfare (excluding a freeway) from any R
district, parking and loading facilities shall be distant
at least 10 feet from said street and said setback shall
be permanently landscaped. (Ord. 1356 § 1, 1971;
Ord. 1212 §1, 1969; prior code § 33.506 (H)(2)).
19.30.100 Nonresidential uses in residential
structures.
Nonresidential uses permitted in this zone shall be
located in buildings designed for nonresidential uses;
except, that such uses may be located in existing
residential structures existing at the time of the
adoption of the ordinance codified in this title,
remodeled for said use and subject to site plan
approval by the planning commission. Such buildings
may be enlarged, providing that all provisions of this
title are complied with. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.506(H)(3)).
19P31~I~g~~c~~~~C-O zone shall conform to
the requirements as specified in the landscape
manual and approved by the director of planning. Any
parking visible from the street shall be screened with
an appropriate screen not less than four feet in height
or"a masonry wall of three and one-half feet in height.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.506(H)(8)).
19.30.160 Performance standards.
All uses in the C-O zone shall be subject to initial
and continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.506(H)(8)).
C-B-ZONE Repealed and Replaced with Urban
Core Specifc Plan (in 2007)
19.30.110 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in the C-O zone, as required in CVMC
19.14.420 through 19.14.480. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.506(H)(4)).
19.30.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in the C-O zone only
when incidental to permitted or accessory uses
located on the same premises; and provided, that:
A. Storage area shall be completely enclosed by
walls, fences or buildings and shall be part of an
approved site plan;
B. No outdoor storage of materials or equipment to
a height greater than that of any enclosing wall, fence
or building shall be permitted. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.506(H)(5)).
19.30.130 Trash storage areas.
Trash storage areas in the C-O zone are subject to
the conditions of CVMC 19.58.340. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.506
(H)(6)).
19.30.140 Wall requirements.
Zoning walls shall be provided, subject to the
conditions of CVMC 19.58.360. (Ord. 1356 § 1, 1971
Ord. 1212 § 1, 1969; prior code § 33.506 (H)(7)).
EXHIBIT A
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EXHIBIT A
Chapter 19.34
C-N -NEIGHBORHOOD COMMERCIAL ZONE
Sections:
19.34.010 Purpose and intent.
19.34.020 Permitted uses.
19.34.030 Conditional uses.
19.34.040 Repealed.
19.34.050
Height requirements.
i
19.34.060 Area, lot width and yard
requirements.
19.34.070 Additional conditions and
requirements.
19.34.080 Enclosures required for all uses -
Exceptions.
19.34.090 Restrictions on sales of goods.
19.34.100 Site plan and architectural approval
required.
19.34.110 Off-street parking and loading
facilities.
19.34.120 Employee activity restrictions.
19.34.130 Market analysis required when.
19.34.140 Curb cuts and internal traffic
circulation -Approval required.
19.34.150 Shopping centers -Presentation as
planned development required.
19.34.160 Design of buildings.
19.34.170 Hours for conducting business.
19.34.180 Evidence of certain compliance
required annually.
19.34.190 Trash storage areas.
19.34.200 Wall requirements.
19.34.210 Landscaping.
19.34.220 Prohibited uses.
19.34.230 Existing nonconforming shopping
centers -Conformance with rules and
regulations required when -Time
limit.
19.34.240 Performance standards.
19.34.010 Purpose and intent.
The purpose of this chapter is to provide a
shopping center for convenience shopping in a
residential neighborhood where analysis of residential
population demonstrates that such facilities are
necessary and desirable. C-N zoning shall be applied
to property having a minimum area of three acres and
a maximum area of eight acres. It is the intent of the
city council to insure that the character of the C-N
zone will be compatible with and will complement the
surrounding residential area. Therefore, parking
areas must be landscaped as required herein, in
marvl Paoe 44 10-138 04/14/20109~?9,~&1-9
EXHIBIT A
order to relieve the barren appearance which most
parking lots possess. It is further the intent of this
chapter to prescribe the number, type, size and
design of all signs to protect the general welfare of
the surrounding residential property owners and of
the merchants and property owners within the
shopping center by avoiding wasteful and costly
competition among sign users resulting from the
uncontrolled use of signs. (Ord. 1212 § 1, 1969; prior
code § 33.508(A)).
19.34.020 Permitted uses.
The following are the principal permitted uses in a
C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agency with incidental
pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including
entertainment, dancing or sale of liquor, beer, or other
alcoholic beverages for consumption on the premises
or drive-in car service;
H. Commercial parking lot for passenger vehicles,
subject to the requirements of CVMC 19.62.010
through 19.62.130;
I. Coin-operated laundry, with maximum capacity
washing units of 20 pounds and comparable drying
equipment, and clothes-cleaning agency;
J. Any other retail business or service
establishment supplying commodities or performing
services for residents of the neighborhood which is
determined by the planning commission to be of the
same general character as the above-mentioned
retail business or service uses, and open during
normal business hours of the above uses;
K. Accessory uses and buildings customarily
appurtenant to a permitted use, such as incidental
storage facilities and satellite dish antennas, in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9);
L. Agricultural uses as provided in CVMC
19.16.030. (Ord. 2526 § 2, 1992; Ord. 2108 § 1,
1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.508(B)).
r
A. Automobile service stations, in accordance with the
',provisions of CVMC 19.58.280;
B. Sale of beer or other alcoholic beverages for
',consumption on the premises only where the sale is
incidental with the sale of food;
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C€. Roof-mounted satellite dishes, subject to the
.standards set forth in CVMC 19.30.040;
D~. Recycling collection centers, subject to the
provisions of CVMC 19.58.345;
E6. Automated, drive-through car washes, in
accordance with the provisions of CVMC 19.58.060;
F#. Establishments contained in the list of permitted
'uses above, but which include the sale of alcoholic
'beverages for off-site use or consumption, including any
new facilities and any facilities which expand the area
':devoted to alcohol sales or which require the issuance of a
',type of alcoholic beverage license by the State Alcohol
Beverage Control different from the license previously held,
lin accordance with the procedures in CVMC
19.58.34014-039;
G4. Liquor store (package, off-sale only), in accordance
(with the procedures in CVMC 19.58.34044-930;
Hd. Drive-through restaurants, those fast food facilities
!offering drive-through lanes in which food is both ordered
sand picked up from the vehicle, and taken off-site for
consumption; but not including "drive-in" restaurants, those
lot which food is ordered from and consumed in the parked
'scar on the premises.
J. Unclassified uses, see Chapter 19.54 CVMC. (Ord.
12715 § 3, 1998; Ord. 2560 § 3, 1993; Ord. 2552 § 1, 1993;
Ord. 2526 § 3, 1992; Ord. 2491 § 2, 1992; Ord. 2252 § 2,
',1988; Ord. 2233 § 2, 1987; Ord. 2152 § 1, 1986; Ord. 2108
'§ 1, 1985; Ord. 1571 § 1, 1974; Ord. 1356 § 1, 1971; Ord.
',1212 § 1, 1969; prior code § 33.508(C)).
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone:
the
19.34.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 7, 1989; Ord. 1734 § 1, 1977; Ord. 1575 § 1, 1974;
Ord. 1356 § 1, 1971; Ord. 1275 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.508(D)).
19.34.050 Height requirements.
maryl Pa¢e45_~,no__T~~ 04!14/2010^^z/~,-9
EXFIIBIT A
No principal building shall exceed two and one-half
stories or 35 feet in height, and no accessory building
shall exceed one and one-half stories or 15 feet in
height, except as provided in CVMC 19.16.040. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
S 33.508(E)).
19.34.060 Area, lot width and yard requirements.
The following minimum lot area and yard
requirements shall be observed in the C-N zone,
except as provided in CVMC 19.16.020 and
19.16.060 through 19.16.080, and where increased
for conditional uses:
In a C-N zone, goods for sale shall consist
primarily of new merchandise and shall be sold at
retail on the premises. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(2)).
19+.34.100 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in a C-N zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.508(G)(3)).
Setbacks in Feet
Front and
Lot Area* (sq. Exterior Side
ft.) Yards Side Rear
5,000 15 feet* for None, except when None, except when abutting an R district, then not less than
buildings abutting an R district, 15 feet; provided, however, that where such yard is
Zero feet for then not less than 15 contiguous and parallel with an alley, one-half the width of
signs feet such alley shall be assumed to be a portion of such yard
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning
district.
19.34.070 Additional conditions and
requirements.
The following additional conditions set forth in
CVMC 19.34.080 through 19.34.210 shall apply in a
C-N zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.508(G)).
19.34.080 Enclosures required for all uses -
Exceptions.
Except as otherwise provided, all uses in a C-N
zone shall be conducted wholly within a completely
enclosed building except for service stations, as
stipulated in their conditional use permit, nurseries,
and off-street parking and loading facilities and
sidewalk cafes. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(1)).
19.34.090 Restrictions on sales of goods.
19.34.110 Off-street parking and loading facilities.
Off-street loading and parking is required for all
uses in a C-N zone, as provided in CVMC 19.62.010
through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.508 (G)(4)).
19.34.120 Employee activity restrictions.
The number of employees in any business
establishment in a C-N zone shall be limited to those
necessary for the conduct of the on-site business and
no person shall be engaged in the activity of
processing, fabricating or repairing goods for delivery
or sale at other locations. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(5)).
19.34.130 Market analysis required when.
A market analysis showing demand for new or
additional C-N facilities shall be submitted together
with any application for rezoning of a new C-N district,
or extension by one acre or more of any existing C-N
140
EXHIBIT A
district. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(6)).
19.34.140 Curb cuts and internal traffic circulation
-Approval required.
All curb cuts and internal traffic circulation for
ingress and egress shall be approved by the planning
commission subject to a recommendation from the
city traffic engineer. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(7)).
19.34.150 Shopping centers -Presentation as
planned development required.
Shopping centers proposed to be located in a C-N
zone shall be presented as a planned development;
each unit shall then proceed in accordance with the
approved planned development. (Ord. 1212 § 1,
1969; prior code § 33.508(G)(8)).
19.34.160 Design of buildings.
All buildings in a C-N zone shall be designed so as
to be compatible with surrounding neighborhood; and
the general character of the development shall
continue and promote the established theme of the
community. (Ord. 1212 § 1, 1969; prior code
§ 33.508(G)(9)).
19.34.170 Hours for conducting business.
No business shall be open in a C-N zone between
the hours of 11:00 p. m. and 7:00 a.m., unless
specifically approved by the planning commission.
(Ord. 1212 § 1, 1969; prior code § 33.508(G)(10)).
The site shall be landscaped in conformance with
the landscape manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.508 (G)(14)).
19.34,220 Prohibited uses.
Uses expressly prohibited in a C-N zone include:
A. Residential uses;
B. Any combination of residential and
nonresidential uses on a lot, parcel of land, or in any
structure thereon;
C. Industrial uses;
D. Public address systems and/or loudspeakers
outside of any building. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.508(H)).
19.34.230 Existing nonconforming shopping
centers -Conformance with rules and regulations
required when -Time limit.
All existing shopping centers which may, in the
future, be classified in the neighborhood-commercial
(C-N) zone shall, within the time established herein,
be made to conform to the requirements and
regulations of the zone as applicable. The planning
department shall submit a letter to the property owner
and managers of the businesses being conducted
within said shopping center, outlining the
requirements and changes necessary to bring the
center into conformance with the zone requirements.
All of said changes shall be accomplished within one
year of the date of such notification. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.508(1)).
19.34.180 Evidence of certain compliance
required annually.
Each year, prior to issuing a business license or
the renewal of a business license, establishments
within the neighborhood shopping center shall
present evidence of compliance with the
requirements of this title, particularly in regard to the
nature of the business as set forth in CVMC
19.34.090 and 19.34.120. (Ord. 1212 § 1, 1969; prior
code § 33.508(G)(11)).
19.34.190 Trash storage areas.
Trash storage areas in the C-N zone are subject to
the conditions of CVMC 19.58.340. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.508
(G)(12))
19.34.200 Wall requirements.
Zoning walls shall be provided in the C-N zone
subject to the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.508(G)(13)).
19.34.210 Landscaping.
19.34.240 Performance standards.
All uses in a C-N zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19.66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior node
§ 33.508(J)).
Chapter 19.36
C-C -CENTRAL COMMERCIAL ZONE
Sections:
19.36.010 Purpose.
19.36.020 Permitted uses.
19.36.030 Conditional uses.
19.36.040 Repealed.
19.36.050 Height regulations.
19.36.060 Area, lot coverage and yard
requirements.
19.36.070 Enclosures required for all uses -
Exceptions.
19.36.080 Setbacks from residential zone -
Landscaping required.
19.36.090 Landscaping.
marvl Pase 47
EXHIBIT A
19.36. ~j~~~@ua@e~t~€>hr~b@@Proval
required.
19.36.120 Off-street parking and loading
facilities.
19.36.130 Trash storage areas.
19.36.140 Outdoor storage.
19.36.150 Wall requirements.
19.36.160 Performance standards.
19.36.010 Purpose.
The purpose of the C-C zone is to stabilize,
improve and protect the commercial characteristics of
the major community business centers. The C-C zone
designation shall only be applied in the general
location of such centers as designated in the Chula
Vista general plan. (Ord. 1212 § 1, 1969; prior code
§ 33.509(A)).
19.36.020 Permitted uses.
Principal permitted uses in the C-C zone are as
follows:
A. Stores, shops and offices supplying
commodities or performing services for residents of
the city as a whole or the surrounding community
such as department stores, specialty shops, banks,
business offices, and other financial institutions and
personal service enterprises;
B. Restaurants, cocktail lounges and night clubs
(dance floors subject to the provisions of CVMC
19.58.115 and Chapter 5.26 CVMC);
C. Bona fide antique shops, but not including
secondhand stores or junk stores;
D. Parking structures and off-street parking lots,
subject to the provisions of CVMC 19.58.230;
E. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
F. Any other retail business or service
establishment which the commission finds to be
consistent with the purpose of this title and which will
not impair the present or potential use of adjacent
properties;
G. Accessory uses and buildings customarily
appurtenant to a permitted use and satellite dish
antennas in accordance with the provisions in CVMC
19.20.030(F)(1)thvough (9);
H. Agricultural uses as provided in CVMC
19.16.030. (Ord. 2273 § 5, 1988; Ord. 2108 § 1,
1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.509(B)).
119.36.030 Conditional uses.
~; The following uses shall be permitted in the C-C zone:
(;provided, a conditional use permit is issued in accordance
(with the provisions of CVMC 19.14.030(A) or 19.14.040 as
!mav be applicable and 19.14.050 through 19.14.090:
r....a.l. ..; .. lt... r r -, ..~i a~
I A. Car washes, subject to the provisions of CVMC
19.58.060;
R CLnFn ..Lc V.'or~! M !Hon nd t 6
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6. Signs in exse,, as es~,;,.~ri..,
1-~6A-544;
Bt3. Automobile rental and towing services;
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I CF,. Social and fraternal organizations (nonprofit),
subject to the provisions of CVMC 19.58.100;
D#. Trailer rentals;
EI. Veterinarian clinics, subject to the provisions of
,CVMC 19.58.050;
i i i~..L.~~~F;va e r~,.,..le. ~o ^n ~VV&tG
F44. Automobile service stations, subject to the
I provisions of CVMC 19.58.280, and automobile
maintenance and repair (minor);
L~ardreerps
I GM. Roof-mounted satellite dishes, subject to the
Ilstandards set forth in CVMC 19.30.040;
I HN. Recycling collection centers, subject to the
,,provisions of CVMC 19.58.345;
19. Mixed commercial-residential projects, subject to the
provisions of CVMC 19.58.205.
The following uses shall be permitted in the C-C zone
Ierovided a conditional use permit is issued by the planning
(commission or chula vista redevelopment corporation for
projects within a designated redevelopment project area, or
'for unclassified uses as defined in CVMC 19.54.020.
J. Skating rinks, subject to the conditions of CVMC
119.58.040:
I K. Billiard parlors subject to the provisions of CVMC
119.58.040:
L. Bowling alleys. subject to the provisions of CVMC
!,19.58.040:
'~ M. Cardrooms:
N. Unclassified uses, see Chapter 19.54 CVMC.
_(Ord. 2633 § 4, 1995; Ord. 2295 § 1, 1989; Ord. 2252
I§ 5, 1988; Ord. 2233 § 5, 1987; Ord. 2160 § 1, 1986; Ord.
'2152 § 2, 1986; Ord. 2108 § 1, 1985; Ord. 1757 § 1, 1977;
Ord. 1746 § 1, 1977; Ord. 1571 § 1, 1974; Ord. 1356 § 1,
',1971; Ord. 1212 § 1, 1969; prior code § 33.509(C)).
19.36.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 8, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971;
Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord. 1212
§ 1, 1969; prior code § 33.509(D)).
19.36.050 Height regulations.
None, except that no building shall exceed three
and one-half stories or 45 feet in height when located
marvl Paoe48 10-142 04/14/20109n4?°,~`'~-moo
EXHIBIT A
adjacent to any C-O or residential zone. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.509(E)).
19.36.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed in the C-C zone,
except as provided in CVMC 19.16.020 and
19.16.060 through 19.16.080 and where increased for
conditional uses:
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.509(G)(3)).
19.36.100 Employee activity restrictions.
In the C-C zone, not more than five persons shall
be engaged in the fabrication, repair and other
processing of goods in any establishment, except
when permitted by conditional use permit. (Ord. 1212
§ 1, 1969; prior code § 33.509(G)(4)).
Setbacks in Feet
Front and
Exterior* Side
Lot Area* (sq. ft.) Yards Side Rear
5,000 25 feet None, except when abutting an None, except when abutting an R district,
R district, then not less than 15 then not less than required for said R
feet district
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning
district.
(Ord. 1356 § 1, 1971; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.509(F)).
19.36.070 Enclosures required for all uses -
Exceptions.
All uses in the C-C zone shall be conducted wholly
within a completely enclosed building, except for
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specified under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.509(G)(1)).
19.36.110 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in the C-C zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.509(G)(5)).
19.36.120 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all uses in the C-C zone, as provided in '19.62.010
through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.509 (G)(6)).
19.36.080 Setbacks from residential zone -
Landscaping required.
In any C-C zone directly across a street or
thoroughfare (excluding a freeway) from any R
district, the parking and loading facilities shall be
distant at least 10 feet from said street, and the
buildings and structures at least 20 feet from said
street and said space permanently landscaped. (Ord
1212 § 1, 1969; prior code § 33.509(G)(2)).
19.36.090 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city and approved by
19.36.130 Trash storage areas.
Trash storage areas shall be provided in the C-C
zone, subject to the conditions of CVMC 19.58.340.
(Ord. 1356 § 1, 1971; Ord. 121.2 § 1, 1969; prior code
§ 33.509(G)(7)).
19.36.140 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in the C-C zone only
when incidental to a permitted or accessory use
located on the premises; and provided, that:
marvl Page 49 , n , ~ 0 04/14/2010~T4?~/''~o
TV--rev
EXHIBIT A
A. Storage area shall be completely enclosed by
walls, fences, or buildings, and shall be part of an
a oa@~y~~ yhtorage of materials or egwpment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.509(G)(8)).
19.36.150 Wall requirements.
Zoning walls shall be provided in the C-C zone
subject to the conditions in CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.509(G)(9)).
19.36.160 Performance standards.
All uses in the C-C zone shall be subject to initial
and continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.509(H)).
Chapter 19.38
C-V -VISITOR COMMERCIAL ZONE
Sections:
19.38.010 Purpose.
19.38.020 Permitted uses.
19.38.030 Conditional uses.
19.38.040 Repealed.
19.38.050 Height regulations.
19.38.060 Area, lot coverage and yard
requirements.
19.38.070 Setbacks from residential zone -
Parking and loading facilities.
19.38.080 Landscaping.
19.38.090 Site plan and architectural approval.
19.38.100 Off-street parking and loading
facilities.
19.38.110 Enclosures required for all uses -
Exceptions.
19.38.120 Outdoor storage.
19.38.130 Wall requirements.
19.38.140 Trash storage areas.
19.38.150 Performance standards.
19.38.010 Purpose.
The purpose of the C-V zone is to provide for
areas in appropriate locations where centers
providing for the needs of tourists and travelers may
be established, maintained and protected. The
regulations of this zone are designed to encourage
the provision of transient housing facilities,
restaurants, service stations and other activities
providing for the convenience, welfare or
entertainment of the traveler. (Ord. 1212 § 1, 1969;
prior code § 33.510).
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels, motels and motor hotels, subject to the
.provisions of CVMC 19.58.210, with such incidental
businesses to serve the customer or patron, provided, such
'incidental uses and businesses not otherwise permitted in
this zone shall be operated in the same building and in
'conjunction with this permitted use;
B. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
D. Handicraft shops and workshops;
j E. Bona fide antique shops, but not including
,secondhand stores orjunk stores;
F. Theaters;
'~, (_ Any n}hnr n_Y~hf:hmnnYc -_, _ .-.}nr~ rlnYrm'nnrl
'.h Yh .. Yn hn nF Yho of nh~r~nYor ~
~,4hn ..hnvn n m'Hn.1
G#. Accessory uses and buildings customarily
,appurtenant to a permitted use and satellite dish antennas
in accordance with the provisions in CVMC 19.22.030(F)(1)
through (9) and (11) through (13);
I HI. Electrical substations and gas regulator stations,
'subject to the provisions of CVMC 19.58.140;
Id. Agricultural uses as provided in CVMC 19.16.030.
J. Artists' supply and materials stores'
K. Clothing sales (newp
_(Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1356
'§ 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(8)).
19.38.030 Conditional uses.
The following uses shall be permitted in the C-V zone:
'.provided a conditional use permit is issued in accordance
with the provisions of CVMC 19 14 030(A) or 19 14 040 as
!~mav be aoalicable and 19.14.050 through 19.14.090: The
,s a h~ m~YYnrl 'n the r ~i -,nno h'c~
~4 th of ~. nnr4'Y'n ~I ml} ~~97 of 4~rYl„
~i o ~ ._--- -- -' - --.._..._.._ --- -
A. Car washes, subject to the provisions of CVMC
~~ 19.58.060;
B. Automobile service stations and towing services,
;subject to the provisions of CVMC 19.58.280;
', C. Bait and tackle shops, including marine sales,
supplies and rentals;
D€. Commercial parking lots and parking garages,
(subject to the provisions of CVMC 19.62.010 through
j 19.62.130;
C. r ,..,..! ..,... -.}..... Fn-'I'Y'-- - h'enf Yn YV.e
. _ ..
~~
'i 7 ~rl'n"M nif nn. r
--
3--BiAiard~aN;
marvl Page 50 10-144 04/14/2010~rs'z°/'~o
EXHIBIT A
~;
,1$x$:31-~
e.« « 1 a ..« ~I~ ~«,. added to
rr i
Permitted uses - no need for CUP)
El4. Roof-mounted satellite dishes, subject to the
standards set forth in CVMC 19.30.040;
F6. Recycling collection centers, subject to the
'provisions of CVMC 19.58.345.
' 2. Miniature golf course
3. Billiard hall,
4. Skating rink;
I Public stables subiect to the provisions of CVMC
19.58.310;
J Unclassified uses see Chapter 19.54 CVMC.
(Ord. 2273 § 6, 1988; Ord. 2252 § 6, 1988; Ord. 2233
§ 6, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord.
'.1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.510(C)).
19.38.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 9, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.510(D)).
19.38.050 Height regulations.
No building or structure shall exceed three and
one-half stories or 45 feet in height except as
provided in CVMC 19.16.040; provided, however, that
said limitation may be adjusted by conditional use
permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.510(E)).
maryl Page 51 ~ 8_~ 4S 04/14/2010"''~,l~~o
The following uses shall be permitted in the C-V zone'
,provided a conditional use permit is issued by the planning
commission or Chula vista redevelopment corporation for
EXHIBIT A
19.38.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed, except as provided
in CVMC 19.16.020 and 19.16.060 through 19.16.080
and where increased as determined by the issuance
of a conditional use permit:
Yards in Feet
Lot Area (sq. Exterior
ft.) Lot Coverage (max. %) Front Side Yard Side Rear
10,000 40 20` for 10` for None, except 10 feet, except when abutting
buildings buildings when abutting an an R district, then not less than
0 for 0 for signs R district, then 25 feet; none when abutting a
signs not less than 25 side yard with no side yard
feet requirement
'Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the
zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(F)).
19.38.070 Setbacks from residential zone -
Parking and loading facilities.
In any C-V zone directly across a street or
thoroughfare (excluding a freeway) from any R zone,
the parking and loading facilities shall be distant at
least 10 feet from said street and the buildings and
structures at Least 20 feet from said streets. (Ord.
1212 § 1, 1969; prior code § 33.510(G)(1)).
19.38.080 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.510 (G)(2)).
19.38.090 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in a C-V zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.510(G)(3)).
Off-street parking and loading facilities are required
for all uses in a G-V zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.510 (G)(4)).
19.38.110 Enclosures required for all uses -
Exceptions.
All uses in a C-V zone shall be conducted wholly
within a completely enclosed building, except for
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specified under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.510(G)(5)).
19.38.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in a C-V zone only
when incidental to a permitted or accessory use
located on the same premises; and provided, that:
EXHIBIT A
A. Storage areas shall be completely enclosed by
walls, fences or buildings, and shall be part of an
a ~@cPgit~ bhtorage of materials or equipment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.510(G)(6)).
19.38.130 Wall requirements.
Zoning walls shall be provided in a C-V zone,
subject to the conditions in CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.510(G)(7)).
19.38.140 Trash storage areas.
Trash storage areas shall be provided in a C-V
zone, subject to the conditions of CVMC 19.58.340.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.510(G)(8)).
19.38.150 Pertormance standards.
All uses in a C-V zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.510(H)).
Chapter 19.40
C-T-THOROUGHFARE COMMERCIAL ZONE
Sections:
19.40.010 Purpose.
19.40.020 Permitted uses.
19.40.030 Conditional uses.
19.40.040 Repealed.
19.40.050 Height regulations.
19.40.060 Area, lot coverage and yard
requirements.
19.40.070 Setbacks from residential zone -
Parking and loading facilities.
19.40.080 Landscaping.
19.40.090 Site plan and architectural approval
required.
19.40.100 Off-street parking and loading
facilities.
19.40.110 Enclosures required for all uses -
Exceptions.
19.40.120 Outdoor storage.
19.40.130 Wall requirements.
19.40.140 Trash storage areas.
19.40.150 Pertormance standards.
19.40.010 Purpose.
The purpose of the C-T zone is to provide for areas
in appropriate locations adjacent to thoroughfares
where activities dependent upon or catering to
thoroughfare traffc may be established, maintained
and protected. The regulations of this district are
designed to encourage the centers for retail.
commercial, entertainment, automotive and other
appropriate highway-related activities. C-T zones are
to be established in zones of one acre or larger, and
shall be located only in the immediate vicinity of
thoroughfares, or the service drives thereof. (Ord.
1212 § 1, 1969; prior code § 33.511(A)).
'19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
A. Stores, shops and offices supplying commodities or
~ performing services for residents of the city as a whole or
',the surrounding community, such as department stores,
'banks, business offices and other financial institutions and
personal service enterprises;
B. New car dealers and accessory sale of used cars
' (see CVMC 19.40.030 for used car lots); boat and
'equipment sales and rental establishments, subject to the
provisions of CVMC 19.58.070;
C. Motor hotels and motels, subject to the provisions of
CVMC 19.58.210;
I D. Retail shops for the sale of auto parts and
accessories, souvenirs, curios and other products,
primarily to serve the travetlingtraveling public;
E. Restaurants and cocktail lounges (dance floors
'subject to the provisions of CVMC 19.58.115 and Chapter
',5.26 CVMC);
~, F. Animal hospitals and veterinary clinics, subject to the
,provisions of CVMC 19.58.050;
G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming
spools, bowling alleys, and skating rinks, subject to the
,provisions of CVMC 19.58.040;
I J. Plant nurseries;
rinfnrm'n n.~ V.~ 4hn n n In hn of the c r.~l
nhnrnnfnr c 4hn nhn m'Hn.~
K6. Accessory uses and buildings customarily
appurtenant to a permitted use and satellite dish antennas
in accordance with the provisions in CVMC 19.22.030(F)(1)
Ilthrough (9) and (11) through (13);
LM. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
MN. Agricultural uses as provided in CVMC 19.16.030;
N8. Adult-oriented recreation businesses, subject to the
,provisions of CVMC 19.58.024.
I O. Used clothing sales
P. Knitting and weaving shops
', O. Upholstery shops.
EXHIBIT A
' (Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986; Ord. 2108
§ 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord.
11212 § 1, 1969; prior code § 33.511 (B)).
19.40.030 Conditional uses.
The following uses shall be permitted in the C-T zone;
'.provided a conditional use oermit is issued in accordance
.with the provisions of CVMC 19.14.030(A) or 19.14.040 as
'may be applicable' and 19 14 050 through 19.14.090:
'.r .~1'1' I !" T .~I a~
A. Used car lots and motorcycle sales and repair,
'.subject to the provisions of CVMC 19.58.070;
B. Trailer and equipment sales and rental
lestablishments and towing service;
' (` n ~ 4h 4 h' n4 4n 4he n ni (`\/Rnr`
', ~ O G4 17n .I '!I .4 4h ~4 14.., ~h-.II ho ;q
'.44+ V.P. ~. .1 -+'r! o nholl he ce4 h~nL not IeeS
4h +nn F F 4' 4 n .I,n nhf-,.
Ct3. Automobile service stations, garages for major and
minor repairs, as defined herein, and car-washing
',establishments, subject to the provisions of CVMC
19.58.060 and 19.58.280;
D€. Carpenter, electrical, plumbing or heating shops;
1-9:58-949;
~T ~a fl 4 ~'I nl rl'n ~jr~
E#. Building material sales yards, not including concrete
mixing;
Ft. Automobile storage, contractor's equipment storage
,yards, or storage, sale and rental of equipment commonly
'used by contractors;
I e~~ F... n~+nL.l~ci.o~'n r\/nnr
a-9-69,5f~4
I GtE. Bait and tackle shops;
nn I Inhnlc4on ~hnnc~
rl \~/L..Ice-.le h..Lc
D 1 -~ .l ,,...., VV••_n4 nri c4r'nl nrl No nrl rVv n$
,
''~ n I Icc.1 ..InIh'n ~In~~
H~. Lumberyards;
r I I h 'F' A .+ I"L\~n#or ~n cn rvnnr~
I I IC '44'n n.i . nhnnc~
' ~-{~3rdFA6F1}&}
IYV. Roof-mounted satellite dishes, subject to the
(standards set forth in CVMC 19.30.040;
JX. Recycling collection centers, subject to the
'provisions of CVMC 19.58.345.
The following uses shall be permitted in the C-T zone;
provided a conditional use permit is issued by the planning
commission or Chula vista redevelopment corporation for
',projects within a designated redevelopment project area or
',for unclassified uses as defined in CVMC 19.54.020.
K. Drive-in theaters subiect to the provisions of CVMC
19.58.120 and provided, that the screen shall be so
.located and designed that it is not visible from adjacent
thoroughfares and said screen shall be set back not less
than 100 feet from any street or thoroughfare'
L. pancehalls subiect to the provisions of CVMC
19.58.040;
M. Commercial recreation facilities (outdoor
N. Automobile paint and body shops
O. Wholesale bakeries;
P Laundries except industrial and cleaning and dyeing
Ip ants:
O. Radiator repair shops;
R Truck and trailer service including major repair:
S. Cardrooms;
T Unclassified uses see Chapter 19,54 CVMC.
_(Ord. 2252 § 7, 1988; Ord. 2233 § 7, 1987; Ord. 2160
§ 1, 1986; Ord. 2152 § 3, 1986; Ord. 2108 § 1, 1985; Ord.
',1954 § 1, 1981; Ord. 1855 § 3, 1979; Ord. 1757 § 1, 1977;
IOrd. 1746 § 1, 1977; Ord. 1716 § 1, 1976; Ord. 1464 § 1,
111973; Ord. 1456 § 1, 1973; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.522(C)).
19.40.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 10, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord.
1212 § 1, 1969; prior code § 33.511(D)).
19.40.050 Height regulations.
No building or structure shall exceed three and
one-half stories or 45 feet in height, except as
provided in CVMC 19.16.040; provided, however, that
said limitation may be adjusted by conditional use
permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.511(E)).
19.40.060 Area, lot coverage and yard
requirements.
The following minimum area, lot coverage and yard
requirements shall be observed, except as provided
in CVMC 19.16.020 and 19.16.060 through 19.16.080
and where increased for conditional uses:
marvl Page 54
EXHIBIT A
19.40.070 Setbacks from residential zone -
Parking and loading facilities.
In any C-T district directly across a street or
thoroughfare (excluding a freeway) from any R
district, the parking and loading facilities shall be
distant at least 10 feet from said street, and the
buildings and structures at least 20 feet from said
street. All access drives or curb cuts across a street
from any R district are prohibited unless specifically
approved by the staff. (Ord. 1212 § 1, 1969; prior
code § 33.511(G)(1)).
19.40.080 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the director of planning. (Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.511 (G)(2)).
19.40.090 Site plan and architectural approval
required.
Site plan and architectural approval is required for
all uses in a C-T zone, as provided in CVMC
19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969;
prior code § 33.511(G)(3)).
19.40.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all uses in a C-T zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.511 (G)(4)).
19.40.110 Enclosures required for all uses -
Exceptions.
All uses in a C-T zone shall be conducted wholly
within a completely enclosed building, except for
outdoor restaurants, service stations, off-street
parking and loading facilities, and other open uses
specified under conditional use permits as
determined by the planning commission. Permanent
and temporary outside sales and display shall be
subject to the provisions of CVMC 19.58.370. (Ord.
1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code
§ 33.511(G)(5)).
19.40.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in a C-T zone only
when incidental to a permitted or accessory use
located on the premises; and provided, that:
A. Storage areas shall be completely enclosed by
walls, fences or buildings, and shall be part of an
approved site plan;
B. No outdoor storage of materials or equipment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord.
1212 § 1, 1969; prior code § 33.511(G)(6)).
19.40.130 Wall requirements.
Zoning walls shall be provided in a C-T zone,
subject to the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.511(G)(7)).
19.40.140 Trash storage areas.
Trash storage areas shall be provided in a C-T
zone, subject to the conditions of CVMC 19.58.340.
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(G)(8)).
19.40.150 Performance standards.
All uses in a C-T zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19_66 CVMC. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.511(H)).
Chapter 19.42
I-R-RESEARCH INDUSTRIAL ZONE
C. Manufacture and assembly of office computing
an&1a~Pil~fi~a~tl4h~g~i ~1/p@fr~k!c
measuring instruments and test equipment;
E. Electrical substations and gas regulator stations,
subject to the provisions of CVMC 19.58.140;
F. Temporary tract signs, subject to the provisions
of CVMC 19.58.320 and 19.60.470;`
G. Any other research or any light manufacturing
use determined by the commission to be of the same
general character as the above-permitted uses. (Ord.
1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.512(B)).
Sections:
19.42.010 Purpose.
19.42.020 Permitted uses.
19.42.030 Accessory uses and buildings.
19.42.040 Conditional uses.
19.42.050 Prohibited uses and processes.
19.42.060 Repealed.
19.42.070 Height regulations.
19.42.080 Area, lot coverage and yard
requirements.
19.42.090 Performance standards.
19.42.100 Enclosures required for all uses -
Exceptions.
19.42.110 Fuel restrictions.
19.42.120 Setbacks required from residential
zone -Parking and loading
facilities.
19.42.130 Landscaping.
19.42.140 Site plan and architectural approval.
19.42.150 Off-street parking and loading
facilities.
19.42.160 Outdoor storage.
19.42.170 Trash storage areas.
19.42.180 Wall requirements.
19.42.010 Purpose.
The purpose of the I-R zone is to provide an
environment exclusively for and conducive to the
development and protection of modern, large-scale
research and specialized manufacturing
organizations, all of anon-nuisance type. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code §
33.512(A)).
19.42.020 Permitted uses.
Permitted uses in an I-R zone are as follows:
A. Laboratories; research, experimental, film,
electronic or testing;
B. Manufacture and assembly of electronic
instruments and devices;
Code reviser's note: This subsection amended to
conform with provisions of Ord. 1575, 1974.
19.42.030 Accessory uses and buildings.
Accessory uses permitted in an I-R zone include
the following:
A. Administrative, executive and financial offices
and incidental services, such as restaurants to serve
employees when conducted on the premises;
B. Wholesale business storage or warehousing for
products of the types permitted to be manufactured in
the zone;
C. Other accessory uses and buildings customarily
appurtenant to a permitted use;
D. Retail sales of products produced or
manufactured on the site;
E. Caretaker houses;
F. Satellite dish antennas are permitted in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9) and (11) through (13). (Ord. 2160
§ 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.512 (C)).
19.42.040 Conditional uses.
A. Retail commercial uses necessary to serve the I-R
'zone;
~, B. Manufacture of pharmaceuticals, drugs and the like;
r AFr_~ r~~_cc1~
I V C. Roof-mounted satellite dishes, subiect to the
The following uses shall be permitted in the I-R zone;
provided, a conditional use permit is issued by the planning
commission, or Chula vista redevelopment corporation for
EXHIBIT A
projects within a designated redevelopment project area or
for unclassified uses as defined in CVMC 19.54.020.
E9. Unclassified uses, as set forth in Chapter 19.54
' CVMC;
F n b..! .. a..IC~...l:..l..... nr~h:.~M 4n 4V~r.
e€~34a`;
F6. Hazardous waste facilities, subject to the provisions
of CVMC 19 58 178 Conditional use permit applications
'for the establishment of hazardous waste facilities shall be
considered by the city council subsequent to its receipt of
',recommendations thereon from the planning commission,
'or Chula vista redevelopment corporation if located within a
designated redevelopment project area. in accordance with
!CVMC 19.14.070(B). (Ord. 2542 § 3, 1993; Ord. 2252 § 9,
i 1988; Ord. 2233 § 9, 1987; Ord. 2160 § 1, 1986; Ord. 2108
~§ 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
',code § 33.512(D)).
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 11, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.512(F)).
19.42,070 Height regulations.
No structure shall exceed three and one-half
stories or 45 feet in height; however, no structure
shall exceed two stories or 35 feet in height when
located within 200 feet of any residential zone or any
area designated for future residential development on
the general plan, except as provided in CVMC
19.16.040. (Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.512(G)).
19.42.080 Area, lot coverage and yard
requirements.
The minimum lot areas required shall be one of the
following for this zone classification, as designated on
the zoning map, except as provided in CVMC
19.16.020 and 19.16.060 to 19.16.080 and where
increased for conditional uses:
Setbacks in Feet
Exterior
Side
Lot Area (sq. ft.) Lot Coverage (max. %) Front Yard Side Rear
20,000 40 Buildings 20` 15` 20 25
Signs 0 0
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the
zoning district.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(H)).
19.42.050 Prohibited uses and processes.
Prohibited uses in an I-R zone include
manufacturing uses and processes involving primary
production of products from raw materials. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.512(E)).
19.42.060 Sign regulations.
10_~ 51 04/14/20108,4?~'~~^~'~^
EXHIBIT A
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.
19.44.010 Purpose.
The purpose of the I-L zone is to encourage sound
limited industrial development by providing and
protecting an environment free from nuisances
created by some industrial uses and to insure the
purity of the total environment of Chula Vista and San
Diego County and to protect nearby residential,
commercial and industrial uses from any hazards or
nuisances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1,
1969; prior code § 33.513(A)).
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing,
repairing, bottling, or packaging of products from
previously prepared materials, not including any
prohibited use in this zone;
B. Manufacturing of electrical and electronic
instruments, devices and components;
C. Wholesale businesses, storage and
warehousing;
D. Laboratories; research, experimental, film,
electronic and testing;
E. Truck, trailer, mobilehome, boat and farm
im~ileRi~furs;~fL~~3'fd~~?Ni~fif~~aterial sales yards,
service yards, storage yards, and equipment rental;
G. Minor auto repair;
H. Laundries, laundry services, and dyeing and
cleaning plants, except large-scale operations;
I. Car washing establishments, subject to the
provisions of CVMC 19.58.060;
J. Plumbing and heating shops;
K. Exterminating services;
L. Animal hospitals and veterinarians, subject to
the provisions of CVMC 19.58.050;
M. The manufacture of food products, drugs,
pharmaceuticals and the like, excluding those in
CVMC 19.44.050;
N. Electrical substations and gas regulator
stations, subject to the provisions of CVMC
19.58.140;
O. Temporary tract signs, subject to the provisions
of CVMC 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;
O. Agricultural uses as provided in CVMC
19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(6)).
' Code reviser's note: This section amended to
conform with provisions of Ord. 1575, 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 premises;
B. Other accessory uses and buildings customarily
appurtenant to a permitted use;
C. Retail sales of products produced and
manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in
accordance with the provisions of CVMC
19.22.030(F)(1)thvough (9) and (11) through (13).
(Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.513(C)).
'19.44.040 Conditional uses.
The following uses shall be permitted_in the I-L zone
',provided a conditional use permit is issued in accordance
'.with the provisions of CVMC 19 14 030(AI or 19.14.040 as
'mav be aoplicable and 19 14 050 through 19.14.090:
'fir a~~~ .,i ~..~.~ ~., n ~ i ni ~e
~, p ~A~ H' H r .1 Hoot mcMl nL.n nc~
r
152
AS. Service stations, subject to the conditions in CVMC
':19.58.280;
Eder
'I B9. Restaurants, delicatessens and similar uses;
E. ^... _ ._ Ih -.In.n _ _ h~ Y 1 Ih ,a"1",. „f r~innr^
~~1D FR 9Ol1~
C€. Major auto repair, engine rebuilding and paint
shops;
DID. Commercial parking lots and garages;
U DInN'n nrl n/hnr c nlhnf'r nfn Mnrinn~
I Q 'L~I'nn hn'nM oa'n.. Ih rn~, nnrl n o hnlF oln r'n
l~~~p1 1hlnnl-,cdF'.~.J of fn.ih "n !`l.on4nr 1~ FA
Tr nL n~~~ ~rrl--lo_rm".. -~In -.nrl nl"n Ir'L~ 1"n r~.l'n
' I Th .nl..'I nnlnVnf c nh h IL., "l.,m c f rn'! r
n n ~
nelc ~+...~ nlhe m'Inr 'Inmc~
nA O.~b.'I .,I' Irh 1".. nler nrl m 4-. n! lloln
uh"nh r nvln..d.,n flnnr n n fnr Yhn Mnrnnn nn.~l
'.Y'nnln,i of mnmhnn,f'ne nnrl !ho h'nh vnl .,n rnhn
f.. nln of nnnrln ~+n.V rcl-,'I ~ .,h L-h n rnlnln.l l.. nnrl
~nn.l .i of n~.ct n .. n.Ic rcln;l rl;clr:h_!;_ nnlero of
7,
'.f 4h f-.hl'chmcM of rcln'I n nl rnr! h,
.~c.,.... ..............-...... ..,..~.. .,,.......~,. ~..-. ~~~~ ~~. ~,. .,.. ..~
~.}~,. nrn. 'n'nnn of hh'c hn..n~.. ehnll hn n n'.inrc.f h.,
r.., ........._ _ .., __ ___.._ _.._.. __ __.._.__.__ _~
,.,I n!'n n lhnrn n lrnm Ihn nh.. m'gG'n
', r~ EN. Roof-mounted satellite dishes, subject to the
(standards set forth in CVMC 19.30.040;
FO. Recycling collection centers, subject to the
I provisions of CVMC 19.58.345;
p, tJa~~n ..nnlc f'.nlic h'nn! M fhn nrn ,'dnnc
e~6~/AA6 1-9:58-1~
I GQ. Brewing or distilling of liquors requiring a Type 23
Alcoholic Beverage Control License;
i The following uses shall be permitted in the I-L zone
iprovided a conditional use permit is issued by the planning
(commission, or Chula vista redevelopment corporation for
; projects within a designated redevelopment project area, or
~'Ifor unclassified uses as defined in CVMC 19.54.020.
H. Machine shops and sheet metal shops
I. Steel fabrication:
J. Plastics and other synthetics manufacturing;
'~ K. Drive-in theaters subject to the conditions of CVMC
19.58.120;
L. Trucking yards, terminals and distributing operations:
M. The retail sale of such bulky items as furniture,
';carpets and other similar items;
N. Retail distribution centers and manufacturers' outlets
'which require extensive floor areas for the storage and
'display of merchandise, and the high-volume, warehouse-
Itvoe sale of goods and retail uses which are related to and
~; supportive of existing, on-site retail distribution centers of
'manufacturers' outlets.
'~I O. Unclassifed uses, as set forth in Chapter 19.54
(CVMC:
P. Hazardous waste facilities, subject to the provisions
!of CVMC 19.58.178. Conditional use permit applications
marvl Pace 59
EXHIBIT A
19.44.050 Prohibited uses and processes.
Prohibited uses in an I-L zone include:
A. Manufacturing uses and processes involving the
primary production of products from raw materials,
including the following materials and uses:
1. Asphalt, cement, charcoal and fuel
briquettes,
2. Rubber, chemical and allied products, and
soap and detergents,
3. Coal, coke and tar products and the
manufacturing of explosives, fertilizers, gelatin,
animal glue and size,
4. Turpentine, matches, paint and other
combustible materials,
5. Stockyards, slaughterhouses and
rendering plants,
6. The storage of fireworks or explosives,
7. Industrial metal, waste rag, glass or paper
salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Brewing or distilling of liquors except for
businesses requiring Type 23 licenses from the
Department of Alcoholic and Beverage Control or
perfume manufacturing;
B. The following processes: nitrating of cotton or
other materials; foundries; reduction, refining,
smelting, alloying, rolling, drawing and extruding of
metal or metal ores; refining of petroleum products;
distillation of wood or bones; storage, curing or
tanning of raw, green or salted hides or skins; and
grain milling;
C. Any other use which is determined by the
commission to be of the general character as the
above uses. (Ord. 3031 § 2, 2006; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(E)).
19.44.060 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A
§ 12, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.513(F)).
19.44.070 Height regulations.
e L,In..,fl nn.l n ~,,,{ h ,fhn -r n nrl m'n'clr~b..
'..,(Ord. 3031 § 1, 2006; Ord. 2542 § 4, 1993; Ord. 2252 § 10,
1988; Ord. 2233 § 10, 1987; Ord. 2160 § 1, 1986; Ord.
2108 § 1, 1985; Ord. 2031 § 1, 1983; Ord. 1927 § 1, 1980;
'.Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1,
',1970; Ord. 1212 § 1, 1969; prior code § 33.513(D)).
EXHIBIT A
No building or structure shall exceed three and
one-half stories or 45 feet; except, that any building or
structure erected to such a height or less that would
be detrimental, in the opinion of the commission, to
the light, air or privacy of any other structure or use,
existing or reasonably to be anticipated, may be
reduced. Exceptions are provided in CVMC
19.16.040. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970: Ord. 1212 ~ 1, 1969; prior code § 33.513(G)).
19.44.080 Area, of coverage and yard
requirements.
The following minimum requirements shall be
observed, except as provided in CVMC 19.16.020
and 19.16.060 through 19.16.080 and where
increased for conditional uses:
or agricultural development on the general plan, the
loading facilities and structures shall be a distance of
at least 30 feet from said street. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.513(1)(3)).
19.44.120 Landscaping.
The site shall be landscaped in conformance with
the landscaping manual of the city, and approved by
the planning department. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior rode
§ 33.513 (I)(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 CVMC
19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.51;3 (I)(5)).
Setbacks in Feet
Exterior
Lot Area (sq. ft.1 Lot Coverage (max. %) Front Side Yard Side Rear
10.000 50 Buildings 20* 15* 0'* 0'*
Signs 0 0
*Or not less than that sp ecified on the building line map which takes precedence shall be provided and maintained. (See
CVMC 19.44.090 throug
*"Except when adioining h 19.44.180 for other required setbacks:)
an R or A zone or areas designated for future residential or agricultural development on the
Chula Vista general plan, then not less than 50 feet.
(Ord. 1356 & 1 1971 Ord. 1281 § 1, 1970: Ord. 1212 1, 1969; ode § 33.513(H)1.
19.44.090 Performance standards.
All uses permitted by this title shall be subject to
initial and continued compliance with the performance
standards in Chapter 19_66 CVMC. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(1)).
Off-street parking and loading facilities are required
for all uses in an I-L zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.513(1)(6)).
19.44.100 Fuel restrictions.
Manufacturing and industrial processes in an I-L
zone shall use only gas or electricity as a fuel;
provided, however, that oil burning equipment may be
installed for standby purposes only. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513
(0(2))
19.44.110 Setbacks from residential or
agricultural zone -Loading facilities.
In any I-L zone directly across the street from any
R or A zone, or areas designated for future residential
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 displayed higher
than the enclosing fence. For other fencing
requirements, see CVMC 19.58.150. (Ord. 1356 § 1,
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.513(1)(6)).
19.44.160 Trash storage areas.
maryt Page 60 1 ~-.154 04/I4/2010n^ i~onm n
o=~,~n~~
EXHIBIT A
Trash storage in an I-L zone shall be subject to the
provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 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, service
yards, storage yards and loading and equipment
rental, shall be conducted entirely within an enclosed
building. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.513 (I)(9)).
19.44.180 Wall requirements.
Zoning walls shall be provided in an I-L zone,
subject to the conditions of CVMC 19.58.150 and
19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.513
(1)(10)).
Chapter 19.46
I -GENERAL INDUSTRIAL ZONE
Sections:
hazards and noise or other disturbances. (Ord. 1281
§ 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(A)).
19.46.020 Permitted uses.
Permitted uses in an I zone are 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
of CVMC 19.58.320 and 19.60.470;*
G. Any other use which is determined by the
commission to be of the same general character as
the above uses. (Ord. 2064 § 1, 1984; Ord. 1361 § 1,
1971; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord.
1212 § 1, 1969; prior code § 33.514 (B)).
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 protecting an
environment exclusively for such development,
subject 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
* Code reviser's note: This section amended to
conform with provisions of Ord. 1575, 1974.
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 customarily
appurtenant to a permitted use;
C. Retail sale of products produced and
manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in
accordance with the provisions of CVMC 19.22.030
(F)(1) through (9) and (11) through (13). (Ord. 2160
§ 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.514 (C)).
'19.46.040 Conditional uses.
The followinc uses shall be permitted in the I zone
',provided a conditional use permit is issued by the zoning
!administrator in accordance with the provisions of CVMC
19.14.030(A) or 19.14.040, as may be applicable; and
119.14.050 through 19.14.090
a,~..,,~;~~iwce
', A. Motels;
o~n~
maryl Page 61 1 ~~5~ 04/14/2010^~~''°''~^-'~~^
EXHIBIT A
B. Restaurants;
C. Service stations, subject to the provisions of CVMC
19.58.280;
D. Roof-mounted satellite dishes, subiect to the
'standards set forth in CVMC 19.30.040;
E. Recycling collection centers, subiect to the provisions
!of CVMC 19.58.345.
I
The following uses shall be permitted in the I zone:
'provided a conditional use permit is issued by the planning
'commission, or Chula vista redevelopment corporation if
located within a designated redevelopment proiect area, or
'for unclassified uses as defned in CVMC 19.54.020.
I FB. The retail sale of such bulky items as furniture,
,carpets and other similar items;
G€. Retail distribution centers and manufacturers'
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
I related to, and supportive of, existing on-site retail
distribution centers or manufacturers' outlets. Send+tiena{
' .,,'f n nr..n. n n am fhc e~f~hr~h..,enf of refn'I
i~ nl n rcra h,r then of Yh'c
.n
i ,
~~ ho n dran.c.a h .fhe n'hr r r'I n Mon onf In 'fn 'nf
yf r nra nf'n c 4hc n f.n... 4hn nlnn
'nnH4. Brewing or distilling of liquor, or pertume
',manufacturing,
h?. Meat packing,
II J3. Large-scale bleaching, cleaning and dyeing
establishments,
j K4. Railroad yards and freight stations,
', L5. Forges and foundries,
!i M6. Automobile salvage and wrecking operations, and
industrial metal and waste rag, glass or paper salvage
,operations; provided, that all operations are conducted
~~within a solid screen not less than eight feet high, and that
jmaterials stored are not piled higher than said screen;
' r_ en„ nfhnr ~ .,h„-h .n ,anmr...;nn,a h„ fhn
n M hn ni Yhn c ,I rib.-.r'.n«cr nc fL.c
nhn
I. u I In..h~~~f era ,r~aera "n rhnnfe. ~o cn
~~
I N. Auctions of vehicles, heavy machinery and
'.equipment, subiect to the provisions of CVMC 19.58.055.
land only where the P precise plan modifier has been
,'applied to the general industrial (I) zone. euated
ntell'fe rl'e Hoc i ihinnf 1n the eM nra n.rlc cn} fn+ih 'n r`\/~A(~
a-9-39-94
O. Unclassified uses, as set forth in Chapter 19.54
j CVMC:
'~~ I pnnvnllnn nnllnnT'n en4me h'cnf hn fhe r
l! U~~~rrln nMe fnn'1'!'c h'nnf hn hhc n
e~SVM6-4-3.58-47~
P. Hazardous waste facilities subiect to the provisions
'of CVMC 19.58.178. Conditional use permit applications
'for the establishment of hazardous waste facilities shall be
'.considered by the city council subsequent to its receipt of
'..recommendations thereon from the planning commission
or c_h_ula vista redevelopment corporation if located within a
designated redevelopment proiect area in accordance with
',CVMC 19.14.070(6).
I I A n4"n of v.~h'nle hnwv m-.nL.'n n.i
n.a nnl„ .,hnrn fhn o n n nhn ...n.a'f'e.n,
nr.,d fn +hn I ~! ^d t '~! (Ord. 2584 § 4,
1994; Ord. 2542 § 5, 1993; Ord. 2252 § 11, 1988; Ord.
2233 § 11, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1,
1985; Ord. 2064 § 1, 1984; Ord. 2031 § 1, 1983; Ord. 1927
§ 2, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord.
1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(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:
1. Asphalt, cement, charcoal and fuel
briquettes;
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
sulphuric acids;
3. Coal, coke and tar products and
manufacturing of explosives, fertilizers, gelatin,
animal glue and size;
4. Turpentine, matches and paint;
5. Rubber and soaps;
6. Grain milling;
7. The following processes: nitrating of
cotton or other materials; magnesium foundry;
reduction, refining, smelting and alloying of metal or
metal ores; products such as gasoline, kerosene,
naphtha, and lubricating oil; distillation of wood or
bones; storage, curing or tanning of raw, green or
salted hides or skins;
8. Stockyards and slaughterhouses, except
as allowed elsewhere in this title, and slag piles; and
9. Storage of f reworks or explosives, except
where incidental to a permitted use. (Ord. 2064 § 2,
1984).
19.46.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Grd. 2309A
§ 13, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1,
marvl Paee 62 ~ Q-1 5R 04/14/20100~~2~^-'~S
EXHIBI'T' A
1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior
code § 33.514(E)).
through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.514 (H)(2)).
19.46.060 Height regulations.
Within 200 feet of any R zone or A zone
designated for future residential use in the general
plan, no structure shall exceed three stories or 50 feet
in height; otherwise, no building or structure shall be
erected to such a height that it would be detrimental,
in the opinion of the commission, to the light, air or
privacy of any other structure or use, existing or
reasonably to be anticipated. For other requirements,
see CVMC 19.16.040. (Ord. 1281 § 1, 1970; Ord.
1212 § 1, 1969; prior code § 33.514(F)).
19.46.070 Area, lot coverage and yard
requirements.
The minimum lot area required shall be one of the
following for this zone classification as designated on
the zoning map, except as provided in CVMC
19.16.020 and 19.16.060 through 19.16.080 and
where increased for conditional uses:
19.46.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required
for all.yses in an I zone, as provided in CVMC
19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(3)).
19.46.110 Setbacks from residential or
agricultural zone -Loading facilities.
In any I zone directly across the street from any R
zone or A zone designated for residential use in the
general plan, the loading facilities shall be distant at
(east 30 feet from said street, and the structures at
least 50 feet from said street. (Ord. 1281 § 1, 1970;
Ord. 1212 § 1, 1969; prior code § 33.514 (Hj(4)).
Setbacks in Feet
Exterior Side
Minimum Lot Area (sq. ft.) Front Yard Side Rear
20,000 Buildings 25* Buildings 15* 0 feet, except when adjoining an R zone or A 0
Signs 0 Signs 0 zone, designated for future development in
the Chula Vista general plan, then not less
than 50 feet
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements
shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning
district.
NOTE: For other setback requirements, see CVMC 19.46.080 through 19.46.150.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514(G)).
19.46.080 Performance standards.
All uses in an I zone shall be subject to initial and
continued compliance with the performance
standards in Chapter 19_66 CVMC. (Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code § 33.514
(H)(1)).
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 § 1, 1971; Ord.
1281 § 1, 1970; Ord. 1212 § 1, 1969; prior rode
§ 33.514(H)(5)).
19.46.090 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses in an I zone, as provided in CVMC 19.14.420
19.46.130 Outdoor storage.
Outdoor storage or sales yards in an I zone visible
from any public right-of-way shall be completely
enclosed by solid walls, fences, buildings or
marvl Paee63 ~p-157 04/14/2010r~~''~~
EXHIBIT A
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 requirements, see CVMC
19.58.150. (Ord. 1356 § 1, 1971; Ord. 1281 § 1,
1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(6)).
19.46.140 Trash storage areas.
Trash storage areas in an I zone are subject to the
provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971;
Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code
§ 33.514(H)(7)).
19.46.150 Wall requirements.
Zoning walls shall be provided in an I zone, subject
to the conditions of CVMC 19.58.150 and 19.58.360.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212
§ 1, 1969; prior code § 33.514 (H)(8)).
Chapter 19.47
P-O - PUBLICIQUASI-PUBLIC ZONE
Sections: _
;19.47.010
19.47.020
i 19.47.030
',19.47.040
19.47.050
~! 19.47.060
;19.47.070
requireme
;19.47.080
i 19.47.090
19.47.100
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Performance standards.
Siting standards.
Area, lot coverage and yard
nts.
Site plan and architectural approval
Landfill closure.
Exceptions._
',19.47.010 Purpose.
The purpose of the public/quasi-public zone is to
I provide a zone with uses in appropriate locations
which are maintained by public or publicly controlled
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 various water reservoir
,sites. The regulations of this district also provide for
Ithe appropriate closure of existing landfill sites. (Ord.
'2672,1996).
119.47.020 Permitted uses.
~ Permitted uses in the P-O zone are as follows:
A. Agricultural uses including grazing and livestock
raising;
it B. Water reservoirs; and
C. Public parks. (Ord. 2672, 1996).
19.47.030 Accessory uses and buildings.
Accessory uses permitted in the P-O zone include the
following:
A. Caretakers units, as accessory to the principal
permitted or conditionally permitted use; and
B. Public utility service and corporation yards. (Ord.
2672,1996).
19.47.040 Conditional uses.
The following uses shall be permitted in the P-O zone'
,provided, a conditional use permit is issued by the zoning
',administrator in accordance with the provisions of CVMC
19.14.030(A) or 19.14.040 as may be applicable' and
'.9'.14.050 through19.14.090:r^^~''''^^^' n,YY^~+'^
'rhn o n -, ^I ,an~
~ Cnn'knr r Inn•~if"Ilc nlncn n n 4n.~1 I.
, .. .,.. .. r...... ..j Fi~MCi
~o n~ inn
~~sheels
AI3. Cellular facilities;
C Crn nh^h'n
~ on^Y na"n
B#. Recycling collection centers, subject to the
,provisions of recycling collection centers standards in
(CVMC 19.58.345;
C. Land reclamation projects
D. Fire stations:
E. Post offces:
I r_nlr a: .;Yti n .,~Yhn r rnhYm„ng
I_ urn .,ran _~1~~.,.: r1~n , 'crvjncol 4w~s(
F~IAAG~9-58-' ~7~; r^
' F. Sanitary landfills, unless excepted by CVMC
119.47.100'
G. Schools;
H. Utility substations:
I. Golf driving ranges with or without lighting'
J#4. Unclassified uses, as provided in Chapter 19.54
;CVMC; and
~. I An•r n4L.or .rh'nh 'c anYnr...'nnrl H r Ih^ nlnnninn
n f 4. cnF fL.n .nl nL.nr-.r-/nr n^ II.
maryt Paee 64 10-158 04/14/20100-~3~,~'~^-',~
Ord. 2672. 1996).
';19.47.050 Performance standards.
EXHIBIT A
All existing and future uses permitted by this title
,shall be subject to initial and continued compliance
'with the performance standards in Chapter 19.66
,CVMC. (Ord. 2672, 1996).
'..19.47.060 Siting standards.
'i The following standards shall govern the siting of
'facilities in the public/quasi-public zone:
A. All solid waste management operations within the
P-O zone shall comply with all applicable 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
residential structure shall be in compliance with all of
ithe state minimum standards for solid waste
',management. The distance of such sites to residences
'shall be sufficient to permit adequate control of noise
j levels, odor nuisances, traffic congestion, litter
!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 architectural
'permit process. (Ord. 2672, 1996).
19.47.080 Site plan and architectural approval.
Site plan and architectural approval is required for all
uses in the P-Q zone, as provided in CVMC 19.14.420
through 19.14.480. (Ord. 2672, 1996).
19.47.090 Landfill closure.
' Any sanitary landfill existing within the P-O zone
which is subject to closure shall be terminated in a
I~manner which complies with any and all applicable
(federal, state, and local regulations, including
it regulations of the State Water Resources Control
;Board, the California Waste Management Board, and
.the Department of Health Services, and in accordance
1lwith any agreements entered into with the city. (Ord.
;2672,1996).
~'~
119.47.100 Exceptions.
1, Any sanitary landfill use existing prior to May 21,
j 1996, shall be permitted to continue operating as a
,legally permitted use; provided, that the property
'owner has entered into an agreement with the city that
,:establishes specific regulations and/or guidelines.
',(Ord. 2672, 1996).
Chapter 19.54
UNCLASSIFIED USES
Sections:
119.54.010 Authorized when -Purpose of review.
',19.54.020 Designated -Limitations and standards.
19.54.030 Yard requirements.
19.54.040 Height regulations.
119.54.050 Off-street parking and loading facilities.
'19.54.060 Site plan and architectural approval.
119.54.010 Authorized when -Purpose of review.
A. AIL,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 automatically in any classes of use as
,set forth in the various zones herein defined, and the
.,authority for the location and operation thereof shall be
',subject to review and the issuance of a conditional use
(permit; provided, however, that conditional use permits
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 determine 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
~ishall be served. Factors to be considered and the manner
in which conditional use applications are to be processed
.shall be as set forth in CVMC 19.14.060, et seq. (Ord.
i 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.535).
19.54.020 Designated -Limitations and standards.
', .The following uses may be considered for location in
',any zone, subject to the provisions set forth herein, and
/additional conditions set forth in Chapter 19_58 CVMC
j(references indicated for uses):
1 A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See CVMC 19.58.040;
C. Cemeteries: See CVMC 19.58.080;
D. Colleges, universities, private schools, and
(elementary and secondary public schools;
E. Columbariums, crematoriums and mausoleums;
provided, that these uses are specifically excluded from all
R zones unless inside of a cemetery: See CVMC
i 19.58.080;
F. Churches: See CVMC 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 mentally retarded of all ages),
,psychiatric, etc.: See CVMC 19.58.110=
Further, approval shall not be granted until the following
findings can be made (homes for mentally retarded
I child ren):
I 1. The size of the parcel to be used shall provide
'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;
marvl Pace 65 ~_1 rg 04/14/2010~,?°,~~~^
EXHIBIT A
I. Mortuaries: See CVMC 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
I undesirable in the R zones:
', 1. Airports and heliports: See CVMC 19.58.180,
2. Amusement parks and amusement enterprises:
'See CVMC 19.58.040,
3. Arenas: See CVMC 19.58.040,
4. Fairgrounds: See CVMC 19.58.040,
5. Museums,
6. Open air theaters, except drive-in theaters: See
'.CVMC 19.58.120(8),
7. Race tracks and rodeos: See CVMC 19.58.040,
8. Recreational centers, commercially operated:
,See CVMC 19.58.040,
i 9. Stadiums,
10. Shooting clubs: See CVMC 19.58.290;
K. Golf courses: See CVMC 19.58.090;
L. Passenger stations for rail or bus travel;
M. Public and quasi-public uses;
N. Radio or television transmitters;
O. Trailers (commercial coaches): See CVMC
19.58.330;
P. Senior housing developments: See CVMC 19.58.390;
O. Recreational vehicle storage yards: See CVMC
;19.58.400;
R. Off-site advertising signs: See CVMC 19.60.050(E);
S. Water distribution facilities: See CVMC 19.58.420;
T. Certified farmers' markets: See CVMC 19.58.148;
U. Ambulance services: See CVMC 19.58.245.
Conditional use permit applications for the uses listed in
this section shall be considered and approved by the
ifollowing body or official. The zoning administrator shall
iapprove all ambulance services~ses trailers (commercial
'coaches), and certified farmers markets. T~^,a;:,g
°{.f^I° ninrnn° , n^.~Ic r4.~~r^h^ n1 ~+ r~.A° -.nr1
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,
additions or modifications are made with respect
thereto. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969;
prior code § 33.535(6)).
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 prevail unless, in
the findings and conditions recited in the resolution
dealing with each matter, specific exceptions,
additions or modifcations are made with respect
thereto. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969;
prior code § 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 requirements
are not enumerated in CVMC 19.62.010 through
19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 2,
1970; Ord. 1212 § 1, 1969; prior code § 3.535 (D)).
19.54.060 Site plan and architectural approval.
Site plan and architectural approval is required for
all uses, as provided in CVMC 19.14.420 through
19.14.480. (Ord. 1281 § 2, 1970; Ord. 1212 § 1,
1969; prior code § 33.535(E)).
`J J
°n1°r^ lydl°r~ /^nm m°r^'nl n .-L..,°\ ,M°r rl'Mi h 1'..
I^ ~
.The
Icity council, subsequent to its receipt of recommendations
(thereon from the planning commission or Chula vista
redevelopment corporation for projects located within a
designated redevelopment proiect area, shall approve
',establishments or enterprises involving large assemblages
iof people or automobiles (Item J), and public or quasi
,public uses (Item M). The planning commission or Chula Chapter 19.58
vvista redevelopment corporation for projects located within USES
a designated redevelopment proiect area shall approve all
'other conditional use permits for unclassified uses not
'mentioned in this paragraph °" ^*"°r ^^'^°°'''°~+ ° ^^~ Sections:
Im°^'~^^°~' '^ '"'° ^^ •^^h. (Ord. 2958 § 1, 2004; Ord. ''19.58.010 Purpose of provisions.
'2921 § 2, 2003; Ord. 2449 § 1, 1991; Ord. 2296 § 6, 1989; 19.58.020 Accessory buildings.
Ord. 2169 § 1, 1986; Ord. 2075 § 3, 1984; Ord. 2054 § 1,
I 19.58.022 Accessory second dwelling units.
1983; Ord. 1878 § 2, 1979; Ord. 1711 § 1, 1976; Ord. 1697
~ 19.58.024 Adult-oriented recreation businesses.
I§ 1, 1976; Ord. 1626 §§ 1, 2, 1975; Ord. 1464 § 2, 1973; 19.58.030 Agricultural processing plants.
'Ord. 1456 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1281 § 2, 19.58.040 Amusement and entertainment facilities.
~~1970; Ord. 1246 § 2, 1969; Ord. 1232 § 2, 1969; Ord. 1212 '19.58.042 Carnivals and circuses.
§ 1, 1969; prior code § 33.535(A)). 19.58.050 Animal hospital, veterinarian facilities.
marvl Page 66 10-1 60 04/14/20103"~'~m'~^-'~~
EXHIBIT A
,19.58.055 Auctions of vehicles, heavy machinery and
equipment.
19.58.060 Automobile car wash facilities.
j 19.58.070 Automobile sales facilities.
119.58.080 Cemetery, crematory, mausoleum, or
columbarium.
~ 19.58.090 Club, country -Golf course.
'.19.58.100 Club, community building, social hall, lodge
and fraternal organization.
119.58.110 Church, hospital, convalescent hospital,
religious or eleemosynary institution.
19.58.115 Dance floors.
19.58.120 Drive-in establishments.
19.58.130 Dwelling groups.
119.58.140 Electric substations.
19.58.145 Factory-built housing.
'.19.58.147 Family day care homes, large.
119.58.148 Certified farmers' markets.
19.58.150 Fences, walls and hedges.
19.58.160 Fertilizer plants and yards.
',19.58.170 Golf driving ranges.
119.58.175 Hay and feed stores.
119.58.178 Hazardous waste facilities.
119.58.180 Heliports or landing strips for aircraft.
!;19.58.190 Kennels, riding academies and public
I stables.
~ 19.58.200 Labor camps.
19.58.205 Mixed commercial-residential projects in
the C-C-P zone.
'.19.58.210 Motels and hotels.
.19.58.220 Nursing homes.
',19.58.225 Repealed.
';19.58.230 Parking lots and public garages.
119.58.240 Poultry farm.
,19.58.244 Professional offices in the R-1 and R-3
zones.
119.58.245 Ambulance services.
119.58.260 Repair of vehicles.
19.58.270 Retail sales for guests only.
19.58.280 Service stations.
~i19.58.290 Shooting clubs.
19.58.310 Stables and corrals.
,19.58.320 Tract office, temporary.
X19.58.330 Trailers.
19.58.340 Recycling and solid waste storage.
'.19.58.345 Recycling collection centers.
19.58.350 Commercially zoned double frontage lots.
',19.58.360 Zoning wall or fence.
',19.58.370 Outside sales and display -Permanent
1 and temporary.
.19.58.380 Special events.
19.58.390 Senior housing development.
19.58.400 Recreational vehicle storage yards.
',19.58.410 Prohibition of flashing lights.
19.58.420 Water distribution facilities.
'19.58.430 Liquor Stores in the CN zone.
marvl Paee 67
19.58.010 Purpose of provisions.
The purpose of these special provisions is to
establish clear and definite terms and conditions
governing the development of certain uses,
possessing unique characteristics or problems, which
will enable diverse uses to be accommodated
harmoniously within the City, and to provide uniform
standards and guidelines for such development. (Ord.
1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(A)).
19.58.020 Accessory buildings.
A. An accessory building may be erected detached
from the principal building or, except when a stable,
may be erected as an integral part of the principal
building or it may be attached thereto by a breezeway
or similar structure.
B. Any accessory building attached to the main
building shall be made structurally a part of the main
building and shall comply in all respects with the
requirements of this title applicable to the main
building. Unless attached, an accessory building in an
R zone shall be at least six feet from any dwelling
existing or under construction on the same lot or any
adjacent lot. Except in the R-3-T zone, the following
shall apply:
1. No building may occupy any portion of a
required yard; except, that a detached garage or
carport, covered patio enclosed on not more than two
sides, or other accessory one-story building may
disregard any rear or side yard requirements if
located in the rear 30 percent of the lot, or back of the
front 70 feet of the lot;
2. An accessory building or covered patio
located 70 feet or less from the front property line
shall have the same side yard as that required for the
main building, regardless of whether said accessory
building is detached from the main building;
3. A covered patio, detached garage or
carport, or other accessory one-story building, may
cover an area not to exceed 30 percent, except as
allowed for parking structures in multiple-family zones
(see CVMC 19.28.100), of the area of any required
rear yard; except, that no accessory building in a rear
yard shall be required to have less than 400 square
feet;
4. A covered patio or detached accessory
building located in the rear 30 percent of the lot, or
back of the front 70 feet of the lot, shall be located
either on a property line or not less than three feet
from such line.
C. All accessory buildings shall be considered in
the calculation of lot coverage; garden shelters,
greenhouses, storage shelters and covered patios
shall be permitted as accessory buildings; provided,
that these uses are not equipped for use as living
quarters.
EXHIBIT A
D. Guest house accessory buildings shall not be
closer than 10 feet to the nearest point of the main
building. (Ord. 2145 § 2, 1986; Ord. 2124 § 7, 1985;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(1)).
they are located, and shall also be deemed consistent
with the General Plan and zoning designation of the
lot as provided. Accessory second dwelling units shall
not be considered a separate dwelling unit for the
purpose of subdividing the property into individual
condominium or lot ownership.
B. For the purposes of this section, the following
words are defined:
"Above' as used in this section means an
accessory second dwelling unit that is attached and
built over a primary residence including an attached
garage.
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Exhibit B. t -°Attached'
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Exhlbtt B. 2 - "13ehihd'
19.58.022 Accessory second dwelling units.
A. The purpose of this section is to provide
regulations for the establishment of accessory second
dwelling units in compliance with California
Government Code Section 65852.2. Said units may
be located in residential zone districts where
adequate public facilities and services are available,
and impacts upon the residential neighborhood
directly affected would be minimized. Accessory
second dwelling units are a potential source of
affordable housing and shall not be considered in any
calculation of allowable density of the lot upon which
maryl Pa>?e 63_
"Accessory second dwelling units" are independent
living facilities of limited size that provide permanent
provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as asingle-family
dwelling according to the provisions of subsection (C)
of this section.
"Attached" means that 50 percent of the accessory
second dwelling unit's wall, floor or ceiling will be
shared with the primary residence on the property
(Exhibit B.1 ).
"Basement" shall mean the same as defined in
CVMC 19.04.026.
"Behind" shall mean an accessory second dwelling
unit constructed either entirely between the rear of
the primary dwelling and the rear property line, or to
the side of the primary residence but set back from
the front plane of the primary residence at least 50
percent of the distance between the front and back
planes of the primary residence (Exhibit B.2).
"Buildable pad area" as used in this section means
the level finish grade of the lot not including slopes
greater than 50 percent grade (Exhibit 6.3).
Fachibot B. 3 -'Buildable Pad
Area"
EXHIBIT A
"Detached" means an accessory second unit
separated from the primary residence as specified in
sutiS`L@tgr#I~°4 3~~ ~tIM~L~'ti~}Is section means
those enclose porfions of the primary residence not
including the garage or other attached accessory
structures, such as covered but unenclosed patios,
balconies, etc.
"Primary residence" means the single-family
dwelling constructed on a lot as the main permitted
use by the zone on said parcel.
C. Accessory second dwelling units shall be
subject to the following requirements and
development standards:
1. Zones. Accessory second dwelling units
must accompany an existing primary residence on an
A, R-E, R-1, or PC zoned lot. However, construction
of the primary residence can be in conjunction with
the construction of an accessory second dwelling
unit. Where a guesthouse, or other similar accessory
living space exists, accessory second dwelling units
are not permitted. The conversion of a guest house or
other similar living areas into an accessory second
dwelling unit is permitted provided they meet the
intent and property development standards of this
section, and all other applicable CVMC requirements.
Accessory second dwelling units shall not be
permitted on lots within a planned unit development
(PUD), unless an amendment to the PUD is approved
and specific property development standards are
adopted for the construction of said dwelling units for
lots within the PUD. Accessory second dwelling units
are precluded from R-2 and R-3 zoned lots.
2. Unit Size. The maximum size of an
accessory dwelling unit on a given lot shall be
determined by either the buildable pad area of the lot,
or the size of the primary residence according to the
following table, so long as the combined living spaces
do not exceed the floor area ratio of the underlying
zone. The original buildable pad area of a lot may not
be increased by more than 20 percent through
regrading and/or the use of retaining walls or
structures.
Buildable Pad Maximum Gross Floor Area for
Area ASDUs
Less than 5,000 Not permitted
sq. ft.
5,000 - 9,999 sq. 650 sq. ft. or 50% of primary
ft. residence, whichever is less
10,000 sq. ft. or 750 sq. ft. or 50% of primary
greater residence, whichever is less
marvl Paee 69
3. Structure Relationships. The relationship
of an accessory second dwelling unit to the primary
residence shall be determined by the size of the
buildable pad area as follows:
Buildable Pad
Area Location of Unit
Less than Not permitted
5,000 sq. ft.
5,000 - 6,999 Attached, above, or basement
sq. ft. (detached not permitted)
7,000 sq. ft. or Attached, above or basement; or
greater detached, behind and on the same
buildable pad.
4. Structure Height. When attached, above,
or in a basement of the primary residence, an
accessory second dwelling unit is subject to the same
height limitation as the primary residence. When
detached from the primary residence, an accessory
second dwelling unit is limited to a single story or 15
feet, whichever is less. Height of an accessory
second dwelling unit is measured according to the
underlying zone.
5. Development Standard Exceptions. The
accessory second dwelling units shall conform to the
underlying zoning and land use development
standard requirements in regards to the main or
primary residence setbacks with the following
exceptions:
a. All second floor units shall be
located a minimum of 10 feet from any interior side or
rear lot lines.
b. For lots with up-slopes between the
side or rear of the house and the interior side or rear
property line, required yard setbacks are measured
from the toe of slope.
c. For lots with down-slopes between
the side or rear of the house and the interior side or
rear property line, required yard setbacks shall be
measured from the top of slope.
d. A detached accessory second
dwelling unit shall be located a minimum of 12 feet
from a primary residence.
6. Lot Coverage. Accessory second dwelling
units and all other structures on the lot are limited to
the maximum lot coverage permitted according to the
underlying zone. A detached accessory second
dwelling unit and all other detached accessory
structures shall not occupy more than 30 percent of
the required rear yard.
7. Access and Parking. Accessory second
dwelling units and the primary residence shall adhere
to the following access and parking regulations:
R3 04/14/20109~~~?~r3o^-'rte
EXHIBIT A
a. Accessory second dwelling units
shall be provided with one standard-sized parking
space for studio, one-bedroom, or two-bedroom units;
or two standard-sized parking spaces for units with
three or more ~d~~gr{~gwred parking space(s) shall
be on the same lot as the accessory second dwelling
unit. This parking is in addition to the parking
requirements for the primary residence as specified in
CVMC 19.62.170.
c. If the addition of an accessory
second dwelling unit involves the conversion of an
existing garage used by the primary residence, a
replacement two-car garage, per CVMC 19.62.190,
shall be provided prior to or concurrently with the
conversion of the garage into the accessory second
dwelling unit. If the existing driveway is no longer
necessary for the access to the converted garage or
other required parking, the paving for said driveway
shall be removed and appropriate landscaping shall
be installed in its place.
d. The access to all required parking
shall be from a public street, alley or a recorded
access easement. Access from a designated utility
easement or similar condition shall not be permitted.
For any lot proposing an accessory second dwelling
unit and served by a panhandle or easement access,
the access must be a minimum 20 feet in width.
e. Curb cuts providing access from the
public right-of-way to on-site parking spaces shall be
acceptable to the City Engineer. An encroachment
permit from the City Engineer shall be obtained for
any new or widened curb cuts.
f. The Zoning Administrator may
approve the use of an existing driveway and curb cut
if the primary residence driveway is 50 feet deep or
deeper as measured from the back of the public
sidewalk to the front of the primary structure, and
vehicular ingress and egress does not interfere with
the normal use of the driveway for access to the
primary residence's required parking.
g. Required parking spaces or
required maneuvering area shall be free of any utility
poles, support wires, guard rails, stand pipes or
meters, and be in compliance with CVMC 19.62.150.
h. Tandem parking may be allowed to
satisfy required parking for an accessory second
dwelling unit if it is consistent with all other
requirements of this section.
i. Parking screening consisting of a
decorative wall, fence, landscaping or other technique
satisfactory to the Zoning Administrator shall be
provided to screen the required parking spaces from
public view. If a gate is used to screen the required
parking space(s) from public view, an automatic
gate/door opener shall be provided and maintained
for the duration of the use. Parking shall not be
allowed in a location where an RV parking permit has
been issued for the storage of a recreational vehicle.
j. When a required parking space
abuts a fence or wall on either side, the space shall
be a minimum of 10 feet wide. If this area also serves
as the pedestrian access from an accessory second
dwelling unit to the street, the paving shall be a
minimum 12 felt ~iFk.9uired parking space or garage
shall be kept clear for parking purposes only. This
requirement shall be included in the land use
agreement for the proposed accessory second
dwelling unit.
8. Existing Nonconforming Situations. For
the purpose of evaluating existing nonconforming
structures or uses for compliance with Chapter 19.64
CVMC, the addition of an accessory second dwelling
unit shall be considered an addition to the primary
residence. Required corrections of any
nonconforming situations shall occur prior to or
concurrent with the addition of the accessory second
dwelling unit. In the event that the primary residence
does not include atwo-car garage, plans and permits
for an accessory second dwelling unit shall include
the construction of a two-car garage for the primary
residence, per CVMC 19.62.170. The garage shall be
conveniently located to serve the primary residence.
9. Utilities. The accessory second dwelling
unit shall be served by the same water and sewer
lateral connections that serve the primary residence.
A separate electric meter and address may be
provided for the accessory second dwelling unit.
10. Waste and Recycling. In accordance
with Chapters 8.24 and 8.25 CVMC, the property
owner shall establish and maintain a single refuse
and recycling collection service account from the city
or its solid waste and recycling contractor for both the
primary residence and the accessory second dwelling
unit.
11. Design Standards. The lot shall retain a
single-family appearance by incorporating matching
architectural design, building materials and colors of
the primary dwelling with the proposed accessory
second dwelling unit, and any other accessory
structure built concurrently with the accessory second
dwelling unit. However, the primary residence may be
modified to match the new accessory second dwelling
unit. Color photographs of the four sides of the
primary residence shall be submitted as part of the
accessory second dwelling unit building permit
application. The accessory second dwelling unit shall
be subject to the following development design
standards:
a. Matching architectural design
components shall be provided between the primary
residence, accessory second dwelling unit, and any
other accessory structures. These shall include, but
are not limited to:
i. Window and door type, style,
design and treatment;
EXHIBIT A
ii. Roof style, pitch, color,
material and texture!ii. Roof overhang and fascia size
and width;
iv. Attic vents color and style;
v. Exterior finish colors, texture
and materials.
b. The main entrance to an attached
accessory second dwelling unit and, if applicable, a
stairway leading to the unit, shall not be located on
the same side of the building as the primary
residence's main entrance. For detached accessory
second dwelling units, the entrance for the unit shall
be strategically located to preserve the lot's single-
family character, and shall not be clearly visible from
the street serving as the main entrance to the primary
residence.
c. A useable rear yard open space of a
size at least equal to 50 percent of the required rear
yard area of the underlying zone shall be provided
contiguous to the primary residence. Access to this
open space shall be directly from a common floor
space area of the primary residence such as living or
dining rooms, kitchens or hallways, and without
obstruction or narrow walkways.
d. A useable open space that has a
minimum dimension of six feet, and an area not less
than 60 square feet in area shall be provided
contiguous to an accessory second dwelling unit. A
balcony or deck may satisfy this requirement for
second story units.
e. A minimum three-foot-wide
pedestrian walk that connects the accessory second
dwelling unit with its required parking space and the
public sidewalk shall be provided. The pedestrian
walk shall be strategically located to provide the
shortest walking distance to parking or the street.
f. Windows on second story accessory
second dwelling units shall be staggered and oriented
away from adjacent residences closer than 10 feet.
The location and orientation of balconies or decks
shall also be oriented away from adjacent neighbors'
backyard and living space windows.
g. Trash and recycling containers must
be stored between pick-up dates in an oh-site
location that is screened from public view and will not
compromise any required open space areas.
12. Designated Historical Sites. An
accessory second dwelling unit may be allowed on
designated or historical sites provided the location
and design of the accessory second dwelling unit
meets corresponding historical preservation
requirements in place at the time the accessory
second dwelling unit is built, and complies with the
requirements of this section including the following:
a. Regardless of the lot size that
qualifies the property for an accessory second
dwelling unit, the accessory second dwelling unit shall
be detached and located behind the primary
residence or historic structure.
b. The construction of the accessory
second dwelling unit shall not result in the removal of
any other historically significant accessory structure,
such as garages, outbuildings, stables or other similar
structures.
c. The accessory second dwelling unit
shall be designed in substantially the same
architectural style and finished materials composition
as the primary residence or historic structure.
d. Construction of an accessory
second dwelling unit shall not result in demolition,
alteration or movement of the primary
residence/historic house and any other on-site
features that convey the historic significance of the
house and site.
e. If the historic house/site is under a
Mills Act contract with the City, the contract shall be
amended to authorize the introduction of the
accessory second dwelling unit on the site.
13. Inspections. The addition of an
accessory second dwelling unit to a property shall
include two site inspections at the following times:
a. Prior to the approval of the building
permit, the Planning Division staff shall conduct a
field inspection to verify the drawings submltted for
the permit are accurate with regard to grading, on-site
building location, primary residence design color and
materials composition, location of adjacent structures,.
etc. Any discrepancies on the drawings must be
corrected so that the subject property and resulting
structures are in compliance with this section and
other related sections of the CVMC.
b. Prior to or concurrent with the final
inspection of the ne~v accessory second dwelling unit
and the issuance of an occupancy permit by the
Building Official, Planning Division staff shall conduct
an inspection of the lot to verify that the accessory
second dwelling unit has been constructed and the lot
has been improved per the approved plans, and that
the required land use agreement outlining the
accessory second dwelling unit requirements has
been filed and recorded and complied with prior to
occupancy.
14. Occupancy Requirement. At the time a
building permit is issued and continuously thereafter,
the owner of the property shall reside on the lot on
which the accessory second dwelling unit is Located
or constructed. The Zoning Administrator shall have
the authority to suspend this occupancy requirement
for a period not to exceed five years when evidence
has been submitted that one of the following
situations exists:
a. The property owners' health
requires them to temporarily live in an assisted living
or nursing facility.
marvl Pale 71 ~g_i ss 04/14/20109~,~'?~/~o=o
EXHIBIT A
b. The property owner is required to
live outside the San Diego region as a condition of
employment. c. The property owner is required to
live elsewhere to care for an immediate family
member.
d. The current property owner has
received the property as the result of the settlement
of an estate.
15. Land Use Agreement. Concurrent with
the issuance of building permits for the construction
of an accessory second dwelling unit, the property
owner shall sign a land use agreement prepared by
the City which sets forth the occupancy and use
limitations prescribed in this section. This agreement
will be recorded by the City Clerk with the County of
San Diego Recorder on title to the subject property.
This agreement shall run with the land, and inure to
the benefit of the City of Chula Vista.
D. Annual Report. An annual report outlining the
number of accessory second dwelling units, their
size, number of bedrooms and number of parking
spaces provided shall be prepared by the Zoning
Administrator and presented to the Planning
Commission in January of every year for the purpose
of monitoring the construction of accessory second
dwelling units. The Planning Commission may
recommend to the City Council changes to this
section based on their evaluation of the annual report.
(Ord. 3074 § 1, 2007; Ord. 2957 § 1, 2004; Ord. 2951
§ 1, 2004; Ord. 2897 § 6, 2003).
19.58.024 Adult-oriented recreation businesses.
A. The following described businesses are deemed
to be adult-oriented recreation businesses, and shall
only be permitted in the C-T zone:
1. Adult bookstores;
2. Adult motion picture theaters;
3. Adult mini-motion picture theaters;
4. Cabarets;
5. Coin-operated adult entertainment
facilities;
parlors;
6. Massage parlors;
7. Body painting studios;
8. Dancehalls;
9. Model studios;
10. Sexual encounter studios and rap
11. Narcotic or drug paraphernalia shops.
B. Location Requirements. An adult-oriented
recreation business shall only be located in the C-T
zone, and no such business shall be located within
500 feet of residentially zoned territory, which is
located upon the same street or streets, or is within
500 feet of residentially zoned or residentially used
properties as measured along street rights-of-way
from the proposed location to the boundary line of
said residentially zoned or used properties, or is
located within 500 feet measured radially of any
building site containing a school, park, church or
playground. Furthermore, no adult-oriented recreation
business shall be located within 1,000 feet of another
adult-oriented recreation business.
C. Specific Standards -View of Interior from Public
Way. All building openings, entries and windows from
adult entertainment establishments shall be located,
covered or screened in such a manner as to prevent
a view into the interior from any public or semipublic
area, including public sidewalks, streets, arcades,
hallways or passageways, of any material which has
as its primary or dominant theme matter depicting,
illustrating, describing or relating to specified sexual
activities or specified anatomical areas, or of drug
paraphernalia, as defined in this title. Further, such
businesses may not have signs, graphics, or window
displays which in any way present, depict, illustrate or
describe any such material. (Ord. 1954 § 1, 1981;
Ord. 1855 § 1, 1979).
19.58.030 Agricultural processing plants.
Agricultural processing plants in an A zone, which
process agricultural products produced on the
premises or within a contiguous agricultural area,
shall be so located as to provide convenient trucking
access with a minimum of interference to normal
traffic and shall provide parking and loading spaces.
Proponents shall show that adequate measures shall
be taken to control odor, dust, noise and waste
disposal so as not to constitute a nuisance, and shall
show that the proposed source of water will not
deprive others of normal supply. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(B)(2)).
19.58.040 Amusement and entertainment
facilities.
Amusement and entertainment facilities such as
bowling alleys, dancehalls, amusement parks and
other similar recreational facilities shall be subject to
the following development standards:
A. All structures shall maintain a minimum setback
of 20 feet from any residential zone.
B. Ingress and egress from the site shall be
designed so as to minimize traffic congestion and
hazards.
C. Adequate controls or measures shall be taken
to prevent offensive noise and vibration from any
indoor or outdoor activity onto adjacent properties or
uses.
D. Amusement arcades or centers shall also be
subject to the following:
1. Game play (except mechanical rides) by
minors is prohibited during normal school hours, 7:30
a.m. and 3:00 p.m.,` and between the hours of 10:00
maryl Paee 72 1 Q-1 66 04/14/2010^~~-~'O~o
EXHIBIT A
p.m. and 6:00 a.m. prior to a school day, except when
accompanied by an adult 21 years of age or older;
2. There shall be adult supervision (persons
18 years of age or older) at all times;
3. A bicycle rack for at least 10 bicycles shall
be provided at or near the main entrance into the
establishment;
4. No alcoholic beverages shall be sold or
consumed on the premises, except in those instances
where a restaurant in conjunction with said use has
been approved through the conditional use permit
process;
5. At least one public restroom shall be
provided on the premises; and
6. The license for the game(s) shall be
displayed on the premises.
The planning commission has the right to impose
additional standards or waive any of the above
standards on the fnding that said standards are or
are not necessary to protect the public health, safety
and general welfare.
All existing establishments with four or more
amusement games which are operating without a
conditional use permit must apply for such within 120
days from the adoption of this provision. The
application will be processed by the zoning
administrator.
E. Amusement games as accessory uses (fewer
than four game machines) shall be subject to the
following:
1. Except for mechanical rides, all
amusement games shall be located within the
establishment;
2. Adult supervision (persons 18 years of
age or older) shall be provided at all times;
3. Game play (except mechanical rides) by
minors is prohibited during normal school hours, 7:30
a. m. and 3:00 p.m.,' and between the hours of 10:00
p.m. and 6:00 a.m. prior to a school day, except when
accompanied by an adult 21 years of age or alder;
4. Game play by minors is prohibited in
liquor stores;
5. A zoning permit shall be obtained from the
planning department and a business license issued
by the finance department prior to the installation of
any amusement game; and
6. The license for the game(s) shall be
displayed on the premises.
The zoning administrator may modify or waive any
of the above regulations upon a determination that
the provision is being satisfed by another acceptable
means.
Any violation of the above regulations which has
been substantial shall be sufficient grounds for the
zoning administrator to revoke the zoning permit and
removal of the games from the premises. (Ord. 2053
§ 1, 1983; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33901(6)(3)).
Note: Game play during normal school hours will
be allowed if verification of holiday oryear-around
school schedule is presented to the operator.
19.58.042 Carnivals and circuses.
Carnivals and circuses shall be subject to the
following development standards:
A. Carnivals shall be restricted to locations where
the ingress and egress from the site shall be
designed so as to minimize traffic congestion and
hazards and provide adequate parking.
B. Adequate controls or measures shall be taken to
prevent offensive noise, vibration, dust and glare from
any indoor or outdoor activity onto adjacent property
or uses.
C. The time of operation and the duration shall be
limited by consideration of the impacts on the
surrounding uses or the community as a whole. The
frequency of operation at a particular location shall be
a consideration in determining whether or not to grant
the permit. Carnivals and circuses shall have
adequate insurance, pursuant to city council policy, to
indemnify the city from liability. A business license
shall be required.
D. The site shall be cleared of weeds and
obstructions. Fire regulations shall be met as
established by the fire marshal including inspection
prior to opening. Security guards as required by the
police department shall be provided. Uniformed
parking attendants are to be determined by the traffic
engineer. The number of sanitary facilities shall be as
determined by the department of planning and
building. All electrical installations shall be inspected
and approved by the department of planning and
building.
E. The zoning administrator has the right to impose
additional standards or waive any of the above
standards on the finding that said standards are or
are not necessary to protect the public health, safety
and general welfare.
F. A bond shall be posted to cover any work and
compliance with conditions to be done once the
carnival is over. Any violation of the above regulations
which has been substantial shall be sufficient grounds
for the zoning administrator to revoke the conditional
use permit and require removal of the circus or
carnival from the property. (Ord. 2790, 1999; Ord.
2074 § 4, 1984).
19.58.050 Animal hospital, veterinarian facilities.
Animal hospital and veterinarian facilities shall be
located no closer than 100 feet to any residential
zone, or restaurant, hotel or motel in any zone, and
shall show that adequate measures and controls shall
be taken to prevent offensive noise and odor before a
zoning permit is granted (see CVMC 19_66.080
through 19.66.150). No incineration of refuse or
animal carcasses shall be permitted on the premises.
04/14/20109~,4?~,4~~^
~v
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(4)).
19.58.055 Auctions of vehicles, heavy machinery
and equipment.
A. Subject use shall only be allowed by the
issuance of a conditional use permit by the planning
commission in the I-P (general industrial -precise
plan) zone.
B. The applicant shall list specific items proposed
to be auctioned. Said items shall meet the categories
"vehicle, heavy machinery and equipment." The
conditional use permit, if issued, shall clearly specify
the types of items authorized for auctioning as
determined by the issuing authority (the planning
commission, or city council if appealed).
C. Auctions shall be limited to one per week with a
minimum of one week between auctions.
D. Auctions shall only be held between the hours
of 8:00 a. m. and 5:00 p.m.
E. All areas shall be properly paved, striped and
improved to city standards, and screened to the
satisfaction of the city engineer and the director of
planning.
F. Outdoor loudspeakers shall be prohibited unless
a noise study conducted by a certified acoustician
determines that the proposal can meet the city's
noise standards.
G. The on-site repair or dismantling of automobiles
or equipment by purchasers is prohibited. (Ord. 2584
§ 5, 1994).
19.58.060 Automobile car wash facilities.
A. All equipment used far the facility shall be
soundproofed so that any noise emanating therefrom,
as measured from any point on adjacent property,
shall be no more audible than the noise emanating
from the normal street traffc at a comparable
distance.
B. Hours of operation shall be from 7:00 a.m. to
11:00 p.m., unless specifically approved by the
planning commission.
C. Vacuuming facilities shall be located to
discourage the stacking of vehicles entering the car
wash area and causing traffic congestion adjacent to
any areas used for ingress or egress.
D. The car wash location, technology and related
drainage facilities shall be designed and constructed
so as to prevent damage to pavement or other
infrastructure from water from the car wash operation
being carried off-site, to provide a means to collect
and retain potentially toxic material, and to use
recycled water to the extent possible. (Ord. 2491 § 3,
1992; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(6)(5)).
Automobile sales facilities, new and used, shall
provide customer off-street parking equal to one-tenth
of the car storage capacity of the facility, with ingress
and egress designed to minimize traffc congestion,
and shall provide asix-foot-high masonry wall
separating the entire area from abutting residential
property, except as provided under CVMC 19.58.055
for auctions. Said wall may be replaced with a fence
subject to department approval. (Ord. 2584 § 6, 1994;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
& 33.901(6)(6)).
19.58.080 Cemetery, crematory, mausoleum, or
columbarium.
Cemeteries, crematories, mausoleums, or
columbariums shall provide entrance on a major or
secondary thoroughfare with ingress and egress so
designed as to minimize traffic congestion, and shall
provide a minimum six-foot-high evergreen hedge or
provide a minimum of 20 feet of permanently
maintained landscaped strip on all property lines
abutting any R zone or residential street. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(7)).
19.58.090 Club, country -Golf course.
Country club and golf course regulations are as
follows:
A. No building shall be located within 20 feet of any
property line.
B. Facilities, such as restaurants and bars, may be
permitted when conducted and entered from within
the building.
C. Swimming pools, tennis courts, and the like
shall be located not less than 25 feet from any
property line, and when adjoining property in an R or
C zone, shall be effectively landscaped, subject to the
approval of the director of planning and building.
(Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.901(6)(8)).
19.58.100 Club, community building, social hall,
lodge and fraternal organization.
For clubs, community buildings, social halls, lodges
and fraternal organizations in R zones, the following
provisions apply:
A. All buildings must be a minimum of 10 feet from
the side lot lines, and 25 feet from the rear lot line.
B. There shall be no external evidence of any
incidental commercial activities nor any access to any
space used for such activity other than from within the
building.
C. Any such use must be able to provide access
without causing heavy traffic on local residential
streets. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(6)(9)).
19.58.070 Automobile sales facilities.
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EXHIBIT A
19.58.110 Church, hospital, convalescent
ho5~p~tyr ~u$q~~~e~b?{~14i~hor
other religious or eleemosynary institution in any R
zone shall be located on collector street or
thoroughfare with a minimum parcel of one acre; shall
maintain a 10-foot-wide minimum landscaped strip or
solid six-foot fence or masonry wall on all property
lines abutting said R zone; except, that said fence or
wall may be reduced to three and one-half feet in a
landscaped front setback area not containing parking
facilities; and shall have side yard and rear yard
setbacks of at least 20 feet and a front yard setback
of at least 20 feet. These shall be considered
guidelines rather than standards in the case of
churches.
B. The provision of temporary shelter for the
homeless in accordance with the following standards
and requirements is considered accessory to church
use subject to compliance with the following
standards:
1. A shelter may accommodate a maximum
of 12 guests for two weeks per year. Two additional
nonconsecutive two-week periods may be authorized
by the zoning administrator provided no opposition
has been expressed by surrounding property owners
or residents; otherwise the city council shall have the
authority to grant such extensions.
2. The guests shall be prescreened by a
recognized social service agency to determine
resident suitability. Active alcohol or drug abusers as
well as those with criminal convictions of a felony or
any crime of violence or significant mental illness
shall be excluded from the program. Supervision shall
be provided at all times both on-site and during
arrivals and departures from the shelter.
3. A floor plan and set-up of the space to be
occupied shall be submitted along with a description
of the prescreening agency and criteria.
A post set-up, pre-shelter inspection shall be
conducted by the city in order to determine
compliance with applicable building, health, safety
and fire regulations.
4. A church which is providing shelter for the
first time, or which has not provided shelter in the last
18 months, shall provide the city with certification that
written notice of the proposal has been given to
properties within 300 feet of the shelter site. The host
congregation is encouraged to hold a neighborhood
meeting to inform residents of the proposal and
answer questions well before the commencement
date.
5. The shelter may be subject to closure for
the violation of the standards or determination by the
zoning administrator that the shelter guests have
been the negligent or intentional cause of one or
more neighborhood disturbances.
6. Shelter proposals beyond the limit noted
in subsection (B)(1) of this section, including
marvl Pace 75_
extensions, are considered conditional uses and may
only be permitted by issuance of a conditional use
permit. (Ord. 2485 § 1, 1991; Ord. 2290 § 1, 1989;
Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(B)(10)).
19.58.115 Dance floors.
Dance floors in conjunction with restaurants, bars,
cocktail lounges or night clubs shall be subject to the
following standards:
A. Any structure containing a dance floor shall
maintain a minimum setback of 20 feet from any
residential zone;
B. Ingress and egress from the site shall be
designed so as to minimize traffc congestion and
hazards;
C. Adequate controls or measures shall be taken
to prevent offensive noise and vibration from within
the establishment adversely affecting adjacent
properties or uses;
D. Parking requirements, as established in CVMC
19.62.050.
The zoning administrator may modify or waive any
of the above regulations upon a determination that
the provision is being satisfied by another acceptable
means. The zoning administrator may require
additional conditions of approval based on an
analysis of the site.
Any violation of the above regulations or other
conditions attached to the permit shall be sufficient
grounds for the city council to suspend or revoke the
dance floor license pursuant to CVMC 5.26.120. (Ord.
2273 § 8, 1988).
19.58.120 Drive-in establishments.
A. Drive-in establishments, except theaters, shall
be permitted only where:
1. They are clearly required by public
convenience and necessity;
2. They do not break up continuity of retail
store frontage for pedestrians;
3. They will not cause traffic hazards or
undue traffic congestion;
4. An enclosed area with containers is
provided for waste and trash;
5. They will not be a nuisance to residences
or other surrounding uses.
B. Theaters shall be located only on major or
secondary thoroughfares; shall provide ingress and
egress so designed as to minimize traffic congestion;
shall be located not less than 200 feet from any R
zone, and so screened from such district that any
noise shall not disturb residents or prospective
residents; and shall maintain lighted signs and other
lights only in such a way as not to disturb neighboring
residents. Any projection screen image shall be so
located or screened as not to be easily visible from
~ n ~ ao 04/14/20109q,4?0,~~~
EXHIBIT A
any major or secondary thoroughfare. (Ord. 1356 § 1
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(11)).
19.58.130 Dwelling groups.
A dwelling group as defined in CVMC 19.04.076
may be permitted; provided, that all of the following
conditions and requirements are met:
A. The area of the lot devoted to each structure
used for dwelling purposes shall be equal to the
minimum lot size of the underlying zone exclusive of
the access road and guest parking areas.
B. Each dwelling shall be connected to a gravity
sewer or any other means approved by the city
engineer.
C. All on-site utilities shall be undergrounded.
D. No garage conversions shall be permitted.
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 number
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 fre 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 consider
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
roadway and from any setback line set forth in this
section. Any garage facing the access roadway shall
be a minimum of 22 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 dwellings
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 provision
shall be subject to the regulations and requirements
of this title except as otherwise regulated in this
sgction.
N. The development shall be subject to site plan
and architectural approval of the director of planning.
0. The types of dwelling structures permitted under
this provision shall be limited to those listed under the
permitted uses of the underlying zone. (Ord. 1874
§ 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(13)(12)).
19.58.140 Electric substations.
Electric substations, when located in A, R, C-O, C-
V and C-N zones, shall conform 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-link fence subject to staff
approval, not less than six feet in height, with locked
gates at all points of access. Facilities may also be
housed inside an approved structure. The wall or
fence may be waived by the planning commission if
they find there would be no detrimental effect on the
adjacent areas by elimination of this 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 sprinklers or
appropriate automatic irrigation devices. (Ord. 1356
§ 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(13)):
19.58.145 Factory-built housing.
"Factory-built housing" means any housing unit
prefabricated or constructed off-site of the building
site in modular increments of whatever nature in
accordance with the standards established by state
and local government. In accordance with the
provisions of this title, such units, subject to any
architectural 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 § 2, 1981).
marvl Pa>?e 76 10-170 04/14/20100~~3~!'~0
EXHIBIT A
19.58.147 Family day care homes, large.
A large family day care home shall be allowed in the R-E
Viand R-1 zones, and within the P-C designated R-E and R-
'Szones, upon the issuance of a large family day care
I, permit by the zoning administrator and in compliance with
'the following standards:
A. Notice shall be given to properties within 5300 feet of
'ithe proposed large family day care home at least 10 days
',prior to consideration of the permit.
' B. The permit shall be considered without public hearing
.unless a hearing is requested by the applicant or other
affected party by the hearing deadline date. The applicant
'or other affected party may appeal the zoning
'iadministrator's decision to the city councilplanning
'~ serzuaissiea.
C. The family day care function shall be incidental to the
',residential use of the property.
D. A large family day care home shall not locate within:
1. Three hundred (300) feet of another such
!facility with said measurement being defined as the
'ishortest distance between the property lines of any such
facilities; and
' 2. One thousand two hundred (1,200) feet of
,another such facility along the same street with said
'~, measurements being defined as the shortest distance
between front property lines, as measured along the same
',street, of any such facilities.
', E. The owner must provide adouble-wide driveway
',which shall be paved to meet city standards and be a
'minimum of 16 feet wide and 19 feet in depth as measured
,from the edge of sidewalk to any vertical obstruction. The
driveway shall be available during all hours of operation for
',the loading and unloading of children. If a garage exists on-
isite, it must be utilized for parking of personal vehicle(s). In
ahe event that less than atwo-car garage exists on-site, the
'owner must designate an area on-site other than on the
(driveway so that a total of two personal vehicles can be
~~ parked on-site, including the garage. Notwithstanding the
',foregoing, the applicant must comply with all other
municipal code provisions as to parking and traffic.
I F. If, in the opinion of the zoning administrator, there is a
';potential for significant traffic problems, the zoning
'administrator shall request review of the application by the
',city traffic engineer. The city traffic engineer may impose
',accessory requirements for the day care permit in these
',instances to insure maintenance of traffic safety levels
',within the vicinity of the home.
', G. Adequate outdoor play space shall be required and
',determined on a case-by-case basis. Outdoor play activity
ishall not be allowed in the front or exterior side yard of the
'.home.
H. Play areas shall be designed and located to reduce
the impact of noise on surrounding properties.
I. A business license will be obtained concurrently with
,the use permit.
J. At the city's discretion, an annual review of the permit
;may be done to determine compliance with state and city
jrequirements and the permit's conditions of approval. (Ord.
'.2793 § 1, 1999; Ord. 2717 § 1, 1998; Ord. 2269 § 2, 1988;
',Ord. 2123 § 1, 1985; Ord. 2111 § 8, 1985).
'19.58.148 Certified farmers' markets.
"Certified farmers' market" means a retail sales
operation, generally outdoors, selling predominantly fresh
'.produce"and/or flowers which is subject to the certification
'regulations of the State of California Department of
Agriculture, Weights and Measures, and the county of San
Diego's Department of Environmental Health.
A certified farmers' market shall operate under the
following rules:
A. Operational Requirements.
1. A farmers' market shall operate no more than
',once a week, with the day and hours of operation
lestablished by the conditional use permit.
2. The sales area shall maintain a 25-foot setback
from the street.
3. The market shall be located on a paved
'surface, except for areas used for animal rides.
4. The sales area shall be kept in a neat and well-
. kept manner at all times.
B. Signs. The operator of a farmers' market shall obtain
approval of a planned sign program for all signs. The
'development and approval of the planned sign program
shall comply with the provisions of CVMC 19.60.050 and
ttie following:
1. Temporary signs, whether a part of or not a part
of the planned sign program, identifying the farmers'
.market and hours thereof may only be displayed during the
.event, and not more than four hours before and one hour
after said event.
2. Pennants may be used only for safety and
,precautionary purposes.
3. Price signs may be used only when of a size
,and location as to beneft the pedestrian shopper and not
'passing vehicles.
C. Required Conditions. The conditional use permit shall
include requirements or standards for the following:
1. Live animals, live entertainment or rides if any
(,are proposed.
I 2. On-and off-site security and traffic controls.
3. Emergency access provisions.
', 4. Restrooms.
S. Waste management and recycling.
6. The initial term of a certifed farmers' market
'use permit shall be for a period not to exceed one year.
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D. Parking. A certifed farmers' market shall provide
(customer parking at a ratio of one space per 200 square
feet of the maximum shopping area proposed. The term
"shopping area" includes the area occupied by produce
stands, vendor storage, walkways and aisles. If adequate
,parking is not available on-site, the operator shall provide
!off-site parking within 300 feet of the market area as
marvl Page 77 , n , „ 04/14/20I0~9
EXHIBIT A
'measured along permanently available pedestrian routes.
!Said off-site parking shall be clearly identified as parking
'for the farmers' market, including signs at the market
'.directing patrons to the off-site parking location.
E. If a certified farmers' market is located in a residential
',zone, it must be on property used primarily for public or
quasi-public uses.
F. Any other conditions of approval set forth in the
conditional use permit. (Ord. 2958 § 2, 2004).
1.19.58.150 Fences and ,walls ^^a~~~~s.
A fence or; wall eNaedge subject to the provisions of
CVMC 12.12.120 and 12.12.130, not more than three and
,one-half feet in height, may be maintained and located on
',any part of a lot. Those in excess of three and one-half feet
'may be located as follows:
A. A fence or, wall efiuedge-not more than six feet in
height may be maintained and located on any part of an
interior or corner lot, to the rear of the required front and
exterior side yard setbacks.
B. In any residential zone, a fence or, wall ", not
more than six feet in height, may be maintained and
.located within a required exterior side yard subject to
,approval of the zoning administrator, who shall consider
'.adjacent driveways, traffic hazards and topographic
(differences. A masonry wall shall consist of decorative
features and a fence shall be interspersed with masonry
',pilasters, a maximum of 15 feet apart to insure a pleasing
I and aesthetic effect to the adjacent areas. Landscaping
(Shall be required between the wall or, fence, ^~"^~^~° and
,the sidewalk if said wall or, fence " is not located at
(,the edge of a sidewalk.
C. Portions of fences or walls over six feet in height, to
enclose tennis courts or other game areas, and located
',where six-foot fences are otherwise permitted, shall be
(composed of wire mesh capable of admitting at least 90
~1 percent of available light as measured on a light meter.
Such fences over six feet in height may be permitted
subject to approval of the zoning administrator based on a
(finding that such fences will not constitute a nuisance to
,abutting property.
D. In any commercial or industrial zone, fences or, walls
aFhedges may be allowed or required to a maximum
',height of nine feet if it is determined by the zoning
(administrator that said increase in height is necessary to
',protect the public health, safety or general welfare and
,would have no detrimental effect upon the surrounding
(neighborhood. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(6)(14)).
19.58.160 Fertilizer plants and yards.
Fertilizer plants and yards shall be no closer than
200 feet to any residential district; shall provide
automobile parking and truck loading areas, together
with ingress and egress so designed as to minimize
traffic hazard and congestion; and shall show that
odor, dust, noise and drainage will not constitute a
nuisance to surrounding properties (Ord. 1356 § 1
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(15)).
19.58.170 Golf driving ranges.
..Golf driving ranges shall be located only on major
or secondary thoroughfares except when incidental to
a golf course. Floodlights used to illuminate the
premises shall be so directed and shielded as not to
be an annoyance to any developed residential
property. The golf driving platform shall be not less
than 200 feet from any adjacent R zone. The driving
area shall be planted with grass, equipped with a
sprinkler system, and maintained in good condition at
all times. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
prior code § 33.901(6)(16)).
19.58.175 Hay and feed stores.
Retail hay and feed stores in A -agricultural zone
shall conform to the following:
A. Whenever a hay and feed store is located within
100 feet of any residence not on the same lot as the
store, storage of hay and feed shall be totally
enclosed within the building(s) and properly
ventilated.
B. Storage of readily combustible materials which
exceed a volume of 2,500 cubic feet shall be
permitted only upon approval by the fre marshal.
C. At the time of filing an application for a
conditional use permit, the applicant shall show that
odor and dust will not constitute a nuisance or hazard
to adjoining properties or uses. (Ord. 1604 § 2, 1975;
prior code § 33.901(6)(16.1)).
19.58.178 Hazardous waste facilities.
A hazardous waste facility as defined in CVMC
19.04.107 may be considered for permitting only
within an industrial zone which is also located within a
general area identified in Section 5.5 of the public
facilities element of the general plan as an area
appropriate for the acceptance and consideration of
an application for such a facility. A hazardous waste
facility may be allowed within a location as indicated
above upon the issuance of a conditional use permit,
subject to the following standards and guidelines:
A. Purpose and Intent. It is the intent of this section
to establish and clarify local requirements and
procedures for the review and approval of conditional
use permit applications for a hazardous waste facility,
consistent with the provisions of Section 25199, et
seq., of the California Health and Safety Code
(Tanner Act), and with the objectives, policies, and
criteria of the public facilities element of the general
plan regarding hazardous waste management
planning, and the siting and permitting of hazardous
waste facilities.
B. Applicability. Any conditional use permit granted
for a hazardous waste facility pursuant to CVMC
maryl Page 78 10-172 04/14/2010~:;/~~~~
EXHIBIP A
19.14.060 through 19.14.130 shall comply with the
applicable provisions of this section which are
supplementary to, and in the event of conflict shall
supersede, the regulations set forth in CVMC
19.14.070 through 19.14.130. Subsections (D), (E),
(F), (G), (H), (p, (J), and (K) of this section shall apply
to all hazardous waste facilities as defined in CVMC
19.04.107, and as herein defined.
C. Definitions.
1. "Hazardous waste" shall mean a waste, or
combination of wastes, which because of its quantity,
concentration, or physical, chemical, or infectious
characteristics may either:
a. Cause or significantly contribute to
an increase in mortality or an increase in serious
irreversible, or incapacitating reversible, illness.
b. Pose a substantial present or
potential hazard to human health or the environment
when improperly treated, stored, transported,
disposed of, or otherwise managed.
In addition, "hazardous waste" shall include
the following:
a. Any waste identified as a hazardous
waste by the State Department of Toxic Substances
Control.
b. Any waste identified as a hazardous
waste under the Resource Conservation Recovery
Act, as amended, 42 USC Section 6901, et seq., and
any regulations promulgated thereunder.
c. Extremely or acutely hazardous
waste, which includes any hazardous waste or
mixture of hazardous wastes which, if human
exposure should occur, may likely result in death,
disabling personal injury or serious illness caused by
the hazardous waste or mixture of hazardous wastes
because of its quantity, concentration, or chemical
characteristics.
2. "Hazardous waste facility' means any
facility used for the storage, transfer, treatment,
recycling, and/or disposal of hazardous wastes or
associated residuals as defined in CVMC 19.04.107.
3. "Land use decision" shall mean a
discretionary decision of the city concerning a
hazardous waste facility project, including the
issuance of a land use permit or a conditional use
permit, the granting of a variance, the subdivision of
property, or the modification of existing property lines
pursuant to Title 7 (commencing with Section 65000)
of the California Government Code.
D. Notice of Intent To Apply -Application for a
Land Use Decision -Completeness of Application.
1. Pursuant to the provisions of State Health
and Safety Code Section 25199.7(a) and (b), at least
90 days before filing an application for a conditional
use permit for a hazardous waste facility, the
applicant shall file with the planning department and
with the Office of Permit Assistance in the State
Office of Planning and Research a notice of intent
(NOI) to make the application. The NOI shall be on
such form as approved by the director of planning,
and shall specify the project location to which it
applies, and contain a complete description of the
nature, function, and scope of the project.
2. The planning department shall provide
publiq notice of the applicant's intent to apply for a
conditional use permit, pursuant to the noticing
procedure in CVMC 19.12.070, and by posting
notices in the location where the proposed project is
located.
3. Costs incurred by the city in processing
said public notice shall be paid by the project
proponent through establishment of a deposit account
for such purposes with the planning department at the
time the NOI is filed.
4. The NOI shall remain in effect for one
year from the date it is f led, unless it is withdrawn by
the proponent. However, a NOI is not transferable to
a location other than that specified in the NOI, and in
such instance the proponent proposes to change the
project location, a new NOI shall be prepared, and
the procedure shall begin again for the new location.
5. Within 30 days of the filing of the NOI, the
applicant shall schedule a preapplication conference
with the planning department to be held not later than
45 days thereafter, at which time the applicant and
the planning department shall discuss information
and materials necessary to evaluate the application.
Within 30 days after this meeting, the director of
planning shall inform the applicant, in writing, of all
submittals necessary in order to deem the conditional
use permit application complete.
6. The applicant may not fle an application
for a conditional use permit unless the applicant has
first complied with the above items, and presented
the required application fee. Furthermore, said
application shall not be considered and acted upon
until it is deemed complete as provided by CVMC
19.14.070, and until all materials necessary to
evaluate the application as set forth by the director of
planning pursuant to subsection (D)(5) of this section
have been received and accepted as to content.
7. An application is not deemed to be
complete until the planning department notifies the
applicant, in writing, that the application is complete.
Said notification of completeness, or incompleteness,
shall be provided within 30 days of the application
submittal, or resubmittal, as applicable. After an
application is determined to be complete, the
planning department may request additional
information where necessary to clarify, modify, or
supplement previously submitted materials, or where
resulting from conditions which were not known, and
could not reasonably have been known, at the time
the application was received.
8. The planning department shall notify the
Office of Permit Assistance in the State Office of
Planning and Research within 10 days after an
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EXHIBIT A
application for a conditional use permit is accepted as
complete by the planning department.
E. Preapplication Public Meeting.
1. Within 90 days after a NOI is fled with the
planning department and Office of Permit Assistance
in the State Office of Planning and Research
pursuant to subsection (D)(1) of this section, the
Office of Permit Assistance will, in cooperation with
the planning department, convene a public meeting
("preapplication meeting") in the city of Chula Vista for
the express purpose of informing the public on the
nature, function, and scope of the proposed project
and the procedures that are required for approving
applications for the project.
2. The city shall arrange a meeting location
in a public facility near the proposed project site, and
shall give notice of said meeting pursuant to the
noticing procedures in CVMC 19.12.070 and by
posting at the proposed project site.
3. All affected agencies, including, but not
limited to, the State Department of Health Services/
Toxic Substance Control Program, regional water
quality control board, county department of health
services -hazardous materials management division,
and the air pollution control district, shall send a
representative who will explain to the public their
agency's procedures for approving permit
applications for the project, and outline the public's
opportunities for review and comment on those
applications.
F. Local Assessment Committee -Formation and
Role.
1. At any time after filing of the NOI, but not
later than 30 days after an application for a land use
decision has been accepted as complete, the city
council shall appoint a seven member local
assessment committee (LAC) to advise the city in
considering the hazardous waste facility proposal.
2. The membership of the LAC shall be
broadly constituted to reflect the makeup of the city,
and shall include three representatives of the city at
large, two representatives of environmental or public
interest groups, and two representatives of affected
businesses and industries. Members of the LAC shall
have no direct financial interest, as defined in Section
87103 of the California Government Code, in the
proposed project.
3. The LAC is solely an advisory committee,
and is not empowered with any decision-making
authority relative to the proposed project, nor with the
legal standing to assert specific project conditions.
Rather, the LAC provides a mechanism for direct
input on matters of concern to the general public into
the environmental review process, and presents the
opportunity for framing questions that should be
addressed in that process, as well as in seeing that
these questions are addressed as early in the
process as possible.
4. As such, the LAC shall, within the time
period prescribed by the city council, advise the city
of the terms and conditions under which the proposed
hazardous waste facilityy project may be acceptable to
the community,aa~t'jRRJv&dles and procedures which
are necessary to pertorm its duties.
b. Enter into a dialogue with the
project proponent to reach an understanding on:
i. The suggested terms,
provisions and conditions for project approval and
facility operation which would ensure protection of
public health, safety and welfare, and the
environment of the city of Chula Vista and adjacent
communities, and
ii. The special benefits and
remuneration the proponent will provide the city as
compensation for all local costs and impacts
associated with the facility and its operation. Such
discussions shall address fair share concepts as set
forth in Section 5.5 of the general plan public facilities
element, including the consideration of establishing
intergovernmental agreements, and/or other
compensation and incentive programs.
Said dialogue shall be responsive to
the issues and concerns identified at the meeting
described in subsection (G)(1) of this section.
c. With regard to subsection (F)(4)(b)
of this section, any resulting proposed mitigation
measures not already defined in the environmental
review or permitting process would be subject to the
negotiation process with the proponent, ~roith the
negotiation results forwarded as recommended terms
of approval to the planning commission and city
council.
d. Represent generally, in meetings
with the project applicant, the interests of the
residents of the city of Chula Vista and the interests
of adjacent communities, as principally made known
through the post-application meeting.
e. Receive and expend, subject to the
approval of the city manager and authorization of the
city council, any technical assistance grants made
available as described in subsection (J) of this
section.
f. Advise the planning department,
planning commission, and the city council of the
terms, provisions, and conditions for project approval
which have been successfully negotiated by the
committee and the proponent, and any additional
information which the committee deems appropriate.
The planning department, planning commission, and
city council may use this advice for their independent
consideration of the project.
5. The city shall allocate staff resources to
assist the LAC in performing its duties, and the
project proponent shall be responsible to pay the
city's costs in establishing, convening, and staffing
the LAC, through establishment of a deposit account
EXHIBI'T' A
for such purposes with the planning department at the
time of filing an application for a land use decision.
6. The LAC shall cease to exist after final
administrative action by state and local agencies has
been taken on the permit applications for the project
for which the committee was convened.
G. Notice of Permit Application -Post-Application
Meeting. ~
1. Within 60 days after receiving the notice
of a complete application as required by subsection
(D)(8) of this section, the Office of Permit Assistance
in the State Office of Planning and Research will
convene a public meeting ("post-application meeting")
in the city of Chula Vista of the lead and responsible
agencies for the project, the proponent, the LAC, and
the interested public for the purpose of determining
the issues which concern the agencies that are
required to approve the project, and the issues which
concern the public. The planning department shall
provide notice to the public of the date, time, and
place of the meeting.
2. The issues of concern raised at the post-
application meeting must include all environmental
and permitting issues which will need to be
addressed in the environmental document to ensure
the document's adequacy in supporting the actions of
all permitting and responsible agencies for the
project.
3. The post-application meeting should be
held as soon as an environmental initial study or
notice of preparation is available for review and
comment, so that adequate opportunity is provided
for meeting input to be employed in the scoping of
subsequent environmental review activities.
H. Environmental and Health Risk Assessments.
1. All hazardous waste facility proposals
shall be required to undergo an environmental review
and health risk assessment regardless of facility type,
size, or proximity to populations or immobile
populations.
2. As hazardous waste facilities may vary
greatly in their potential public health and safety, and
environmental risks, the depth and breadth of
environmental review and health risk assessments
must be tailored on a case-by-case basis.
3. The environmental review and health risk
assessment shall serve as the primary vehicles for
identifying community and involved agency concerns,
and providing data to be used by the LAC and the city
in negotiating project conditions. As such, within 30
days following the post-application meeting, the city
shall:
a. Create an ad hoc technical
committee to advise the city and the LAC on technical
issues regarding the scoping and preparation of the
environmental review and health risk assessment.
The membership should consist of staff from each of
the involved permitting or responsible agencies, an
marvl Page 81 1 n-
epidemiologist, atoxicologist, and any other technical
experts deemed necessary or desirable.
b. Convene a meeting of involved city
staff, the environmental document preparer, the LAC,
the ad hoc technical committee, and the project
proponent to establish the scope and content for the
environmental document and health risk assessment,
and the need for any other technical studies. The city
council shall review the meeting outcome, and
approve a final scope for the environmental review
and health risk assessment prior to the
commencement of work.
4. A traffic/transportation study shall be
required as part of the environmental review for all
hazardous waste facility proposals, and at minimum
shall account for all factors addressed under the safe
transportation siting criteria contained in Section 5.5
of the public facilities element of the city general plan.
5. Upon selection of a reasonable range of
project alternatives under the California
Environmental Quality Act, Public Resources Code
Section 21000, et seq., the city, upon the advice of
the LAC and ad hoc technical committee, shall
establish a preferred hierarchy among those
alternatives for the purpose of determining the level of
qualitative and quantitative analysis that should be
performed for the health risk assessment on those
alternatives. In determining this preferred hierarchy
and associated level of health risk assessment,
consideration shall be given to the relative feasibility
of each alternative to attain the stated project
objectives, and the relative merits of each alternative.
6. The health risk assessment shall serve as
an evaluative and decision-making tool, and shall not
be construed as providing definitive answers
regarding facility siting.
7. The ad hoc technical committee shall
remain intact to assist, as requested, the city and the
LAC in the evaluation of the f nal health risk
assessment and any technical studies to determine
acceptable levels of risk, and/or to determine the
extent and type of related conditions and mitigation
measures which should be applied to the project.
8. The LAC shall not finalize its
recommendations for forwarding for planning
commission and city council consideration until after
the public review period for the draft environmental
document has closed, and the LAC has had sufficient
time to review any comments received.
9. Any costs associated to the formation or
work of the ad hoc technical committee, in addition to
any other consultant(s) the LAC deems necessary,
including costs incurred in the preparation of any
technical studies, shall be paid for through technical
assistance grants as described in subsection (J) of
this section.
I. Initial Consistency Determination.
1. At the request of the applicant, the city
council shall, within 60 days after the planning
.175 04/14/2010'''°n~,~
EXHIBIT A
department has determined that an application for a
conditional use permit is complete and after a noticed
public hearing, issue an initial written determination
on whether the proposed project is consistent with
both of the following:
a. The applicable provisions of the city
general plan and zoning ordinances in effect at the
time the application was accepted as complete.
b. The county hazardous waste
management plan authorized by Article 3.5
(commencing with Section 25135) of the California
Health and Safety Code, if such plan is in effect at the
time of application.
2. The planning department shall send to the
applicant a copy of the written determination made
pursuant to subsection (I)(1) of this section.
3. The determination required by subsection
(I)(1) of this section does not prohibit the city from
making a different determination when the fnal
decision to approve or deny the conditional use
permit is made, if the final determination is based on
information which was not considered at the time the
initial determination was made.
J. Technical Assistance Grants -Local
Assessment Committee Negotiations.
1. Following the post-application meeting,
the LAC and the proponent shall meet and confer on
the project proposal pursuant to the provisions of
subsection (F) of this section.
2. Given that the rules, regulations, and
conditions relative to hazardous waste facility projects
are extremely technical in nature, as are the
associated assessments of potential public health
and environmental risks, the LAC may fnd that it
requires assistance and independent advice to
adequately review a proposed project and make
recommendations. In such instance, the LAC may
request technical assistance grants from the city to
enable the hiring of a consultant(s) to do any, or all, of
the following:
a. Assist the LAC in the review and
evaluation of the project application, environmental
documents, technical studies, and/or any other
documents, materials and information required in
connection with the project application.
b. Interpret the potential public health
and safety and environmental risks associated with
the project, and help to define acceptable mitigation
measures to substantially minimize or eliminate those
risks.
c. Advise the LAC in its meetings and
discussions with the proponent to seek agreement on
the terms and conditions under which the project will
be acceptable to the community.
3. The proponent shall be required to pay a
fee equal to the amount of any technical assistance
grant authorized for the LAC. Said fee(s) shall be paid
to the city, and deposited in an account to be used
exclusively for the purposes set forth in subsection
(J)(2) of this section.
4. If the local assessment committee and the
applicant cannot resolve any differences through the
meetings, the Office of Permit Assistance in the State
Office of Planning and Research may be called upon
to mediate disputes.
5. The proponent shall pay one-half of the
costs of any mediation process which may be
recommended or undertaken by the Office of Permit
Assistance in the State Office of Planning and
Research. The remaining costs will be paid, upon
appropriation by the legislature, from the State
General Fund.
K. Additional Findings Required for Hazardous
Waste Facilities. Before any conditional use permit for
a hazardous waste facility may be granted or
modified, in addition to the findings required by
CVMC 19.14.080, it shall be found that the proposed
facility is in compliance with the following:
1. The general areas policies of Section 5.5
of the public facilities element of the city general plan.
2. The siting criteria as set forth in Section
5.5 of the public facilities element of the city general
plan.
3. The fair share principles established in
Section 5.5 of the public facilities element of the city
general plan.
4. The county of San Diego hazardous
waste management plan. (Ord. 2542 § 6, 1993).
19.58.180 Heliports or landing strips for aircraft.
Heliports or landing strips for aircraft, except as
part of an approved residential subdivision providing
for aircraft landing, taxiing and hangaring, shall be
located no closer than 600 feet from any R zone, and
shall provide runways so oriented that aircraft landing
and taking off do not normally pass below 200 feet
directly over dwellings. Proponents shall show that
adequate controls or measures will be taken to
prevent offensive dust, noise, vibrations or bright
lights, and proponents shall show that the field in
question conforms to standards of the Federal
Aeronautics Authority for the particular class of field.
(Ord. 1.356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(8)(17)).
19.58.190 Kennels, riding academies and public
stables.
Kennels (commercial) for dogs and cats and riding
academies and public stables shall be located not
less than 200 feet from any adjoining zone which
prohibits such uses; shall provide automobile and
truck ingress and egress; shall provide parking and
loading spaces so designed as to minimize traffic
hazard and congestion; and the proponent shall show
that odor, dust, noise or drainage shall not constitute
a nuisance or a hazard to adjoining property or uses.
maryt Paee 82 ~ ~-~ ~ 6 04/14/2010"' ~?c„- '~S
EXHIBIT A
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(18)).
19.58.200 Labor camps.
No labor camp structure shall be located closer
than 20 feet from any property line, and not closer
than 50 feet from the front lot line. When adjoining an
R zone, no structure shall be closer than 100 feet
from the adjoining property line. The aggregate site
area shall contain not less than 3,000 square feet of
land area for each tent or trailer space or cabin or for
each three workers, and no structure shall be closer
than 10 feet from any other structure. A usable
recreation area shall be provided for each labor
camp, and shall contain not less than 200 square feet
of area for each dwelling space or unit or each three
workers. Access roads and parking areas shall have
a durable and dustless surface and areas shall be so
graded as to dispose of all surface water
accumulated within the area. A temporary certificate
of occupancy will be issued for a period not to exceed
one year, subject to renewal. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901(6)(19)).
19.58.205 Mixed commercial-residential projects in the
C-C-P zone.
Mixed commercial-residential projects may be allowed in
the C-C-P zone upon the issuance of a conditional use
permit and subject to the following standards and
guidelines:
A. The conditional use permit shall be subject to review
and approval of the '
planning commission, or Chula
19.58.210 Motels and hotels.
Any motel or motel/hotel site shall have a minimum
site area of 20,000 square feet and shall contain not
less than 1,000 square feet per sleeping unit for one-
story r~nits, 800 square feet per sleeping unit for two-
story units, or 600 square feet per sleeping unit for
units aver two stories. The buildings shall not occupy
in the aggregate more than 40 percent of the area of
the lot. All areas not used for access, parking,
circulation, buildings and services shall be completely
and permanently landscaped and the entire site shall
be maintained in good condition. (Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(21)).
19.58.220 Nursing homes.
The following requirements shall apply to nursing
homes (see Definitions, CVMC 19.04.162):
A. Approval must be obtained from proper
agencies concerning health and safety conditions,
and said home must be licensed by such agencies;
B. An off-street Loading area shall be provided (see
CVMC 19.62.140);
C. If an unenclosed incinerator is provided, it shall
be located on the rear one-half of the property and
the stack shall not be closer than 30 feet to any
neighboring dwelling. The effluent from such stack
shall comply with the performance standards of this
title. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
code § 33.901(6)(22)).
19.58.225 Off-site advertising signs.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2296 § 7,
1989).
B. The commercial and residential components shall be
planned and implemented together;
C. The maximum allowable residential density will be
!governed by the provisions of the R-3 zone based on the
total project area, less any area devoted exclusively to
'commercial use, including commercial parking and
',circulation areas. The approved density may be
,significantly less than the maximum allowable density
(depending on site specific factors, including the density
'sand relationship of surrounding residential areas, if any;
! D. Parking, access and circulation shall be largely
iindependent for the commercial and residential
'.components of the project. Each use component shall
!provide off-street parking in accordance with city
standards;
I E. The residential component shall meet the private and
;common open space requirements of the R-3 zone;
F. The conditional use permit may include a restriction
ion commercial uses and/or business hours in order to
javoid conflicts with residential units. (Ord. 2295 § 1, 1989).
19.58.230 Parking lots and public garages.
Parking lots and public garages shall be permitted
only where:
A. They are clearly required by public convenience
and necessity;
B. They do not break up continuity of retail store
frontage for pedestrians;
C. They will not be a nuisance to residences or
other surrounding uses;
D. They will not cause traffic hazards or undue
traffic congestion;
E. They conform architecturally to the surrounding
area;
F. Street trees are provided. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (6)(23)).
19.58.240 Poultry farm.
(See definition in CVMC 19.04.184).
A. Any building housing over 10 chickens or other
poultry shall be distant not less than 100 feet from
every lot line.
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EXHIBIT A
B. The proponent shall show that odor, dust, noise
or drainage shall not constitute a nuisance or hazard
to adjoining property or uses. (Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (6)(24)).
zones.
It is the intent of this section to allow for limited
professional offices on certain lots with existing buildings in
the R-1 and R-3 zones, when the zoning administrator
approves a conditional use permit
'.therefor by applying the following guidelines:
' A. The lot should contain at least 12,500 square feet of
]evel, developable land;
B. The lot is developed with a house or other structure
'.which has been designated a historic site or has been
'recognized as having historic importance and has been
'entered into the historic register, as provided in Chapter
,2.68 CVMC;
C. The lot is within 300 feet of a thoroughfare or a
heavily traveled collector road;
D. The use proposed on the lot is limited in scope so as
,not to generate substantial vehicular traffic on residential
!,streets;
E. Physical changes to the structure or structures and
.landscaping which are not in keeping with the basic design
'.and character of the property are prohibited. (Ord. 1822
§ 3, 1978).
19.58.245 Ambulance services.
I Ambulance services may be located in any zone.
',Ambulance services can be incorporated into a hospital
complex or other governmental facility. When approving a
conditional use permit for ambulance services in a
i residential zone that is not part of a hospital complex and
i not located in a federal, state or local government facility,
Ithe zoning administrator shall
;incorporate the following conditions:
A. The service must be limited to the staging and
'dispatching of one ambulance from a residential structure
'or unit.
' B. At least three dedicated parking spaces for an
ambulance and two employees are required. The parking
spaces shall be on-site and meet city standards for size,
paving, access and screening.
C. Except for shift changes and periodic inspections by
'managers, no more than three employees shall be on-site
at any given time.
' D. Any other requirements the zoning
',administrator deems appropriate to
',minimize impacts on the residential neighborhood.
Fleet maintenance or the storing of multiple ambulances
,shall not be allowed in a residential zone, even if the use is
',part of a hospital complex or located at a government
';facility. Vehicles that are on-call shall not be considered
'"stored." (Ord. 2958 § 3, 2004).
19.58.260 Repair of vehicles.
A. Repair, except as stated in subsection (B) of this
section, of motorcycles, motor trucks and motor
vehicles, as defined in the Vehicle Code of the state
of,California, as well as boats, campers, and trailers,
is prohibited in any residential zone unless all of the
following conditions are met:
1. Repair (except as stated in subsection (B)
of this section) of vehicles, boats, campers and
trailers shall be conducted within a garage or carport
or behind a solid fence, gate or wall not less than six
feet in height;
2. No repair of vehicles, boats, campers and
trailers shall be conducted as a business;
3. No repair of vehicles, boats, campers and
trailers shall take place between the hours of 10:00
p.m. and 8:00 a.m.
B. Nothing in this section is intended to prohibit the
making of minor repairs, such as tire changing or
repair, replacement of spark plugs and minor engine
adjustments or repair, lubrication, battery and brake
adjustments or repair by an owner on the vehicle on
said owner's lot, where said vehicle may be legally
parked as determined by other sections of this code.
C. Storage of Inoperable Vehicles.
1. No more than one vehicle or one boat, or
one camper, or one trailer shall be in a state of
disrepair or in an inoperable condition at any one time
on any lot.
2. No vehicle in a state of disrepair or in an
inoperable condition may be located outside of a
garage or carport or solid fence, gate or wall not less
than six feet in height for a period of more than 72
hours.
3. No parts of a vehicle, boat, camper or
trailer shall be located outside of a garage, carport or
solid fence, gate or wall not less than six feet in
height for a period of more than 72 hours. (Ord. 2308
§ 1, 1989; Ord. 2176 § 5, 1986; Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901 (6)(26)).
19.58.270 Retail sales for guests only.
Community buildings, private clubs, lodges and
social or recreational establishments may engage in
retail sales for guests only; provided, that:
A. There shall be no external evidence of any
commercial activity, nor any access to any space
used for commercial activity other than from within
the building;
B. There shall be no harm to adjacent existing or
potential residential development due to excessive
traffic generation or noise or other circumstances.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(27)).
19.58.280 Service stations.
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EXHIBIT A
Service stations are subject to the following
recd+r~~'r>~~€1~~n8Rft1t15 d by public convenience;
B. They will not cause traffic hazards or undue
congestion;
C. They should be located only on property
abutting the intersection of major or collector streets
or combination thereof, or within shopping centers as
part of an approved site plan; except, that they shall
be limited to the periphery of the central business
area. They may be located on an interior lot if they do
not disrupt the continuity of retail store frontage for
pedestrians;
D. They will not be a nuisance to residences or
other surrounding uses;
E. The site shall be landscaped in accordance with
the landscape manual of the city; except, that asix-
footminimum planter area in front of the pump
islands and not closer than three feet to any driveway
shall be required. The pump islands shall be located
no closer than 12 feet from the planter;
F. Architectural and site plan approval subject to
the conditions of CVMC 19.14.420 through 19.14.480
shall be obtained.
Note: Where a service station is a secondary land
use, i.e., accessory to another principal use and
consisting of no more than a single pump island with
no more than three fuel pumps, the following
provisions shall not apply:
G. Outside sales and display may be allowed in an
area beneath a canopy when specifically approved as
part of an approved site plan. Structures used to
display merchandise shall be designed to be
architecturally compatible with the main building. In
no case shall a display area interfere with vehicular
circulation or obscure required landscaped areas.
Accessory uses may also be stored outside subject to
the conditions herein;
H. Accessory outdoor uses, other than parking and
service lanes, shall also be allowed but shall not
occupy more than 10 percent of the area of the site.
Such accessory uses may include rental, utility or
travel trailers, but not more than six such trailers shall
be permitted on the lot at any one time and shall be
screened from the street or highway. Under no
circumstances shall any use be located in such a way
that would interfere with normal traffic flow onto,
within or from the site, or which creates dangerous
impediments to traffic visibility. Only those areas
shown on the approved site plan will be allowed for
parking or storage;
I. All items offered for sale on the site shall be
items normally incidental to service station business
except accessory uses as provided herein. (Ord.
2162 § 1, 1986; Ord. 1436 § 2, 1973; Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(28)).
19ASg_ggjglg~~rtg~ shall be located not less
than one-half mile from any developed residential,
commercial or industrial area, or place of public
assembly. A conditional use permit for an indoor or
outdoor shooting club may be granted to be in force
for one year only, after which a certificate may be
resumed for a period of one year at the expiration of
each temporary certificate, provided the above
requirements can continue to be met. (Ord. 1356 § 1
1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(29)).
19.58.310 Stables and corrals.
A. The minimum lot area upon which one or two
horses may be kept is 20,000 square feet. One
additional horse may be kept for each 20,000 square
feet over the minimum lot area of 20,000 square feet.
B. The horse(s) must be maintained within an
enclosure.
C. A distance of 100 feet shall be maintained from
the enclosure to any neighbor's residence, school,
church, or any other building, excluding the owner's,
used for human habitation.
D. A distance of 25 feet shall be maintained from
the owner's residence to the enclosure.
E. The horse enclosure must maintain all existing
setbacks as stated in the applicable zone.
F. Stables and corrals shall be located on the rear
portion of the lot behind the residence.
G. Any horse(s) presently being maintained in
conformity with the regulations of either the city of
Chula Vista or the county of San Diego on the
effective date of the ordinance codified in this title as
applied to the property where said horses are being
maintained may continue to be so maintained in
accordance with said rules. (Ord. 1364 § 1, 1971;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§ 33.901(6)(31)).
19.58.320 Tract office, temporary.
Within the boundaries of a subdivision where lots
are offered for sale to the public for the first time,
buildings and structures erected in compliance with
the provisions of the prevailing zone may be used as
follows:
A. One building for a temporary real estate sales
office, and not more than six dwellings for temporary
demonstration or model home purposes, may be
provided. In addition, a subdivision containing more
than 60 lots may use up to 10 such lots for model
home purposes. Such temporary uses shall be made
only in conjunction with the sale or rental of land or
buildings within such subdivisions, and such use or
uses shall terminate two years after the filing in the
office of the county recorder of the f nal subdivision
map thereon, or 60 days after the sale of the last
house, whichever comes first. After the time limit has
marvl Pale 85 18_~ ~0 04/14/2010~.?~~^'~^
EXHIBIT A
expired, all commercial activity shall cease and the
temporary office building, if any, shall be converted to
a conforming use or removed at the owner's expense.
At the termination of such office use, all necessary
alterations to convert the temporary office to
residential use or removal of said building shall be
made.
B. If alterations are needed in the initial conversion
from a house to a temporary office, the following shall
be done: a $250.00 penal bond shall be filed with the
city clerk to assure said work will be completed. Upon
a recommendation from the director of planning and
building or his authorized deputy, he shall approve or
reject the final alteration work.
C. The zoning administrator shall determine the
need for off-street parking, based on the location of
model homes in relationship to adjoining subdivisions,
the size of the subdivision, the character of the street,
and the expected duration of model home area use.
(Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.901(6)(32)).
';19.58.330 Trailers.
(See definition in CVMC 19.04.298.)
A. It is unlawful to use a camping trailer, motor home,
scamper, or travel trailer for living or sleeping purposes
',except when parked within a licensed recreational vehicle
park or mobilehome park, as provided elsewhere in this
(itle, or when used on a temporary basis not to exceed a
I period of seven days by guests or visitors of residents of
,the city and said vehicle is parked upon the property of the
resident.
B. It is unlawful to use a trailer, excluding commercial
;coach units, as a business office in any zone; except, that
!a general contractor and/or property owner or lessee may
'obtain a temporary permit for the parking of one or more
mobilehomes, motor homes, campers or travel trailers for
'watchmen, supervisory or other special personnel, or for
'use as a temporary office at or immediately adjoining a
(major construction site upon commencement of such
',construction. Any such permit shall be issued only by the
'director of planning and building of the city after an
application, in writing, is submitted by the general
contractor specifying:
1. The number and type of such vehicles;
2. The reasons their presence is necessary at the
~ site at times other than normal work hours;
3. The period for which the permit is sought;
4. The vehicles for which a permit was issued
'shall be removed from the premises 10 days after final
,inspection.
C. Commercial coach units may be utilized for a
',maximum of 25 percent of the total industrial and/or
'commercial floor area available to a particular use;
~~ provided, that if visible from a public street or from
,adjoining properties, the coach units shall be made
architecturally compatible with and complementary to the
balance of the structures on the same and adjacent sites.
D. Commercial coach units may be utilized as temporary
'building space in conjunction with public or quasi-public
,uses located in residential zones, and in conjunction with
'public, quasi-public, and private uses, such as banks,
'.insurance offices, savings and loan institutions, public
utility offices, and similar public-service-based uses in
,commercial and industrial zones; provided, that a
conditional use permit is procured for each commercial
coach so utilized. All conditional use permits granted for
,the utilization of commercial coaches as temporary building
,space shall be limited to a period of not more than two
'years; provided, however, that the permittee may apply to
the zoning administratorpkraniag-semmissie+~ for an
,extension of time, which the commission may grant for a
,maximum of one additional year.
E. A mobilehome, certified under the National Mobile
Home Construction and Safety Standards Act of 1974
'(USC Section 5401, et seq.), 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:
', 1. It may be occupied only as a residential use;
2. All development standards of the underlying
..zone pertaining to conventional single-family development
are complied with; and
3. The foundation is in compliance with all
applicable building regulations. (Ord. 2790, 1999; Ord.
1941 § 1, 1981; Ord. 1711 § 2, 1976; Ord. 1518 § 1, 1974;
Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§, 33.901(6)(33)).
'.19.58.340 Recycling and solid waste storage.
A. All subdivisions or any new construction requiring a
building permit and costing more than $20,000 to construct
("qualifying project") shall include adequate, accessible,
land convenient areas dedicated for the accumulation,
',temporary storage and removal of designated recyclables
and solid waste. These recycling and solid waste areas
'..shall be enclosed within a minimum five-foot-high masonry
,wall or higher if deemed necessary by the director of
'..planning to adequately screen the area, built to standards
',adopted by the city for a freestanding wall (No. 4 steel and
(fully grouted) and shall be designed to accommodate the
',containers used by the recycling and solid waste service
',company contracted with the city. A wooden enclosure
'may be substituted for a wall in the C-O zone and multiple-
Ifamily zones by the development services director~f
t9.
B. A recycling and solid waste plan shall be submitted
Eby the applicants of any qualifying project. Said plan shall
'be reviewed and approved by the city manager orhis/her
designee. A plan must comply with city and state solid
waste and recycling regulations/standards before it can be
;approved. Building permits may not be issued until the plan
is approved.
maryl Pace 86 10-180 04/14/20100>,~~?~^-h
EXHIB [T A
C. A recycling and solid waste planning manual setting
;forth recycling and solid waste space allocation
;regulations, design standards, and guidelines shall be
!,drafted by the city manager and adopted by the city
'council.
D. The precise location of any recycling and solid waste
'area shall be approved by the director of planning upon
'review of the site plan. Recycling and solid waste areas
(shall be accessible and convenient to both the occupants
land franchise hauler and shall only be used for the
',temporary storage, collection and loading of solid waste
land recyclables.
E. Recycling and solid waste enclosures shall be
,permanently maintained; recycling and solid waste areas
shall be kept neat and clean; and approved recycling and
solid waste plans shall be adhered to and followed. (Ord.
.2993 § 1, 2005; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969;
',prior code § 33.901(6)(34)).
119.58.345 Recycling collection centers.
Recycling collection centers may be permitted within any
;commercial or industrial zone which is also located within a
'convenience zone identified by the state of California
!Department of Resources, under the provisions of the
'California Beverage Container Recycling and Litter
,Reduction Act of 1986. Establishment of such centers shall
',comply with the following:
' A. Reverse vending machines with a combined area of
Ino more than 150 square feet and a height of no more than
'.eight feet total may be permitted as an accessory use
!subject to site plan approval by the planning department.
',Reverse vending machines which are placed within an
!,enclosed building occupied by the primary use do not
require approval of a site plan.
B. Small collection facilities occupying an area of no
more than 300 square feet may be permitted as an
:accessory use subject to approval of a conditional use
I permit granted by the zoning administrator pursuant to
~! 19.14.030(A).
C. Large recycling collection centers with a combined
'area of over 300 square feet, but not exceeding the floor
'area equivalent of a 30-person occupancy load, may be
permitted as an accessory or primary use subject to the
Iiapproval of a conditional use permit granted by the zoning
,administrator. pursuant to 19 14 040
!,and with approval of an application for site plan and
'architectural review by the design review board^~..; ,~.
D. The premises of all recycling collection centers shall
' be kept free of all litter and debris, and all recyclable
(,articles removed prior to any storage container reaching
'.capacity. Approval of a site plan or conditional use permit
'..may be revoked by the permitting authority upon
;presentation of evidence that a recycling collection center
is not maintained in a safe and sanitary manner.
E. Recycling collection centers shall be developed and
;operated in accordance with the design standards for
jrecycling centers adopted by city council policy.
F. The regulations set forth in this section shalt also
,'apply to recycling collection facilities in existence prior to
ladoption of the ordinance codified in this chapter. Existing
facilities shall have 60 days from the date of adoption to
lobtain required discretionary permits. (Ord. 2252 § 1, 1988;
Ord.2233§ 1, 1987).
19.58.350 Commercially zoned double frontage lots.
Any commercially zoned parcel which has double
frontage, one such frontage being on a local street, across
which street is residentially zoned land, shall observe the
following regulations:
A. Vehicular access to the local street shall be
discouraged and permitted only upon planning commission
!approval.
B. Asix-foot-high decorative masonry wall shall be
',constructed across the entire width of the parcel at a
'minimum of 10 feet behind the edge of the sidewalk or as
,otherwise designated by the zoning administratorpianniag
'semmissien. The design of the wall shall be uniform
,throughout the area in which located, and such design
,'shall be subject to the approval of the director of planning.
C. The area between the wall and the edge of the
'..sidewalk shall be permanently landscaped. Such
'landscaped area shall be provided with an automatic
irrigation system and shall be permanently maintained and
kept free of debris. A landscape plan shall be submitted to
itfie development services director e€~4anning for approval
'..prior to any planting.
D. The wall and landscaping shall be provided prior to
;the final building inspection of any improvements to be
',constructed on the premises.
', E. If any dwelling units which face the local street exist
',on such parcel, the dwelling units shall be removed prior to
!ttie new commercial development or enlarging of existing
'commercial development, unless such dwellings are
(converted for commercial purposes (this situation does not
!negate the other provisions of this section).
I F. If new or enlarged commercial development occurs
adjacent to the existing dwelling units which face a local
!street, a fence separating the property shall also be
!!constructed on the side lot line, the length of such fence to
be determined by the development services director~f
L{~lanniay. Such a fence may be of wood construction. (Ord.
11356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
§.33.901(6)(35)).
19.58.360 Zoning wall or fence.
Asix-foot-high minimum solid masonry wall subject to
'the provisions of CVMC 19.58.150 shall be erected along
the property line or zoning boundary to separate any C or I
',zones and/pr uses from adjacent residential zones. Asix-
foot-high maximum solid fence shall be erected along the
'.property line or zoning boundary to separate multiple-
family zones and/or uses from abutting single-family
I! residential zones or areas. Said wall or fence may be
!waived by the zonina administrator if
it is found that the adjacent areas would be sufficiently
marvl Pa e 87 04/14/2010n'~'°nni n
o_ s~~~
EXHIBIT A
screened and protected without said wall or fence. (Ord.
'1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
~§ 33.901(8)(36)).
19.58.370 Outside sales and display -Permanent
and temporary.
A. Permanent. The permanent outside sales and
display of merchandise, including vending machines
of all types and coin-operated amusements, shall be
permitted only when included as part of an approved
site plan subject to the conditions herein. Service
stations are subject to the provisions of CVMC
19.58.280.
1. The following items shall be considered
for outside display:
a. Vending machines of all types;
b. Coin-operated amusements,
excluding games such as pinball machines;
c. Vehicles of all types, including
boats;
d. Magazines, newspapers and books;
e. Flowers, including artificial;
f. Art displays;
g. Plants;
h. Model storage buildings, patios and
additions;
i. Any other item which is determined
by the planning commission to be of the same
general character;
j. Any other item specifically approved
by the planning commission to be displayed in an
area specifically designed for said merchandise.
2. Conditions.
a. Vending machines and coin-
operated amusements shall whenever possible be
within an enclosed area or structure specifically
designed to accommodate said items;
b. The outside display shall not
interfere with pedestrian or vehicular circulation;
c. Model storage buildings, patios and
additions shall not be located in any area facing a
major or collector street, or at the main entrance to
the building;
d. Plants shall be the only items in a
plant nursery visible from the street;
e. No outside display shall be of such
size or quantity as to alter the architectural
appearance of the building;
f. A 10-foot landscaped area shall be
provided between vehicle display areas and the
street. Any item not located within a building or solid
enclosure shall be deemed to be outside display and
subject to the conditions herein.
3. The following merchandise shall be
expressly prohibited from outside display:
a. Furniture;
b. Clothing;
~: ~~1i$$;nent;
e. Dry goods;
f. Soil additives;
g. Tires, excluding service station as
provided herein;
h. Used goods, except as provided
herein.
B. Temporary. Temporary outside sales and
display of merchandise for a period of 24 days in any
calendar year, but not exceeding seven consecutive
days, shall be permitted upon approval of a
temporary outside sales permit by the zoning
administrator. Not more than six permits a year shall
be issued to any one business or shopping complex.
Each such permit shall be accompanied by the
required filing fee(s).
Upon application for a permit, the applicant shall
submit two site plans showing the location of the
proposed outside sales area. The plan shall include
sufficient information to insure that the display and
sales will be conducted in a safe and proper manner
and will not obstruct traffic or cause a hazardous
condition based on the standards adopted by the city.
The permit shall designate the commencement and
termination dates.
1. Other Required Conditions.
a. The application shall be submitted
for approval a minimum of two days prior to the
requested date of commencement.
b. There shall be a minimum of 30
days between the commencement dates of the
permit.
c. Temporary outside sales are
prohibited in the C-O, C-N and C-V zones.
d. The sales area shall maintain a 25-
foot setback from the street when within an area
designated for parking.
e. The sales area may utilize a portion
of required parking to a maximum of 20 percent.
f. The sales area shall not interfere
with the internal circulation of the site.
g. Pennants may be used only for
safety and precautionary purposes.
h. The sales area shall be kept in a
neat and well-kept manner at all times.
i. Price signs may be used but shall
not exceed 12 by 16 inches.
j. Other signs may be allowed subject
to zoning administrator approval. Said signs shall not
exceed two square feet of lineal street frontage of the
sales area.
k. Promotional items allowed in
conjunction with a special event, such as
anniversaries and grand openings, are not subject to
the provisions herein except when an outside sales
permit is requested.
I. Only merchandise customarily sold
on the premises shall be considered for temporary
EXHIBIT A
outside sales and display. (Ord. 2506 § 1, 1992; Ord.
2011 § 2, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1,
1971; Ord. 1212 § 1, 1969; prior code § 33.901
(B)(37)).
;,19.58.380 Special events.
A. Any business may request a permit for the use of
',temporary promotional signs and promotional items in
!,conjunction with the following special events: grand
(,openings, change of business address, change of
''ownership or lessee, and business anniversaries. If a
I business is part of a parent organization, the anniversary of
,the parent company may be used in lieu of the business
lanniversary during the calendar year.
' B. The maximum time limit for a special event shall not
',exceed 14 consecutive days.
I C. The applicant shall submit a statement stating the
i reason for the special event and indicating the
'commencement and ending date. The applicant shall also
'isubmit a site plan indicating the location and area of signs
'and location of promotional items. Each permit shall also
',be accompanied by the required filing fee(s).
D. Promotional items are subject to the following
",approval:
1. They may not be located in the front setback;
', 2. They shall not intertere with internal circulation
for eliminate required parking;
', 3. They shall not be indiscriminately placed or be
',of such quantity as to present a cluttered and unsightly
',appearance.
E. Pennants may only be used in conjunction with grand
openings and change of ownership or lessee.
F. The development servicespianaiag department shall
'.issue to the applicant a special event permit, upon
~i~approval of the applicant's request. The reason for the
special event shall be conspicuously displayed on a sign
,for the duration of the event. (Ord. 2506 § 1, 1992; Ord.
12011 § 1, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1, 1971;
Ord. 1212 § 1, 1969; prior code § 33.901(8)(38)).
appropriate to provide an adequate living environment both
:within the development and on nearby properties. Any
exceptions and adjustments shall be subject tg the
!condition that the development will be available for
'.,occupancy by seniors only. (Ord. 1878 § 3, 1979).
,19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehicle (RV)
storage yard (storage area for motorhomes, camping
trailers, boats and other recreation equipment) shall
address the following issues: (1) height limit for stored
items, (2) screening (landscaping and fencing), (3)
,surfacing, (4) access to the site, (5) office facilities, (6)
',customer parking, (7) lighting, (8) hours of operation, (9)
'security, (10) signing, (11) surrounding land uses and
',structures. The application shall also be accompanied by a
'comprehensive list of items which would be eligible for
storage. Any subsequent additions to the list shall be
subject to the approval of the development services
.director
The approval of an RV storage yard judged by the
cbmmission or Chula vista redevelopment corporation if
',located within a designated redevelopment proiect area to
represent an interim use of land based upon zoning,
,development patterns, and/or pending plans in the area
shall be subject to a review and report filed each year by
the owner with the city zoning administrator. Failure to file
'the report or abide by the conditions of approval shall
,cause the matter to be set for a rehearing before the
commission or Chula vista redevelopment corporation if
.located within a designated redevelopment proiect area to
,consider revocation of the permit or other appropriate
corrective action. Permits for interim RV storage yards
ishall be granted for a maximum period of five years with
extensions subject to rehearing before the commission or
~chula vista redevelopment corporation if located within a
(designated redevelopment proiect area. (Ord. 2790, 1999;
~iOrd. 2169 § 2, 1986).
'.19.58.390 Senior housing development.
I Pursuant to CVMC 19.54.020, housing developments for
jseniors, as defined in CVMC 19.04.201, may be allowed in
'zany zone except the R-1, R-2, C-V, C-T and industrial
',zones. Because the residents of such development have
dwelling characteristics which differ from those of families
'and younger persons, it is not appropriate to apply all of
the normal zoning standards thereto. Accordingly, pursuant
~!to the processing of a conditional use permit for such
',developments, as required by CVMC 19.54.020(P), the
pct area, aad-city eeuasil may make exceptions to the
;ity, off-street parking, minimum unit size, open space,
such other requirements as may be appropriate. The
Wing commission aad city-seunsi4 may also adjust
fired setbacks, building height, and yard areas as
19.58.410 Prohibition of flashing lights.
Lights in view of any public street of adjoining
properties used to convey the effect of movement are
prohibited. Intermittent or variable intensity lights or
flashing lights are prohibited, with the exception of
holiday lights during the month of December. (Ord.
2353 § 1, 1990).
19.58.420 Water distribution facilities.
Water distribution facilities shall be limited by
permit in their scope of activities and operations to a
level commensurate with the nature and character of
the surrounding area. Permits shall be further limited
to a duration of six months, subject to zoning
administrator extension of not to exceed one
additional year, in six-month increments, as
marvl Paee 89 04/14/2010^~~''~, °~o
EXHIBIT A
necessary to meet a continuing water state of
emergency. Permits shall be expressly conditioned to
expire automatically upon the effective date that the
metropolitan water district declares that the drought
severity falls below Stage VI of its incremental
interruption and conservation plan. (Ord. 2449 § 2,
1991).
''.allowed in the C-N zone upon issuance of a conditional
'use permit. The zoning administrator shall hold a public
~hearing in accordance with CVMC 19.14.060 through
',19.14.090 upon giving notice thereof in accordance with
not limited to limitations on hours of operation.
The city council shall be informed of the decision on
each such permit by the city clerk when the decision is
(filed in accordance with CVMC 19.14.090. The decision
lof the zoning administrator may be appealed.
', Such appeal shall be directed to the city council and
'imust be fled within 10 business days after the decision
'is made as provided in CVMC 19.14.100. If appealed
within the time limit said appeal shall be considered in a
public hearing conducted by the city council in the same
',manner as other appeals pursuant to CVMC 19.14.120
and 19.14.130 except that the city council must make
the same written findings required of the zoning
administrator herein in order to grant the permit.
't;ha ~ ~o.~n
i~_
Repealed pursuant to citywide zoning approved in the
1990s and 2005 General Plan which
sunset the Montgomery Specific Plan
''~ ~n ~n non IMon1
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iGUIIIIJIIalllic Wllll Jtalc 1111.V1w1 ucvcla4c lwiiu yi
EXHIBIT A
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EXHIBIT A
Chapter 19.62
OFF-STREET PARKING AND LOADING
..Sections: _____ __ _____
119.62.010 Required when.
119.62.020 Size and access requirements.
119.62.030 Floor area defined.
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EXHIBIT A
19.62.040
parkirn
agreer
19.62.050
19.62.060
^dterr^+~:,.~~°s-+^~Tt,^~;a;~~^~ Alternative
parking arrangements: Off-site shared
a agreements; on-site shared parking
vents
Number of spaces required for designated
uses.
Parking areas -Development and
C. Driveways used to serve two to four dwelling units
shall be not less than 12 feet if the furthest unit is 80 feet or
'less from the front property line, and a minimum of 15 feet
cif the distance is over 80 feet long. Driveways used to
',serve five or more dwelling units shall be not less than 15
feet for qne single lane entrance; the combination of two
~separate~driveways (an entrance and an exit) shall be not
',less than 25 feet; except, that a combined entrance and
',exit (two-way access) need not exceed 18 feet in width.
Driveways for parking areas serving other than
(residential units shall be a minimum of 15 feet wide for
one-way traffic and 24 feet wide fortwo-way traffic. The
',minimum vertical clearance shall be 10 feet to allow for the
passage of emergency vehicles, based on minimum
standards administered by the city traffic engineer.
D. All aisles and turning areas shall be adequate to
'provide safe and efficient access to and from parking
',spaces, based on minimum standards administered by the
'city traffic engineer.
E. Tandem parking shall not qualify as required parking
unless specifically approved by the planning commission,
or Chula vista redevelopment corporation for projects within
!a designated redevelopment project area. (Ord. 1212 § 1,
',1969; prior code § 33.801(8)).
,19.62.030 Floor area defined.
"Floor area," in the case of offices, merchandising or
'service types of uses, means the gross floor area used or
'untended to be used by tenants, and including floor area for
'service to the public as customers, patrons, clients or
',patients, including areas occupied by fixtures and
',equipment used for display or sales of merchandise. (Ord.
maintenance generally.
19.62.070 Parking areas -Curbing required when -
Specifications.
19.62.080 Parking areas-Screening requirements.
19.62.090 Parking areas -Landscaping.
19.62.100a Parking areas-Surfacing requirements-
Waiver permitted when.
19.62.100b Pavement standards for private vehicular
~~ 19.62.110 areas.
Limitation on areas to be used.
' 19.62.120 Parking areas -Lighting arrangements.
119.62.130 Waiver or modification of provisions
permitted when.
,19.62.140 Off-street loading -Number and size of
spaces to be maintained.
,19.62.150 Residential parking -Front setback
restrictions -Generally.
19.62.160 Residential parking -Front setback
restrictions -Exceptions.
19.62.170 Residential parking -Two-car garage
requirement-Intent and purpose.
',,19.62.180 Residential parking -Two-car garage
~
9
62 requirement-Garage setbacks.
~ 1
.
.190 Residential parking -Procedure for
conversion to living purposes -
Approval required.
',19.62.200 Enforcement of this chapter.
'.19.62.010 Required when.
There shall be provided, at the time any building or
structure is erected or is enlarged or increased in capacity,
~ or any use is established, off-street parking spaces for
!automobiles in accordance with the requirements herein;
!provided, however, that when an addition is made to an
lexisting building, only the square feet in the addition need
be used in computing the required parking. (Ord. 1212 § 1,
',1969; prior code § 33.801(A)).
;19.62.020 Size and access requirements.
j Size and access of off-street parking and loading
~~facilities shall be as follows:
A. No parking area, except for asingle-family or duplex
residence, may be located so as to require or encourage
the backing of automobiles or other vehicles across any
'I street lot line, to affect egress from the places of parking.
B. Access to parking spaces for asingle-family dwelling
;may be not less than nine feet in width throughout and
paved in accordance with engineering specifications as
;adopted by the planning commission.
1212 § 1, 1969; prior code § 33.801(C)).
1,19.62.040 Alternative~'~:,-vo-t~ parking
A. For any new nonresidential use, structure or building,
'required off-street parking which, due to the size or location
Hof the parcel, cannot be provided on the premises may be
provided on other property not more than 200 feet distant
by publicly available pedestrian access from said use,
'structure or building, subject to an off-site -shared parking
biad+ng agreement with the city as to permanent
'reservation of said space and access thereto; or if the
',proposed nonresidential use lies within the boundary of a
jparking district, off-street parking requirements shall be
;considered to be met; provided, that any developer of a
;new commercial building within a parking district, or a
'developer of a commercial addition to an existing building
,therein, shall pay the required fee(s).
B. For any new use except single family residential uses in
the R-1 zone. shared parking for two or more different land
uses on the same site may be approved as part of the
discretionary permit or where no discretionary permit is
required, through a building permit subject to the following
requirements
marvl PaQe93~~_8~ 04/14/2010^-r~e'~nin
EXHIBIT A
(1) Shared parking shall be for uses that are located
on the same site.
(2) Shared Parking Analysis Required Shared parking
is based upon the variations in the number of
parking spaces needed (parking demand) over the
course of the day for each of the proposed uses
The hour in which the highest number of parking
spaces is needed (peak parking demand) for the
proposed development determines the minimum
number of reouired off-street oarkinq spaces for
the proposed development The shared parking
analysis shall be reviewed and approved by the
director of development services and the city
engineer.
(3) Shared oarkinq shall be enforced through a shared
parking agreement in a form approved by the Citv
(4) Adequate signage shall be provided for tenants
and/or residents which indicate the availability of
the facility for patrons of the participating uses
(5) Modifications to the structure in which the uses are
located or changes in tenant occupancy requires
review by the development services director (Ord
2506 S 1, 1992: Ord. 1894 & 1 1980 Ord 1212
5 1. 1969: prior code S 33.801(D))
;19.62.050 Number of spaces required for designated
-uses.
In the case of any building, structure or premises, the
'use of which is not specifically mentioned herein, or in the
,opinion of the approving authority is not similar to any use
(found herein, the approving authority may apply a ratio
~ based on a similar existing use not found herein. In
(computing parking requirements, a resultant fractional
(space of one-half shall count as a full space.
The number of off-street parking spaces required shall
be as set forth in the following:
Businesses or Use and Number
of Spaces Required
t Auctions (See CVMC 19.04.015 and 19.58.055):
At the time of application for a conditional use
;permit, the applicant shall submit parking information
justifying the amount of parking proposed to be provided
I and the parking ratio. The information must consist of data
upon which the approving authority can reasonably base a
determination of adequacy, such as expected patronage or
a comparison with the patronage of similar uses. Said
I parking ratio shall range from one space for each 50
square feet of net usable lot area to one space for each
;4,000 square feet of net usable lot area.
Note: For purposes of this subsection, "net usable lot
area' means the area of the parcel exclusive of setbacks,
slopes, easements, required right-of-way dedications or
;other constraints which would preclude use of the land. If
;complaints are fled with the city regarding impacts related
to off-site parking, the project shall be modified to add
'additional parking for employees and customers, and/or by
reducing the auction and/or storage area, subject to the
review and approval of the development services director
of plana}ng-and city engineer. Failure to resolve such off-
site public parking problems by the owner of the property
;constitutes grounds for revocation of the conditional use
'.permit.
2. Automobile sales facilities, new or used (see CVMC
,19.5&.070):
One for each 400 square feet of gross floor area,
or one-tenth of the maximum car storage capacity,
,whichever is greater.
3. Automobile repair and service garages:
One for each 400 square feet of fluor area.
', 4. Banks and savings and loans:
One for each 200 square feet of floor area;
,minimum of five.
' S. Bowling alleys:
Five for each alley.
6. Business and professional offices:
One for each 300 square feet of gross floor area;
'minimum of four.
7. Car wash (coin-operated), self-service or attendant-
operated:
j Three for each stall, plus one for each employee.
', 8. Children's homes:
! One for each four beds, plus one for each
employee.
9. Churches and private schools:
One for each three and one-half seats in an
auditorium or one for each 17 classroom seats, whichever
is greater.
10. Dancehalls and assembly halls without fixed seats,
'and exhibition halls, except church assembly rooms in
conjunction with auditoriums, nonprofit clubs and lodges:
I One for each 50 square feet of floor area used for
jassembly or dancing.
!, 11. Dwellings, single-family, duplex:
~ Two for each family or dwelling unit; both spaces
'!shall be in a garage with a minimum area of 400 square
(feet (see Chapter 19_22 CVMC for remodeling of garages).
~ 12. Dwellings, townhouses:
Two for each dwelling unit; both spaces shall be in
a garage or carport, a minimum area of 400 square feet.
! 13. Dwellings, multiple:
One and one-half per unit for each studio or one-
bedroom apartment.
Two per unit for each two-bedroom apartment.
' Two per unit for each three-bedroom or larger
apartment.`
'For every 10 parking spaces required, one of this
'.total may be a "compact" space.
Note: No parking space shall be located within 20 feet of
',any curb return of intersection streets, or eight feet of any
,side property line, unless approved by the city traffic
!,engineer.
14. Funeral homes and mortuaries:
One for each tour seats of the aggregate number
',of seats provided in all assembly rooms of the mortuary.
15. Furniture and appliance stores, and household
,equipment or furniture repair shops:
One for each 600 square feet of floor area,
marvl Pace 94 1 0-1 88 04/14/20IOO~r'_'c~ '>~o
EXHIBIT A
j 16. Hospitals:
One and one-half for each bed.
17. Nursing homes and convalescent hospitals and
!homes for aged:
One for each three beds.
18. Houseboats:
See dwellings, subsection (11) of this section.
19. Hotels, motels, motor hotels:
One space for each living or sleeping unit, plus
;one space for every 25 rooms or portion thereof to be
',provided on the same lot as use.
', 20. Machinery sales and service garages:
One for each 400 square feet of floor area.
21. Manufacturing plants, research or testing
I laboratories, and bottling plants:
One for each one and one-half persons employed
at any one time in the normal operation of the plant or one
;for each 800 square feet, whichever is greater.
22. Medical and dental clinics or offices:
One for each 200 square feet of gross floor area;
'minimum of five.
~: 23. Mobilehome parks:
Two spaces on each pad, one-third guest space
',,per mobilehome located within 400 feet of the farthest unit,
sand at the community center, one space for each fve pads
', up to 50 pads and one space for each 10 pads thereafter.
' 24. Restaurants, bars and night clubs:
One for each two and one-half permanent seats,.
excluding any dance floor or assembly area without fixed
';seats which shall be calculated separately as one space
per 50 square feet of floor area.
'i 25. Restaurants -Drive-in, take-out, snack stands:
15 spaces (minimum). Queue space for a
minimum of five cars shall be provided for each drive-up
service window or position. The queue space for each car
shall be 10 feet wide and 20 feet long. Required queue
spaces shall not obstruct access to oarkino aisles, parking
spaces, or pedestrian circulation.
j 26. Retail stores, shops, etc., except as provided for
;furniture stores, in subsection (15) of this section:
One for each 200 square feet of floor space.
27. Rooming and lodging houses:
One for each bedroom.
28_Schools:
' Elementary -one per teacher or employee, plus
,five spaces.
' Junior high -one per teacher or employee, plus
,five spaces.
High -one per four students.
I 29. Technical or Vocational Schools -one per three
(students plus one per full time equivalent employee.
i
30.25: Sports arenas, auditoriums, theaters, assembly
'i halls and meeting rooms:
One for each three and one-half seats of
;maximum seating capacity.
3130. Wholesale establishments, warehouses, service
and maintenance centers, and communication equipment
!buildings:
One for each one and one-half persons employed
'at one time in the normal operation of the establishment, or
done for each 1,000 square feet, whichever is greater.
_(Ord. 2584 § 7, 1994; Ord. 2132 § 1, 1985; Ord. 1856 § 1,
',1979; Ord. 1531 § 2, 1974; Ord. 1356 § 1, 1971; Ord. 1212
§ 1, 1969; prior code § 33.801(E)).
,19.62.060 Parking areas -Development and
maintenance generally.
Every parcel of land hereafter used as a public or private
parking area, including a commercial parking lot and also
an automobile, farm equipment, or other open-air sales lot,
shall be developed and maintained in accordance with the
requirements set forth in CVMC 19.62.070 through
19.62.120 and the Citv of Chula Vista Parking Table, as
may be amended from time to time . Where five or more
required spaces are provided, each space shall be clearly
delineated with paint or other more durable material
contrasting in color with the surface to which it is applied.
(Ord. 1212 § 1, 1969; prior code § 33.801(F))
',19.62.070 Parking areas -Curbing required when -
~Specifications.
', Off-street parking areas for more than three vehicles
ishall be provided with a suitable concrete curb or
(horizontal timber barrier not less than six inches in height,
located not less than two feet from any street walkway or
'alley right-of-way line. All curbs or barriets shall be
I permanently anchored in a manner satisfactory to the
(director of public works, to confine vehicles entirely within
said premises, except in those cases where a wall is
'provided on the boundaries of the premises which, in the
;opinion of the zoning administrator, is of such construction
las to suitably protect the adjoining property. (Ord. 1212
~,§ 1, 1969; prior code § 33.801 (F)(1)).
19.62.080 Parking areas -Screening requirements.
Off-street parking areas for more than five vehicles shall
be effectively screened by a 10-foot-wide landscaped strip
'sand a masonry wall or fence of acceptable design. Such
'wall or fence shall be not less than three and one-half feet
or more than six feet in height and shall be maintained in
'good condition without any advertising thereon. The
(requirements specified herein may be eliminated in whole
for in part where, in the opinion of the zoning administrator,
;'such requirements are not necessary for the proper
I protection of abutting property because of substantial
,grade differentials, the existence of adequate walls or other
!equally valid reasons. (Ord. 1356 § 1, 1971; Ord. 1212 § 1,
1969; prior code § 33.801(F)(2)).
',19.62.090 Parking areas -Landscaping
marvl Page 95 04/14/2010 ~''~''~o
EXHIBIT A
The total parking area shall be landscaped in
'.accordance with the landscape manual of the city. (Ord.
1212 § 1, 1969; prior code § 33.801(F)(3)).
19.62.100a Parking areas -Surfacing requirements -
~i Waiver permitted when.
Any off-street parking areas shall be surfaced in
accordance with CVMC 19.62.100b; Surfacinp~•,,,e.,^!^!
standards, so as to provide a durable and dustless surface,
'sand shall be so graded and drained as to dispose of all
'.surface water accumulated within the area, and shall be so
',arranged and marked as to provide the orderly and safe
loading or unloading and parking and storage of vehicles.
'The planning commission or Chula vista redevelopment
'corporation for proiects within a designated redevelopment
'groiect area, may;_ by resolution, waive or modify the
standards for any use within the agricultural zone, or any
'use deemed as temporary (operating for a maximum of
one year); provided, however, such temporary use shall be
'',done in accordance with the surfacingpav~nt standards
'noted in CVMC 19.62.100b (A). (Ord. 2743 § 3, 1998; Ord.
i 1212 § 1, 1969; prior code § 33.801(F)(4)).
Ii19.62.100b Surfacing°-•>~..^•^^" standards for private
'.vehicular areas.
Areas upon private property which are required to be
surfacedf3aved per the various city regulations, or pursuant
to conditional approval of the planning commission, or
Chula vista redevelopment corporation for proiects within a
designated redevelopment groiect area, shall be
surfacedpaved in accordance with the requirements
contained herein and with the standard specifications for
public works construction and any amendments or
supplements thereto, including the San Diego regional
supplement amendments and the city of Chula Vista
standard special provisions. Such requirements shall apply
to all areas to be surfacedpaved for the movement, parking
or storage of vehicles except as specifcally noted.
A. Temporary Use (Maximum of One Year). Temporary
'surfacingpavement shall consist of permeable road base
!material suitable for light traffic or other intended use iwe
~'n^L°~ of nnm..-,.•1...~ .L,..n °.~ n ni° fL.° !nn n ^f.
i .,L.'^h L.-,c L°°n !rn°f°.V .,'fl. !`DC 7 nr !`nnc 7 ° nV. -, If
',ea~alsierrto form a permeable•••..~e,=:°~°'°^~and dust-free
'wearing surface. TF,° ., nl...lf ^ , Icf^^ ^ti°.. ti° ., ..r°a .,«
^I. r^f°c ^ c K'n °n1 n mL.°r nF f'm c !^ nmrl ° Yh°
°^ °°~' •~ °°'^^ ° ^'^^° A weed killer shall be applied to
;the entire area to be surfacedpaved in accordance with the
manufacturer's recommendations.
P
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ifh^f 'F h~u ti 'L.I f no onnn H If
^u^r^-.f„f„ no onnn.. ^h^If ,. °^f n ~°-~^
^I°^! ti'^ti , c'h , nV.^If ° c Ic'^ ch..ll L.° ., r.l'°.i
^h° .!n nN..ll..tin.. nF .. .. ^!°r'^I n, °°a U'll°r
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~~^n^rrl -.n^° JfV. fL.° m F°^f . n.. rl..!'..
4 BS. Permanent Use (for areas less than 5 000 square
',feet .Permanent pavement for areas less than 5,000
',square feet shall consist of a minimum of two inches of
~~ asphaltic concrete pavement with seal coat,_ as~essri~~'
^''°• "°°^, °^! ^~^~~^, applied over afour-
inch-thick Class II aggregate base or better. Aggregate
base shall comply with Section 400-2 of the San Diego
;regional supplement amendments and shall be compacted
Ito 95 percent minimum relative compaction per ASTM D-
1557. Native subgrade shall be graded, scarified, and
compacted to 95 percent minimum relative compaction per
ASTM D-1557 to a minimum depth of six inches prior to
;application of the asphaltic concrete structural section.
Permanent areas less that 5,000 square feet for the
',storage only of passenger-type vehicles may be surfaced
paved as specified under "temporarv~m~F
use." This provision shall
I apply only to the specific storage areas and does not
'include areas designated for parking or movement of
,vehicles. (Ord. 2743 § 3, 1998).
'such as permeable unit pavers, or porous asphalt or
'~,Cpncrete. f ImpeNIOUS paVement5 afe proposed, the
runoff shall be directed to Low Impact Development (LID)
designed to infiltrate filter or treat runoff from impervious
areas.
o c°...; o^...,~^°^f I Ic° inn^.,;^,„m ^F c..,^ v°^,c~ ~, 19.62.110 Limitation on areas to be used.
c^m' r,°rm°^°^f ^..,,°..,°^f ^L,°II ,.^^^'^f ^F «. ° '^^~.°~ ..F I No part of any front yard or exterior side yard (i.e., street
I side of a corner lot) shall be used for off-street parking or
',access, except as noted in CVMC 10.84.020 and
marvl Page 96 10-1 90 04/14/20109~39~?~1-8
EXHIBIT A
;19.62.150, unless so authorized by the zoning
'administrator, pursuant to an approved site plan. (Ord.
x,2743 § 3, 1998; Ord. 2176 § 6, 1986; Ord. 1212 § 1, 1969;
';prior code § 33.801 (F)(5)).
-.19.62.120 Parking areas -Lighting arrangements.
Lighting used to illuminate any off-street parking area
!shall be so arranged as to reflect the light away from
'.adjoining premises in any R zone. (Ord. 1212 § 1, 1969;
prior code § 33.801(F)(6)).
.19.62.130 Waiver or modification of provisions
';permitted when.
~, The commission or Chula vista redevelopment
jproiect area, may;_ by resolution, waive or modify the
!,provisions as herein set forth, establishing required parking
'areas for such uses as electrical power generating plants,
electrical transformer stations, utility or corporation storage
yards or other uses requiring a very limited number of
persons as compared to the number of persons required
~, by the usual industry of comparable size expressed in
i square footage. (Ord. 1212 § 1, 1969; prior code
~,§ 33.801(G)).
' 19.62.140 Off-street loading -Number and size of
lispaces to be maintained.
A. For every building or part thereof having a gross floor
larea of 10,000 square feet or more, which is to be
~loccupied by a commercial or industrial use requiring the
j receipt of distribution by vehicles of materials or
;merchandise, there shall be provided and maintained, on
'the same lot with such building, at least one off-street
loading space plus one additional such loading space for
each additional 40,000 square feet or major fraction
i thereof.
B. Each loading space shall be not less than 10 feet in
'width, 25 feet in length, and 14 feet in height clearance.
C. If such space occupies any part of any required yard
or court spaces, it may not be located closer than 50 feet to
zany lot in any R zone, unless enclosed by a masonry wall
,not less than eight feet in height. (Ord. 1212 § 1, 1969;
',prior code § 33.802).
19.62.150 Residential parking -Front setback
restrictions -Generally.
No required parking spaces or required maneuvering
area may be located in the front or exterior setback area
(except as noted in CVMC 10.84.020); the total
combination of driveways and adjacent parking areas shall
not occupy more than 50 percent of the front or exterior
side yard. (Ord. 2176 § 6, 1986; Ord. 1356 § 1, 1971; Ord.
1212 § 1, 1969; prior code § 33.803(A)).
19.62.160 Residential parking -Front setback
restrictions -Exceptions.
In those cases where street improvements are at their
ultimate width, the front setback area, for parking
',purposes, may be measured from the back of the sidewalk
'((Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
!§ 33.803(6)).
119.62.170 Residential parking -Two-car garage
requirement -Intent and purpose.
' It is the intent of this section and CVMC 19.62.180 and
19.62.190 to require that all dwelling units in the A, R-E, R-
' 1 and R-2 zones as well as single-family and two-family
'.developments in the P-C zone shall have constructed on
'the same lot, as a necessary and essential accessory
',building to the residential use of said lot, atwo-car
enclosed garage containing a minimum of 400 square feet
'ahd minimum dimension of 20 feet. The purpose of said
~, requirement is to provide adequate off-street parking so as
to alleviate the congestion on residential streets and space
(for the necessary storage of materials in an enclosure. The
,enclosed garage is necessary to protect the general
''welfare of residential areas by preventing the
'.establishment of parking spaces in an open parking lot
situation inappropriate to residential development and the
!open and disorderly display of gardening equipment, tools,
boxes and other materials which would be stored in
enclosures to avoid an unsightly appearance. (Ord. 2151
!§ 1, 1986; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior
cbde § 33.803(C)(1)).
~I19.62.180 Residential parking -Two-car garage
requirement -Garage setbacks.
Notwithstanding requirements contained in this chapter,
~ minimum front yard shall be 22 feet from the inside edge of
'the sidewalk to the door of a garage or structure of a
(carport in the case of a driveway approximately
'perpendicular to the front property line. Any garage that
!has its access from an alley shall be located 25 feet from
the opposite side of the alley with a minimum setback of
',five feet from the alley. (Ord. 1356 § 1, 1971; Ord. 1212
!,§ 1, 1969; prior code § 33.803(C)(2)).
19.62.190 Residential parking -Procedure for conversion
,to living purposes-Approval required.
Prior to the issuance of a building permit for the
cpnversion of any existing garage or carport for living
,purposes, the property owner desiring such conversion
'..shall be required to meet the following conditions:
A. A new enclosed two-car garage as set forth in CVMC
~~ 19.62.170 shall be provided to replace the garage or
licarport being converted. Tandem parking as provided in
this chapter will not satisfy the parking requirements.
B. All plans for the conversions of existing garages or
carports for living purposes, as well as plans for new
'garages, shall be submitted to the development services
department for approval by the zoning
administrator to insure that the conversion is compatible in
(design and materials with the existing dwelling. Plans for
garage conversions shall show either:
1. The exterior of the garage unchanged; or
marvl Page 97 ~g ~ o ~ 04/I4/2010v~~?°/''~9
EXE[IBIT A
2. The exterior of the garage fully altered to match
the existing house elevation in colors, materials and trim.
C. A filing fee as set forth in the master fee schedule
'shall accompany each application for a garage conversion.
(Ord. 2151 § 2, 1986; Ord. 2011 § 1, 1982; Ord. 1669 § 1,
1976; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code
I,§ 33.803 (C)(3)).
19.62.200 Enforcement of this chapter.
The development services
'..director, code enforcement officers and other employees
designated by the development servicesylaaaiag-and
ba+ld+wg director shall have the authority to enforce this
'chapter in accordance with the procedures as set forth in
Chapters 1.40 and 1.41 CVMC. Any violation of this
';chapter shall constitute an infraction, and the
;administrative citation provisions contained in Chapter 1.41
'CVMC shall be applicable. (Ord. 2790, 1999; Ord. 2718
§ 1, 1998; Ord. 2176 § 7, 1986).
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Chapter 19.64
PREVIOUSLY CONFORMING USES
AND STRUCTURES
Sections:
19 64 010 Purpose and Intent
19.64.020 Definitions.
19.64.030 Previouslv conforming use
Continuation of -Generally
19.64.040 Previouslv conformina use -Expansion
19.64.050 Previouslv conforming use -Expansion
- Conformance to performance
standards.
19.64.060 Previouslv conforming use -Expansion
of-Approval Process.
19.64.070 Previouslv conforming use -Outdoor
uses subject to fence requirements -
Time limit for conformance.
19.64.080 Previouslv conforming use
Abandonment.
19.64.090 Previouslv conforming structure
Continuation -Generally
19.64.100 Previouslv conformina structure
Continuation - Construction started
prior to regulation change.
19.64.110 Previouslv conforming structure
Expansion. alteration repair. or
replacement -Generally.
19.64.120 Previouslv conforming structure
Expansion or alteration -Setbacks and
height.
19.64.130 Previouslv conforming structure
19 64 150 Previouslv conforming structure
Replacement -Residential.
19 64 160 Previouslv conforming structure
Replacement -Nonresidential.
19.64.170 Previouslv conforming structure
Replacement- Conditions of.
19.64180 Previouslv conforming structure
Reconstruction permit -General.
19 64 190 Previouslv conformina structures -
Reconstructian permit -Findings
19 64 200 Previouslv conforming structure
Reconstruction permit-Conditions
19.64.210 Previouslv conforming structure
Replacement Modification of
provisions permitted when.
19.64.220 Previouslv conforming structure
Abandonment.
19.64.010 Purpose and Intent
It is the general policv of the city to ensure that
uses and structures that do not conform with existing
regulations either be brought into compliance with such
regulations discontinued or removed The purpose of this
section is to provide certain limited exceptions to the
general policv for those uses and structures that were
established and/or constructed in compliance with all
applicable regulations at the time of development and
which are compatible with surrounding development
although thev do not conform with existing regulations
of -Generally. 19.64.020 Definitions.
Whenever anv words or phrases used in this
chapter are not defined herein but are defined in other
marvt Page 101 04/14/2010^'r'~8
EXHIBIT A
sections of the city of Chula Vista's Municipal Code or in
the certified local coastal program of the city such
definitions shall be incorporated herein and shall apply to
such words or phrases used herein as though set forth fully
herein, unless context clearly indicates a contrary intention
A. "Development" means the uses to which land is
put, the buildings constructed thereon. and all alterations of
the uses, land, and construction incident thereto
B. "Previously conforming structure' means any
structure existing as of July 8 1969 any structure on
property annexed into the Citv after such date and that was
established in compliance with the applicable regulations at
the time of its construction. or any structure that was
established in compliance with the applicable regulations at
the time of its construction which based on changes in
zoning or annexation into the city no longer complies with
zoning regulations.
C. "Previously conforming use" means any use on
a property existing as of July 8 1969 any use on a
property annexed into the city after such date which was
established in compliance with applicable regulations at the
time of its initiation, or any use on a property established in
compliance with applicable regulations at the time of its
initiation which based on subsequent changes in zoning
no longer complies with zoning regulations.
19.64.030 Previously conforming use
Continuation of -Generally.
Except as hereinafter specified a previously
conforming use may continue only if the following
conditions are satisfied:
A. The city determines that the continuation of the
previously conforming use does not endanger the health
safety or general welfare of the public
B. The use has not been abandoned pursuant to
section 19.64.080
C The owner or person claiming previously
conforming status provides the director of development
services sufficient documentation supporting a claim that
the use is previously conforming.
D. The use has not been brought into conformance
with existing zoning regulations.
19.64.040 Previously conforming use -Expansion of
-Generally.
A previously conforming use may be expanded if
~ecific findings are made by the Zoning Administrator that
indicate the previously conforming use represents a long-
term or traditional use of the site and is compatible with the
surrounding area
19.64 050 Previously conforming uses -Expansion -
Conformance to performance standards
If a previously conforming use is permitted to
expand measures shall be adopted as necessary to
conform with the applicable performance standards as set
forth in CVMC Section 19.66.
19.64.060 Previously conforming use -Expansion of
- Approval Process
The approval process for expansion of a previously
conforming use shall be pursuant to CVMC Sections
19.14.030 or 19 14 040 as applicable
19.64.070 Previously confgrminq use -Outdoor uses
subject to fence requirements Time limit for
conformance.
Any previously conforming use that is conducted
outdoors. but is required to be conducted wholly within an
enclosed building or screened from public view as required
in the zone shall be required to obtain site plan and
architectural approval pursuant to CVMC 19.14, following
notification by the appropriate authority Otherwise. said
use shall be abated withhin_sixty days from the date of
notification
19 64 080 Previously conforming use
Abandonment.
A previously conforming use shall be deemed
abandoned if such use has not been in usP or operation or
has ceased for 12 consecutive months If the previously
conforming use has been discontinued for the purpose of
repair, remodeling or reconstruction the maintenance of
an active construction permit and continuance of a
business license shall constitute conclusive evidence that
such use has not been abandoned during the period of
repair remodeling or reconstruction provided the work is
conducted diligently to completion
The Director of Development Services may extend
for no longer than six months the period of abandonment
identified in section 19.64.080 due to demonstrated
overriding economic hardship during periods of regional
economic distress
19.64.090 Previously confgrminq structure -
Continuation -Generally.
Except as hereinafter specified a previously
conforming structure may continue subject to the
conditions herein. provided all of the following conditions
are satisfied:
A. The city determines that the continuation of the
previously conforming structure does not endanger the
health. safety or general welfare of the public.
B. The structure has not been abandoned
pursuant to section 19.64.220
C. The owner or person claiming previously
confgrminq status provides the director of development
services sufficient documentation supporting a claim that
the structure is previously confgrminq
D. The structure has not been brought into
conformance with existing zoning regulations.
marvl Pa e 102 10-1 96 04/14/20109~F?9~81-9
EXHIBIT A
19 64.100 Previously conforming structure
Continuation -Construction started prior to regulation
change.
A building structure or part thereof for which
construction has begun prior to a change in regulations.
which change would make the structure once completed a
nonconforming structure may be completed in accordance
with the approved permit and plans provided the work is
implemented continuously and without delay. Such
structure shall be deemed to be a previously conforming
structure and shall thereafter be subject to the regulations
set forth herein.
19.64.110 Previously conforming structure
Expansion alteration repair or replacement -Generally.
A previously conforming structure may be
expanded altered repaired or replaced in the manner and
subject to conditions provided for herein.
19.64.120 Previously conforming structure
Expansion or alteration -Setbacks and height.
Anv previously conforming structure that is
nonconforming due solely to an intrusion into a setback
and/or exceeds height limitations shall be permitted to
expand provided the expansion does not increase the
intrusion into the setback or the current height of the
structure as shown below and such expansion complies
with all other provisions of the code.
E yansion Area ~'~
y0ri9inal 'tP' Eusling
SlmcWre ~ v Setback
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Current Setback Regulation
Proposed Building Eapansim Existing Previously Conforming Building
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35'
I
19.64.130 Previously conforming structure
Expansion of -Approval Process
The approval process for expansion of a previously
conforming structure shall be pursuant to CVMC Sections
19.14.582 (A) or (I) as applicable.
19.64.140 Previously conforming structure -Repair
Except as otherwise provided by law, previously
conforming structures may be repaired or maintained as
required to keep such structure in safe and sound
condition however no structural alterations shall be made
except such as are required by law or ordinance or
authorized as permitted herein.
19.64.150 Previously conforming structure
Replacement -Residential.
Anv previously conforming residential unit incurring
damage by fire explosion wind earthquake war, riot, or
other calamity or act of God may be reconstructed, subject
to the conditions in Section 19.64.170.
19.64.160 Previously conforming structure
Replacement- Nonresidential.
A. A previously conforming nonresidential structure
incurring damage by fre explosion wind earthquake war
riot or other calamity or act of God which damage does
not exceed 60 percent of its value as established by the
maryl Page 103 }$ 04/I4/20100~,~°,!2m~^
EXHIBIT A
City Manager or designee at the time of damage may be
reconstructed subject to the conditions in Section
19.64.170.
1. Notwithstanding Section 19.64.160(A),
reconstruction shall not be permitted in the city right-of-
wav.
B. In no event shall a previously conforming
nonresidential structure incurring damage exceeding 60
percent of its value, as established by the Citv Manager or
designee, at the time of damage, be reconstructed or
restored to its condition prior to such damage.
19.64.170 Previously conforming structure
Replacement -Conditions of.
A. In order to reconstruct a previously conforming
nonresidential structure in accordance with Sections
19.64.160, building permits must be applied for within 6
months of the event causing such destruction, and the
construction must reach substantial completion within two
(21 years of the event. Said reconstruction shall meet all
applicable building code requirements in place at the time
of reconstruction and shall not be built beyond the existing
building footprint.
B. Reconstruction that does not satisfy the
conditions in Section 19.64.170(A) shall be deemed
nonconforming, the permits issued shall be void. and such
construction, if initiated, shall either be abated or brought
into compliance with all existing regulations as of the date
a new construction permit is issued.
19.64.200 Previously conforming structure
Reconstruction permit-Conditions. Any
reconstruction permit issued shall require that the structure
being reconstructed meet current building codes.
19.64.210 Previously conforming structure
Replacement -Modification of provisions permitted when
Requirements prohibiting restoration or
reconstruction or requiring abandonment of previously
conforming structures may be modified for such structures
if the previously conforming status is based solely on yard
and/or height requirements.
The Director of Development Services may waive
certain other current development standards including
b'uilding setbacks and landscaping regulations based upon
hardship and upon the flndinq they will not cause a
detrimental impact to the surrounding area.
19.64.220 Previously conforming structure
Abandonment.
A previously conforming structure shall be deemed
abandoned if such structure has not been occupied for 12
consecutive months. If the previously conforming structure
has been unoccupied for the purpose of repair remodeling
or reconstruction. the maintenance of an active
construction permit and a continuance of a Business Tax
Certificate shall constitute conclusive evidence that such
structure not been abandoned during the period of repair
remodeling, or reconstruction, provided the work is
conducted diligently to completion.
19.64.180 Previously conforming structure
Reconstruction permit -General.
Reconstruction of a previously conforming
structure shall require the issuance of a reconstruction
ep rmit.
19.64.190 Previously conforming structures
Reconstruction permit-Findings.
The zoning administrator may approve a
reconstruction permit only after making all of the following
findings:
A. The reconstruction of the previously conforming
structure will not be detrimental or injurious to the
neighborhood or public welfare based upon factors
including, but not limited to parking, traffic, noise. and
incompatible land uses in the immediate surrounding area.
B. The reconstruction as planned will not increase
the previously conforming aspect of the original structure.
C. There are specific site constraints affecting the
property which would make conformance with current
zoning regulations an undue hardship and burden on the
property owner. Such site constraints include but are not
limited to, minimal street frontage or limited vehicular
access to the site.
D. The previously conforming structure will have
the same use as immediately prior to the event causing the
damage to the structure.
The Director of Development Services may extend
for no longer than six months, the period of abandonment
I identified in section 19.64.220, due to demonstrated.
ioverridinp economic hardship during periods of regional
li economic distress.
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10-199
Exhibit B
- - -
ICVMC CHAPTER 2.55 ADMINISTRATION and PERSONNEL
;2.55.050 Previous Planning Commission functions.
A~.. Administrative Activities. The corporation shall assume the functions of the Planning
Commission with respect to administrative and quasi judicial items that relate to lands or uses
within the geographic areas of the City that the City Cduncil designates as areas within which the
corporation has the authority to exercise planning and redevelopment functions. In those. cases ~
iauthority. Any action by the corporation under this subsection shall be subject to appeal to the
City Council pursuant to Chapter 19_12 or 19_14 CVMC, as applicable. (Ord. 3008 § 1, 2005).
~~ GS mn o o r ~~ r r
i
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10-200
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10-201
Exhibit C
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3/18/10
Title 18
SUBDIVISIONS
Chapters:
18.04 Subdivision Policy and Procedure
18.08 Definitions
18.12 Tentative Maps
18.13 Vesting Tentative Maps
18.16 Final Maps
18.17 Improvements
18.18 Tentative Parcel Maps
18.19 Vesting Tentative Parcel Maps
18.20 Parcel Maps
18.24 Adjustment Plats
18.28 Deposits and Fees
18.32 Design Requirements
18.36 Improvements
18.40 Dedications
18.44 Covenants, Planned Unit Developments
and Condominium Subdivisions
18.48 Violations and Remedies
18.52 Appeals
18.54 Recodified
Chapter 18.04
SUBDIVISION POLICY AND PROCEDURE*
Sections:
18.04.010 Statutory authority.
18.04.020 Purpose, intent and scope of provisions.
18.04.040 Criteria for division and development of
land -Adherence to general plan, zoning
ordinance and, where applicable, local
coastal program required.
18.04.050 Criteria for division and development of
land -Street design and alignment and
environmental protection.
18.04.060 Criteria for division and development of
land -Community facilities to be provided -
Procedure.
18.04.120 Provisions to be construed as restatements
and continuations.
" For provisions of the statutory Subdivision Map Act,
see Government Code § 66410; for statutory
authority for cities to regulate division of land which
is not subdivision, see Bus. and Prof. Code
§ 11540.1; for statutory exclusions of land from
subdivision, see Bus. and Prof. Code § 11700, et
seq.
18.04.010 Statutory authority.
This chapter is enacted pursuant to the authority
granted by Section 66421 of the Government Code of
the state of California and in accordance with the
limitations of Section II of Article XI of the Constitution
of the state, the general laws of the state, and Section
66410, et seq., of the Government Code of the state,
known as the Subdivision Map Act. The provisions of
this chapter are in addition to the regulations of said
Subdivision Map Act and are supplemental thereto,
consistent with and not in conflict with the provisions
of said act. Within the Coastal Zone, in the event of
any conflict arising between the provisions of the
certified local coastal program (LCP) and the
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subdivision ordinance or other legal authorities
applying to the subdivision ordinance, the LCP shall
control. (Ord. 2100 § 1, 1985).
18.04.020 Purpose, intent and scope of
provisions.
The purpose of this title, and any rules, regulations,
standards or specifications adopted pursuant hereto,
is to control and regulate the division or consolidation
of land within the city as well as such land as may be
hereafter annexed to the city and to provide for a
clear and expeditious procedure for this purpose. Said
rules and regulations adopted pursuant to this title as
well as the regulations contained herein shall be
applicable to the resubdivision of land or the alteration
of the size and shape of any existing parcel of record.
It is the specific intent of the city council to establish
by local ordinance requirements for the recordation of
a final subdivision map when land is to be divided into
five or more parcels, or a parcel map where land is to
be divided into less than five parcels, in conformity
with the authorization of the State Subdivision Map
Act, excepting those subdivisions of land identified
herein. It is further the purpose of these regulations to
require the subdivider to properly install streets and
drains in accordance with the provisions of the State
Subdivision Map Act and the standards and
specifications adopted by the city; to require the
subdivider to do the original work of placing the
streets in a proper condition before the maintenance
thereof is taken over by the city; to provide for the
regulation and control of the design and improvement
of a subdivision with proper consideration of its.
relation to adjoining areas and the effect said
subdivision would have on such areas; to require the
establishment of open spaces and recreational areas
in accordance with rules and regulations .that
presently exist or may hereafter be adopted; to
provide for the designation and acquisition of sites for
necessary public facilities to serve residential areas
that are developed as the result of the subdivision of
land; in the coastal zone, as defined in Public
Resources Code Section 30103, to require full
compliance with the provisions of the certified local
coastal program; and to prevent fraud and exploitation
in the sale of subdivisions or parts thereof in the
interests of protecting the public, which has been
declared to be the public policy of the state of
California. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.102).
18.04.040 Criteria for division and development of
land -Adherence to general plan, zoning
ordinance and, where applicable, local coastal
program required.
The general plan of the city, as presently adopted
or as it may hereafter be amended, is accepted as a
guide for the use of all land within the boundaries of
the city and for those properties located in the
unincorporated area wherein land use is defined in
said general plan. All land shall be subdivided and
developed in accordance with the provisions and
regulations of the comprehensive zoning ordinance of
the city as it may be applied to the property subject to
subdivision at the time of the filing of a subdivision
map, or in accordance with such zoning as may later
be applied to the property as a condition of a zoning
ordinance incorporating land into a particular zone
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subject to the filing of a subdivision map. In the
coastal zone, as defined in Public Resources Code
Section 30103, the certified local coastal program
shall constitute the standard for all use of land. No
subdivision approval shall be given to any project
located in the coastal zone which is found to be in
conflict with the certified local coastal program. The
type and intensity of land use as shown in the
Bayfront Land Use Plan shall determine the types of
streets, roads, highways, utilities, and public services
that shall be provided by the subdivider. For lands
within the coastal zone, the subdivider shall obtain a
coastal development permit, as prescribed in Chapter
19.83 CVMC, in addition to the other requirements of
this code. (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.104(1)).
18.04.050 Criteria for division and development of
land -Street design and alignment and.
environmental protection.
In designing and aligning streets within the
subdivision, consideration shall be given to the
previously established street and highway network
contiguous to the proposed subdivision, the effect of
the extension of said streets and alignment thereof in
undeveloped land surrounding the subdivision,
provision for uniformity of street widths, and for the
total program of properly relating street alignments
and street names. Preservation of the privacy and
safety of streets in residential areas shall be
encouraged by the minimizing of through traffic in
such areas. The number of intersections on through
streets and highways shall be reduced to a minimum
consistent with the basic needs of ingress and egress
while ensuring adequate access to all areas.
Intersections shall be so designed to provide for the
greatest safety, both for pedestrians and motorists.
Provision shall be made for assuring adequate light,
air and privacy on all parcels of property, regardless
of the land use. The trees, topography and other
natural cover of the land shall be respected, and
streets shall be designed so as to prevent excessive
grading and scarring of the landscape. In the coastal
zone, as defined in Public Resources Code Section
30103, the design and alignment of streets shall be
consistent with the provisions of the certified local
coastal program. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.104(2)).
18.04.060 Criteria for division and development of
land -Community facilities to be provided -
Procedure.
The subdivision procedures contained in this title
and other requirements and regulations adopted by
ordinance and incorporated in this code or by
resolution of the city council shall provide necessary
land and development thereof for parks, open space,
schools, playgrounds and other required public
facilities serving said subdivision. This title establishes
procedures for the referral of proposed subdivision
maps to those boards, bureaus and other
governmental agencies and utility companies, both
public and private, so that the extension of community
facilities and utilities may be accomplished in an
orderly manner coincident with a subdivision of land
and in accordance with such standards as may be
adopted in the general plan for the city. In order to
facilitate the acquisition of land areas required to
3
implement this policy, the commission may
recommend that land be reserved by the subdivider
fora certain period of time and subject to such
conditions as prescribed herein, to permit the
acquisition by the appropriate public agency of said
land for open space, parks, playgrounds, and schools
and other public purposes. The council may, under
such conditions and circumstances as provided in this
code, require that land be dedicated or fees be levied
to accomplish this purpose. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.104(3)).
18.04.120 Provisions to be construed as
restatements and continuations.
The provisions of this title, insofar as they are
~ substantially the same as existing provisions relating
ro to the same subject matter, shall be construed as
c°r, restatements and continuations thereof and not as
new enactments. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.111(2)).
Chapter 18.08
DEFINITIONS
Sections:
18.08.010 Definitions -Generally.
18.08.020 Alley.
18.08.030 Block.
18.08.040 City manager.
18.08.050 Coastal Commission.
18.08.060 Coastal zone.
18.08.070 Commission.
18.08.080 Committee.
18.08.090 Council.
18.08.100 Cul-de-sac.
18.08.110 CVMC
18.08.120 Director of development services.
18.08.130 City engineer.
18.08.140 Freeway, major road and collector road.
18.08.150 Frontage road.
18.08.160 General plan.
18.08.1701nterested person
18.08.180 Local coastal program.
18.08.190 Lot.
18.08.00 Map Act.
18.08.210 Map, final.
18.08.220 Map, parcel.
18.08.230 Map, tentative.
18.08.240 Map, tentative parcel.
18.08.250 Map, vesting tentative.
18.08.260 Map, vesting tentative parcel.
18.08.270 Map package, approvable final.
18.08.280 Standard specifications.
18.08.290 Street, residential and industrial service
street.
18.08.300 Street, residential collector.
18.08.310 Subdivider.
18.08.320 Subdivider's engineer.
18.08.330 Subdivision.
18.08.340 Subdivision, major.
18.08.350 Subdivision manual.
18.08.360 Subdivision, minor.
18.08.370 Usable park land.
18.08.010 Definitions generally.
Whenever any words or phrases used in this title
are not defined herein, but are defined in the
Government Code or Public Resources Code of the
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state of California, the city's zoning ordinance, or the
city's certified local coastal program, such definitions
are incorporated herein and shall apply to such words
and phrases used herein as though set forth herein in
full, unless the context clearly indicates a contrary
intention. Where words are used in a single gender
and number, they shall be deemed to mean and
include the feminine, masculine, or neuter gender and
plural number whenever required (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.103).
18.08.020 Alley.
"Alley" means a street providing only secondary
access to abutting property. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.103).
18.08.030 Block.
"Block" means an area of land within a subdivision,
which area is entirely bounded by streets, highways,
or ways, except alleys, or the exterior boundary or
boundaries of the subdivision. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.103).
18.08.040 City manager.
"City manager" means the city manager of Chula
Vista or his duly authorized representative. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.103).
18.08.050 Coastal Commission.
"Coastal Commission" means the California Coastal
Commission as defined in Public Resources Code
Section 30105. (Ord. 2100 § 1, 1985).
18.08.060 Coastal zone.
"Coastal zone" means that land and water area of
the city of Chula Vista as defined in Public Resources
Code Section 30103 and that is more particularly
delineated on the map adopted by the California
Coastal Commission. (Ord. 2100 § 1, 1985).
18.08.070 Commission.
"Commission" means the Planning Commission of
Chula Vista or the Chula Vista Redevelopment
Corporation in redevelopment areas. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.103).
18.08.080 Committee.
"Committee" shall mean the Subdivision and
development committee.
18.08.090 Council.
"Council" means the city council of Chula Vista.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
18.08.100 Cul-de-sac.
"Cul-de-sac' means a street open at one end only,
and providing at the other end special facilities for the
turning around of vehicular traffic. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.103).
18.08.110 CVMC
"CVMC" shall mean the Chula Vista Municipal
Code.
18.08.120 Director of development services.
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"Director of development services" means the
director of development services of Chula Vista or his
authorized representative. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.103).
18.08.130 City engineer.
"City engineer" means the city engineer of Chula
Vista or his duly authorized representative. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.103).
18.08.140 Freeway, major road and collector road.
"Freeway," "major road" and "collector road" means
any vehicular route so designated on the general plan
and shall be for the purpose of collecting and carrying
large volumes of traffic. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.103).
18.08.150 Frontage road.
"Frontage road" means a street contiguous to a
freeway, major road, or collector road, separated
therefrom by a dividing strip and providing access to
abutting property. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.103).
18.08.160 General plan.
"General plan" means the general plan of the city,
adopted September 22, 1964, and any amendments
thereto. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.103).
18.08.170 Interested person.
"Interested person" means a person who was
present at a public hearing from which an appeal.
arose and who had filed a speaker slip with the
decision maker at that public hearing or a person who
expressed an interest in the decision in writing to that
decision maker before the close of the public hearing
or a decision on an action from which an appeal may
be filed.
18.08.180 Local coastal program.
"Local coastal program" means the City of Chula
Vista Bayfront Local Coastal Program, which consists
of the land use plan as certified by the Coastal
Commission in March, 1984, and the specific plan
and other implementing actions as certified by the
Coastal Commission or any amendments thereto.
(Ord. 2100 § 1, 1985).
18.08.190 Lot.
"Lot" means a parcel or portion of land legally
separated from other parcels or portions by
description, as on a subdivision map, record. of survey
map, parcel map or by metes and bounds, for
purpose of sale, lease or separate use as of the
effective date of the ordinance codified herein or as
subsequently created in accordance with this title.
The term "lot" shall further include any parcel which,
at the time of annexation to the city, is a parcel of
record. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.103).
18.08.200 Map Act.
"Map Act" means the Subdivision Map Act of the
state of California. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.103).
18.08.210 Map, final.
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"Final map" means a map prepared in accordance
with the provisions of this title and the Subdivision
Map Act of the state, which map is designed to be
placed on record in the office of the San Diego
County recorder. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.103).
18.08.220 Map, parcel.
"Parcel map" means a map and/or the process of
dividing, adjusting or consolidating land under the
conditions set forth in Chapter 18.20 CVMC for the
purpose of sale, lease, transfer or financing, whether
immediate or future, by any person. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.103).
18.08.230 Map, tentative.
o "Tentative map" means a map made for the
~v purpose of showing the design of a proposed major
o°, subdivision and the existing conditions in and around
it, and need not be based upon a detailed final survey
of the property. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.103).
18.08.240 Map, Tentative parcel.
"Tentative parcel map" means a map made for the
purpose of showing the design of a proposed parcel
map and the existing conditions in and around it, and
need not be based upon a detailed survey of the
property. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.103).
18.08.250 Map, vesting tentative.
"Vesting tentative map" means a tentative map for a
residential subdivision, which conforms with the
requirements of Chapter 18.13 CVMC and confers
upon the subdivider certain rights established by this
title.
18.08.260 Map, vesting tentative parcel
"Vesting tentative parcel map" means a vesting
tentative map prepared in conjunction with a parcel
map. (Ord. 2134 § 1, 1985).
18.08.270 Map package, approvable final.
"Approvable final map package' means 1) a final
map that meets all the requirements of the municipal
code and the Map act and 2) is accompanied by the
associated signed agreements guaranteeing the
fulfillment of the tentative map conditions in a form
approved by the city attorney.
18.08.280 Standard specifications.
"Standard specifications' means standard
specifications and standard drawings ptrepared by the
city engineer and approved by resolution of the city
council. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.103).
18.08.290 Street, residential and industrial service
street.
"Residential street" and "industrial service street"
mean a street intended wholly or principally for local
traffic, or service to abutting property. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.103).
18.08.300 Street, residential collector.
"Residential collector street" means a street
intermediate in importance between a residential
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street and a collector road and which has the purpose
of collecting traffic from local streets and carrying it to
a major road. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.103).
18.08.310 Subdivider.
"Subdivider" means any individual, firm,
association, syndicate, copartnership, corporation,
trust or any other legal entity commencing
proceedings under this title to cause land to be
divided into a subdivision for himself or for another.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
18.08.320 Subdivider's engineer.
° "Subdivider's engineer" means any individual or
o firm retained by the subdivider, and who is duly
~ qualified to perform the duties of the engineer of work.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
18.08.330 Subdivision.
"Subdivision" means the division, by any subdivider,
of any unit or units of improved or unimproved land, or
any portion thereof, shown on the latest equalized
county assessment roll as a unit or as contiguous
units, for the purpose of sale, lease or financing,
whether immediate or future. Property shall be
considered as contiguous units even if it is separated
by roads, streets, utility easements or railroad rights-
of-way. "Subdivision" includes a condominium project,
as defined in subsection (f) of Section 1351 of the
Civil Code; a community apartment project, as
defined in subsection (d) of Section 1351 of the Civil
Code, or the conversion of five or more existing
dwelling units to a stock cooperative, as defined in
subsection (m) of Section 1351 of the Civil Code.
Any division made solely for the purpose of street
widening shall not be a subdivision, nor shall any land
given under eminent domain proceedings or threat
thereof.
18.08.340 Subdivision, major.
"Major subdivision" means any subdivision creating
five or more parcels, five or more condominiums as
defined in Section 783 of the Civil Code, a community
apartment project containing five or more parcels, or
for the conversion of a dwelling to a stock cooperative
containing five or more dwelling units, except where
any one of the following occurs:
(a) The land before division contains less than five
acres, each parcel created by the division abuts upon
a maintained public street or highway, and no
dedications or improvements are required by the
legislative body.
(b) Each parcel created by the division has a
gross area of 20 acres or more and has an approved
access to a maintained public street or highway.
(c) The land consists of a parcel or parcels of land
having approved access to a public street or highway,
which comprises part of a tract of land zoned for
industrial or commercial development, and which has
the approval of the governing body as to street
alignments and widths.
(d) Each parcel created by the division has a
gross area of not less than 40 acres or is not less
than a quarter of a quarter section.
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(e) The land being subdivided is solely for the
creation of an environmental subdivision pursuant to
Section 66418.2 of the Map act.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
18.08.350 Subdivision manual.
"Subdivision manual" means the manual of
procedure entitled Subdivision Manual, pertaining to
the division, adjustment, or consolidation of land as
prepared by the city engineer and approved by
resolution of the city council, including amendments to
said manual, which may be made from time to time.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
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,~, "Minor subdivision" means any Subdivision not
o considered a Major Subdivision pursuant to Municipal
Code 18.08.270. .
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.103).
18.08.370 Usable park land.
"Usable park land" means land which.. meets the
following minimum requirements and is determined to
be acceptable by the director of parks and recreation:
A. Graded in conformance with a plan approved by
the city;
B. All street improvements have been installed, or
bonded for;
C. Turf and/or turf and decomposed granite;
D. All utilities required by the city have been
installed and extended to the property line;
E. Irrigation system has been installed. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.103).
Chapter 18.12
TENTATIVE MAPS"
Sections:
18.12.010 Filing -Fees.
18.12.020 Filing -Number of copies.
18.12.030 Filing -Title report.
18.12.040 Filing -Time of.
18.12.050 Map preparation -Registered engineer.
18.12.060 Map preparation - Compliance with
subdivision manual
18.12.070 Processing -Transmission and review of
documents and data.
18.12.080 Processing -Pre-commission conference.
18.12.090 Processing -Report to commission.
18.12.100 Commission -Review and duties.
18.12.110 City Council - Setting date for
consideration.
18.12.120 City Council -Determination.
18.12.130 City Council -Variance or suspension of
.requirements.
18.12.140 City Council - Public hearing required
when.
18.12.150 City Council -Public hearing -Notice.
18.12.160 City Clerk -Notice of determination.
18.12.170 Filing of approved or conditionally
approved maps.
18.12.180 Expiration of tentative map.
18.12.190 Extension of tentative map -Application
and hearing.
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" For statutory provisions relating to tentative maps,
see Bus. and Prof. Code § 11550, et seq.
18.12.010 Filing -Fees.
Fees shall be paid in accordance with CVMC
18.28.020 through 18.28.090. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.202).
18.12.020 Filing - Number of copies.
Each subdivider of a major subdivision shall file
with the development services department such
number of copies of the tentative map as may be
required in the subdivision manual.
18.12.030 Filing -Title report.
° Two copies of a preliminary title report on the
property to be subdivided shall accompany the
-' tentative map.
18.12.040 Filing -Time of.
The time of filing of a tentative map shall be
construed to be the time at which the same, together
with the required data, is received in the office of the
director of development services, who shall indicate
the date of filing upon all copies of the tentative map
and accompanying data.
18.12.050 Map Preparation -Registered engineer.
The subdivider shall cause the tentative map of the
land proposed to be subdivided to be prepared by a
civil engineer registered in the state of California.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.203).
18.12.060 Map Preparation -Compliance with
subdivision manual specifications.
The tentative map shall be drawn to such size and
scale and contain such information as set forth in the
subdivision manual, including, but not limited to, a
depiction of the property proposed to be subdivided
and all lands in or under option to the subdivider
and/or the owner of the property proposed to be
subdivided. The development services department
shall make available to the subdivider or his
representative a copy of the subdivision manual and
such other instruction sheets providing information
relative to the preparation of said tentative map. (Ord.
2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.204).
18.12.070 Processing -Transmission and review
of documents and data.
Within five working days of the filing of a tentative
map, the director of development°' services shall
transmit the requested number of copies of said map
together with accompanying data to such public
agencies and public and private utilities as may be
concerned. Each of the public agencies and utilities
may, within 15 days after the tentative map has been
received by such agency, forward to the commission
a written report of its findings and recommendations
thereon. Within 14 days after submittal of an
application package and all required documents as
required by the director of development services, the
director of development services or his designee will
hold apre-commission conference on the tentative
map with the subdivider and the committee. (Ord.
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2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.205(1)).
18.12.080 Processing -Pre-Commission
conference.
The director of development services or designated
members of his staff shall make such
recommendations to the subdivider as seem proper
regarding the tentative map, and shall recommend
consultations by the subdivider with relevant
organizations, including public and private utilities,
and report conclusions and findings to the subdivider
within seven days of said conference. This procedure
is not required in the processing of a parcel map.
However, consultation with the director of
development services, prior to the preparation of a
tentative parcel map is recommended. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.205(2)).
18.12.090 Processing -Report to commission.
The director of development services or his
designee shall prepare a written report of
recommendations on the tentative map in relation to
the requirements of this chapter and other applicable
regulations of the city or public and private utilities,
and shall submit the same to the commission within
21 days after receipt of the map. In the coastal zone,
the report of the director of development services
shall also state how the tentative map complies with
the requirements of the certified local coastal
program. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.205(3)).
18.12.100 Commission -Review and report
duties.
The commission shall consider the tentative map as
submitted by the subdivider together with the
recommendations prepared by the city engineer and
the director of development services. The director of
development services may, with a minimum of three
working days' prior to commission's consideration of
the project, require that all or any part of the
boundaries and/or streets of a proposed subdivision
be flagged at the site to facilitate any field review of
the commission. The commission shall report, in
writing, on the map of any subdivision submitted to it
within 50 days after the tentative map has been filed
which report shall recommend to the council approval,
conditional approval or disapproval of the tentative
map. The 50 day time period shall commence after
certification of the environmental impact report,
adoption of a negative declaration, or a determination
that the project is exempt from the requirements of
Division 13 (Commencing with Section 21000) of the
Public Resources Code. The number, size and
configuration of lots to be created and the alignment
and width of streets and easements shall be clearly
depicted upon the tentative map prior to
recommendation of the commission. Conditions to
make the tentative map approvable, which involve
modifications to lots in terms of number, size or
configuration, or to streets in terms of alignment or
width, may be set forth by the commission for the
guidance of the subdivider. However, when such
conditions are substantial, the commission may
require that these changes be incorporated upon a
revised tentative map and returned to the director of
11
development services who shall have the authority to
determine on behalf of the commission if the map is
clearly in conformity with the conditions established
by the commission and forward such map along with
the commission's report to the council for decision.
The director of development services may, at his
discretion, require that the revised map be submitted
to the commission for further review in any instance
where the map is not clearly in conformity with such
conditions. (Ord. 2091 § 1, 1984; Ord. 1369, 1971;
prior code § 28.205(4)).
18.12.110 City council -Setting date for
consideration.
At its next regularly scheduled meeting after receipt
° of the report of the commission, the council shall fix
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w considered by it, which date shall be shall be within
30 days thereafter.
18.12.120 City council -Determination.
On the date set for consideration of the tentative
map, the council shall approve the tentative map if it
finds that the tentative map complies with the
requirements of this chapter. If the council finds that
the tentative map does not meet the requirements of
this chapter, it shall conditionally approve or
disapprove said map. In the coastal zone, the
tentative map shall, in addition, meet the
requirements of the certified local coastal program
and not result in the creation of a parcel or lot
proposed for development that is totally located within
an environmentally sensitive habitat area or flood.
hazard area. (Ord. 2100 § 1, 1985; Ord. 2091 § 1,
1984; Ord. 1369, 1971; prior code § 28.205(5)).
18.12.130 City Council -Variance or suspension of
requirements.
In approving a tentative map, the council may grant
a suspension of any of the subdivision requirements
set forth or referred to in this code, provided that such
suspensions are not inconsistent with state law. A
variance from the lot area, frontage, width, depth and
front yard or setback requirements of the various
zones set forth in this code may also be granted by
the council. Any such suspension or variance shall be
based upon a sufficient showing that there are special
circumstances or conditions affecting the property in
question and that such suspension or variance, if
granted, will not be materially detrimental to the
general welfare of adjacent persons oi- property, and
such other findings for suspension or variance as may
be required in other sections of this code. The council
may grant a variance from the requirements of the
certified local coastal program and this chapter only if
it does not affect environmentally sensitive habitat or
public access to and along the Bayfront, will not
otherwise create adverse environmental effects on
coastal resources, and written findings based on
substantial evidence are adopted in support thereof
18.12.140 City Council -Public hearing required
when.
In certain instances, council shall hold a hearing on
the tentative map prior to their determination. Those
specific situations follow:
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A. If the subdivision and development committee
determines that a tentative map is possessed of
sufficient public or community interest to justify the
holding of a public hearing by the commission prior to
action being taken on the tentative map, it may
request the director of development services to set
such hearing before council.
B. If a suspension or variance is requested.
18.12.150 City Council -Public hearing -Notice.
In the event that a public hearing is held, notice
shall be mailed to the subdivider and to the owners of
all property within 500 feet of the exterior boundaries
of the property involved at least 10 days prior to the
date of the hearing. The last known name and
address of each owner as shown on the records of
the county assessor may be used for the
aforementioned notice. In the coastal zone, notice
shall be given at least 10 calendar days before the
public hearing of the time, date, and place of such
hearing, including a general description of the area to
be affected, and the street address, if any, of the
property involved. Said notice shall be published at
least once in a newspaper of general circulation in the
city. In addition, notice of the hearing shall be given
by mail or delivery to all persons, including
businesses, corporations, or other public and private
entities, shown on the last equalized assessment roll
as owning real property within 500 feet of the property
that is the subject of the proposed change, as well as
all residents within 100 feet of the property which is
the subject of the proposed change, the California
Coastal Commission, and any person who has filed a
written request with the city clerk or secretary of the
redevelopment agency. Such a request may be
submitted at any time during the calendar year and
shall apply for the balance of the calendar year. A
reasonable fee may be imposed on persons
requesting such notice for purpose of recovering the
cost of such mailing. Substantial compliance with
these provisions shall be sufficient, and technical
failure to comply shall not affect the validity of any
action taken pursuant to the procedures of this
chapter or the certified local coastal program. (Ord.
2100 § 1, 1985).
18.12.160 City clerk -Notice of determination.
The city clerk shall notify the subdivider, in writing,
of the action taken by the council. In the coastal zone,
the city clerk shall provide notice within seven
calendar days of the final decision on the application
for a tentative map. Such notice shall include
conditions of approval, if any, written findings to
support the decision, and the procedures for filing an
appeal to the Coastal Commission, if applicable, and
shall be sent by first class mail to the subdivider, the
Coastal Commission, and any person who specifically
requested notice of final decisions on subdivision
applications. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.205 (7)).
18.12.170 Filing of approved or conditionally
approved maps.
One copy of the map and accompanying data,
together with the commission's report and a record of
the council's action with conditions of approval, if any,
shall be filed in the office of the city clerk and retained
until recordation of the final map or maps
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encompassing the total area included in the tentative
map. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.207).
18.12.180 Expiration of tentative map.
The approved or conditionally approved tentative
map shall expire in 36 months in accordance with the
total authorized period of the present, or as-amended
requirements of Section 66452.6 of the Map act,
unless it is extended in accordance with the
provisions of section 18.12.180. Within such time
period or the period of any extension thereof, the
subdivider may cause a final map to be prepared and
submitted to the city engineer for approval or
disapproval in accordance with the tentative map as
approved or conditionally approved and in
accordance with the Map act and the provisions of
this title.
18.12.190 Extension of tentative map -
Application and hearing.
The subdivider may request an extension of the
approved or conditionally approved tentative map by
written application to the director of development
services. Such application shall be filed at least 30,
and not more than 90, calendar days before the
approval or conditional approval is due to expire. The
application shall state the reasons for the requested
extension. The director of development services shall
determine whether a public hearing is required based
on changing conditions in the area. After conducting a
public hearing or reviewing the requested extension,
the council may approve or deny the requested.
extension. An extension shall not exceed 24 months
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as provided in Section 66452.6(e) of the Map act..
(Ord. 2790, 1999; Ord. 2100 § 1, 1985; Ord. 2008 § 1,
1982; Ord. 1369, 1971; prior code § 28.208).
Chapter 18.13
VESTING TENTATIVE MAPS
Sections:
18.13.010 Authority.
18.13.020 Filing and processing.
18.13.030 Rights conferred.
18.13.040 Consistency with zoning and general plan.
18.13.050 Expiration of rights conferred.
18.13.060 Extension of time.
18.13.010 Authority.
This chapter is enacted pursuant to the authority
granted by .Chapter 4.5 (commencing with Section
66498.1) of Division 2 of Title 7 of the Government
Code of the state of California -Subdivision Map Act,
and is intended to implement the provisions of that
chapter. (Ord. 2134 § 3, 1985).
18.13.020 Filing and processing.
A. Whenever this title requires the filing of a
tentative map for a residential development, the
subdivider may file and have processed a vesting
tentative map in the same manner and subject to the
same requirements as a tentative map, except as
provided in this chapter.
B. At the time a vesting tentative map is filed, it
shall have printed conspicuously on its face "vesting
tentative map."
C. In addition to the other information required by
this title to be shown on or provided with a tentative
map, a vesting tentative map shall show or be
accompanied by the following information in a form
satisfactory to the director of development services
and the city engineer:
1. The height, bulk and location of proposed
buildings.
2. The design and specifications of all public
facilities including, but not limited to, on- and off-site
sewer, water, drainage, roads, and other
improvements. The subdivider shall submit detailed
geological, drainage, flood control, soils, traffic, or
other reports deemed necessary by the city engineer
or the director of development services to permit
complete review of the design and improvements for
o the subdivision. The subdivider, for subdivisions over
,~, five units, shall also submit a fiscal impact report
a, prepared by an independent economic analyst,
analyzing the projected impacts the development will
have on services; the report shall include marketing
information and a cost benefit analysis for the project.
3. Detailed final grading plans showing existing
and proposed finished grades at two-foot intervals.
4. Information on the uses to which the buildings
will be put and general architectural renderings of the
buildings.
5. Detailed landscape plans.
D. Notwithstanding any other provisions of this
code to the contrary, all vesting tentative maps,
regardless of the number of lots, shall be considered
by the council after a report and recommendation by
the commission.
E. A vesting tentative map shall not be approved or
conditionally approved unless the council finds on the
basis of studies and reports submitted by the
subdivider that all public facilities necessary to serve
the subdivision or mitigate any impacts created by the
subdivision will be available for the entire time that the
vesting tentative map is valid, plus any time during
which the rights conferred by CVMC 18.13.030 exist.
(Ord. 2134 § 3, 1985).
18.13.030 Rights conferred.
A. Approval or conditional approval of a vesting
tentative map shall confer a right to proceed with
residential development in substantial compliance
with the ordinances, policies and standards described
in Section 66474.2 of the Government Code.
However, if Section 66474.2 is repealed, the approval
shall confer a vested right to proceed with
development in substantial compliance with the
ordinances, policies and standards in effect at the
time the vesting tentative map was approved or
conditionally approved. Any disputes whether a
development substantially complies with the approved
or conditionally approved map, or with ordinances,
policies or standards described in this subsection,
shall be resolved by the council.
B. Notwithstanding subsection (A) of this section,
the permit or entitlement for development may be
conditionally approved or denied if at the time of the
issuance of the permit approval or entitlement, it is
determined by the issuing authority or the council on
appeal that:
1. A failure to condition or deny the permit or
entitlement would place the residents of the
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subdivision or of the immediate community or both in
a condition dangerous to their health or safety; or
2. The condition or denial is required in order to
comply with state or federal law.
C. Notwithstanding subsection (A) of this section,
the amount of any fees which are required to be paid
either as a condition of the map approval or by
operation of any law shall be determined by
application of the law or policy in effect at the time the
fee is paid: The amounts of the fees are not vested
upon approval of the vesting tentative map. (Ord.
2134 § 3, 1985).
18.13.040 Consistency with zoning and general
plan.
° No vesting tentative map shall be approved if the
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ro proposed map or the design or improvement of the
proposed development is not cohsistent with the
applicable general, specific or master plans or with
applicable provisions of CVMC Title 19. If
development of the project for which a vesting
tentative map requires any permits or approvals
pursuant to CVMC Title 19, those permits or approval
shall be processed concurrently with the vesting
tentative map. A vesting tentative map shall not be
approved if all other discretionary permits or
approvals have not been approved either prior to or
concurrently with the approval of the map. (Ord. 2134
§ 3, 1985).
18.13.050 Expiration of rights conferred.
Unless extended pursuant to section 18.13.060, a
vesting tentative map shall expire one year from the
date of approval or conditional approval, and all rights
conferred by this section shall cease and the project
shall be considered as the same as any subdivision
which was not processed pursuant to this chapter if:
1. A final map is not approved prior to the expiration
of the vesting tentative map.
2. The applicant has requested, and the city has
approved, a change in the type, density, bulk or
design of the development unless an amendment to
the vesting tentative map has been approved.
18.13.060 Extension of time.
A. Upon the filing of a final map for a vesting
tentative map, the rights conferred by section
18.13.030(A) of this chapter shall continue for one
year. Where several final maps are recorded on
various phases of a project covered by a single
vesting tentative map, this period shall begin for each
phase when the final map for that phase is recorded.
B. The time period set forth in subsection (A) of this
section shall be automatically extended by any time
used for processing a complete application for a
grading permit if such processing exceeds 30 days
from the date a complete application is accepted.
C. The subdivider may apply to the council for a
one-year extension of the time period set forth in
subsection (A) of this section at any time before such
time period expires. An extension may be granted
only if the council finds that the map still complies with
the requirements of this chapter. The city council may
approve, conditionally approve, or deny the extension
in its sole discretion.
D. If the subdivider submits a complete application
for a building permit during the periods of time set
forth in subsections (A) through (C) of this section, the
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rights referred to therein shall continue until the
expiration of that building permit or any extension of
that permit.
E. Notwithstanding any provisions of this code to
the contrary, the time for filing a final map for a
vesting tentative map shall not be extended. Failure to
file a final map within the time period established by
this code for vesting tentative maps shall terminate all
proceedings, and no final map for all or any part of the
property included within the vesting tentative map
shall be filed without first processing a new map
pursuant to this title.
Chapter 18.16
FINAL MAPS*
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o Sections:
w 18.16:010 Filing -Fees.
o, 18.16.020 Filing - Number of copies.
18.16.030 Filing -Deadline.
18.16.040 Filing -Map preparation -Qualifications.
18.16.050 Filing -Map preparation -Compliance.
18.16.060 Filing -Map preparation - Monumentation.
18.16.070 Filing -Documents required -Generally.
18.16.080 Filing -Documents required -Closures.
18.16.090 Filing -Documents required -Grading
plans.
18.16.100 Filing - Documents required -
Improvement plans.
18.16.110 Filing -Documents required -Design data.
18.16.120 Filing -Documents required -Report and
guarantee of clear title.
18.16.130 Filing -Documents required -Title sheet.
18.16.140 Filing -Documents required -Certificates
and documents regarding taxes and
assessments.
18.16.150 Initial review - Examination and
determination.
18.16.160 Post review - Engineer's estimate of
improvement costs -Contents -Scope.
18.16.170 Approval -Prerequisites -Notice.
18.16.180 Approval -Prerequisites -Completion of
improvements.
18.16.190 Approval -Prerequisites -Documents and
signatures.
18.16.200 Approval -Prerequisites -Payment of
fees.
18.16.210 Approval - Timeframe.
18.16.220 Approval -Appeal.
18.16.230 Approval -Review of authority.
18.16:240 Action following approval -Recordation.
18.16.250 Amending of final maps.
18.16.260 Required easements to be shown for
subsequent purchasers.
18.16.270 Abandonment of public easements.
For statutory provisions regarding form and content
of final maps, see California Government Code
& 66410.
18.16.010 Filing -Fees.
Upon the filing of a final map, fees shall be paid in
accordance with CVMC sections 18.28.020 through
18.28.090.
18.16.020 Filing -Number of Copies.
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Six blue-line or black-line prints of the final map and
such other copies as may be required for checking
and approval shall be submitted to the city engineer.
18.16.030 Filing -Deadline.
A final map of the subdivision or any unit thereof
shown in the approved tentative map, shall be filed
wiithin 36 months after approval of the tentative map,
or an extension of said approval.
18.16.040 Filing - Map preparation -
Qualifications.
The subdivision or any unit thereof shown in the
tentative map shall be surveyed and the final map
thereof prepared by a registered civil engineer or
° licensed surveyor, in conformation with the tentative
w map as approved or conditionally.
18.16.050 Filing -Map preparation -Compliance.
The final map shall conform in size, material, scale
and content with the requirements as set forth in the
subdivision manual and with the requirements set
forth in this chapter.
18.16.060 Filing - Map preparation -
Monumentation.
Monumentation shall conform with the requirements
as set forth in the subdivision manual, and the map
shall show fully and clearly what monuments have
been or are to be set.
18.16.070 Filing -Documents required -
generally.
At the time of submitting the final map to the city
engineer, the subdivider shall submit therewith the
documents listed in CVMC 18.16.080 through
18.16.140. The final map shall not be considered as
filed until all documents listed are completed and
submitted except as specifically noted. (Ord. 2100
§ 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.302).
18.16.080 Filing -Documents required -Closures.
Closures of the various lots and blocks, in number
and in form approved by the city engineer, shall
accompany a closure of the subdivision boundary.
(Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code
§ 28.302(1)).
18.16.090 Filing -Documents required -Grading
plans.
Detailed plans; soil reports, geologic reports and
other data shall be included if required under_ the
grading ordinance of the city. In the coastal zone,
detailed grading plans, soil reports, liquefaction
reports, geologic reports, and other data required by
the certified local coastal program shall be included at
the time of submittal of the final map to the city
engineer. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971;
prior code § 28.302(2)).
18.16.100 Filing -Documents required -
Improvement plans.
Detailed plans, cross-sections, profiles and
specifications in the number specified by the ,city
engineer of the improvements to be installed as
required by the provisions of this chapter and by the
standard specifications, and of all other improvements
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proposed to be installed by the subdivider in, on, over
or under any street right-of-way, easement or parcel
of land dedicated by the map or previously dedicated,
shall be included. All such plans shall be prepared in
accordance with the requirements of the city
engineer. (Ord. 2100 § 1, 1985; Ord. 1389 § 2, 1971;
prior code § 28.302(3)).
18.16.110 Filing -Documents required -Design
data.
Complete design data, assumptions and
computations, in accordance with sound engineering
practice, shall be submitted to substantiate hydraulic
and structural designs. (Ord. 2100 § 1, 1985; Ord.
1369 § 2, 1971; prior code § 28.302(4)).
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0 18.16.120 Filing -Documents required -Report
~, and guarantee of clear title.
o A. The final map shall be accompanied by a report,
prepared by a duly authorized title company, naming
the persons whose consent is necessary to the
preparation and recordation of said map and to the
dedication of the streets, alleys and other public
places and environmentally sensitive habitat areas
shown on the map and certifying that, as of the date
of the preparation of the report, the persons therein
named are all the persons necessary to give clear title
to said subdivision.
B. In addition to the certificate required
hereinabove, a subdivision guarantee shall be
prepared and filed with the city engineer from a title
company which guarantees that the parties named
therein are the only parties having any record title
interest in the land subdivided.
C. The owner's certificate shall bear the signatures
of all parties owning any record title interest in the
land subdivided, except those which have been
omitted pursuant to Section 66436(a) of the Map act.
D. In addition to the subdivision title guarantee
provided for herein, evidence satisfactory to the city
attorney shall be submitted prior to the approval by
the city of the final map showing that title insurance
has or will be issued covering the property subject of
the map. (Ord. 2100 § 1, 1985; Ord. 1391 § 1, 1972;
Ord. 1369 § 2, 1971; prior code § 28.302(5)).
18.16.130 Filing -Documents required -Title
sheet.
A fully executed title sheet by all parties having
record title interest may be submitted no less than 10
days prior to city the city engineer's consideration of
the final map. (Ord. 2100 § 1, 1985; Ord. 1369 § 2,
1971; prior code § 28.302(6)).
18.16.140 Filing -Documents required -
Certificates and documents regarding taxes and
assessments.
Prior to the filing of the final map with the city
engineer, the subdivider shall file the certificates and
documents set forth in Chapter 4, Article 8 of the
State Subdivision Map Act or any amendments
thereto relating to taxes and assessments. (Ord. 2100
§ 1, 1985; Ord: 1369 § 2, 1971; prior code § 28.305).
18.16.150 Initial Review -Examination and
determination.
Upon receipt of the final map and other data
submitted therewith, the city engineer shall refer said
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map and data to the appropriate departments, which
shall examine them to determine:
A. That the subdivision as shown is substantially
the same as it appeared on the approved tentative
map, and any approved alterations thereof;
B. That all provisions of law and of this chapter
applicable at the time of approval of the tentative map
have been complied with; and
C. That the map is technically correct.
If the city engineer, upon review of reports by other
departments, so determines the above criteria, he
shall certify thereto on said map. If the city engineer
does not so determine, he shall advise the subdivider
of the changes or additions necessary to enable him
to make such determination, and shall afford the
subdivider an opportunity to make such changes or
additions.. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971;
prior code § 28.307).
18.16.160 Post review -Engineer's estimate of
improvement costs -Contents -Scope.
The subdivider's engineer shall prepare and file a
detailed cost estimate approved by the city engineer
and an estimate of time reasonably necessary to
complete the same. Subdivider's engineer's estimate
of improvement costs shall include all public
improvements within and immediately adjacent to the
proposed subdivision, and shall include all grading
and slope planting costs unless such work is to be
performed under separate grading permit. The
estimate shall be submitted following the initial review
of the final map and improvement plans by the city.
18.16.170 Approval -Prerequisites -Notice.
Pursuant to Government Code 66458(d) the city
engineer shall notify council at its next regular
meeting after the city engineer receives an
approvable final map package that the final map is
being reviewed for final approval. The city clerk shall
notice any final maps under final review on the city
council agenda and shall notify any interested parties
who have requested notice.
18.16.180 Approval -Prerequisites -Completion
of improvements.
Prior to the approval of a final map, subdivider shall
have completed all improvements and satisfied all
conditions imposed as conditions of approval under
the provisions of this chapter or by law required for
such subdivision. In the event that all improvements
required or conditions imposed are not completed
before the filing of the final map, the subdivider shall
enter into a subdivision improvement agreement with
the city engineer, guarantying the~~ installation of
improvements in conformance with the tentative map
and approved plans and specifications. The
subdivision improvement agreement shall be secured
by bonds, deposit, instrument of credit, or alternative
form of security in the amount and type identified in
Section 18.17.040 through 18.17.090, which security
shall be approved by the City Attorney as to form and
the city engineer as to sufficiency.
18.16.190 Approval - Prerequisites -
Documents and signatures. All signatures, except
those of the city clerk, city attorney, clerk of the board
of supervisors and the county recorder shall be
affixed to the title sheet prior to the city engineer's
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signature on the final map. The abstract of title or
chain of title may be required by the city engineer
prior to approval of the final map. The bond and
agreement provided for in this section shall be filed
with the city engineer prior to approval of the final
map.
18.16.200 Approval -Prerequisites -Payment of
fees.
No final map shall be approved until all water,
sewer or other charges established by the master fee
schedule and pertaining to the property being
subdivided have been paid.
18.16.210 Approval - Timeframe.
The director of development services and the city
o engineer, and a registered land surveyor if the city
,~, engineer was registered in the state of California later
,`; than 1982, shall approve or disapprove said map
within 10 days of the date council was noticed that the
final map was under review for final approval pursuant
to 66458(d) of the map act, unless the time for taking
action shall have been extended by mutual consent of
the city engineer and the subdivider.
18.16.220 Approval -Appeal.
The decision of the director of development
services' and the city engineer's decision may be
appealed to the council within 10 business days of the
date council was noticed that the final map was under
review for final approval. Within 30 days of the filing
of a valid application for appeal the council shall hear
the matter at a regularly scheduled meeting.
18.16.230 Approval -Review of Authority.
The city council shall periodically review the
delegation of authority to the city engineer to approve
final maps.
18.16.240 Action following approval -
Recordation.
Upon approval by the city engineer of the final map,
and receipt of the necessary recording fee, the city
clerk shall cause the map to be transmitted to the
county recorder. No final map shall have any force or
effect, and no title to any property described in any
offer of dedication thereon shall pass, until
recordation of the final map. The subdivider shall
present to the recorder evidence that, upon the date
of recording as shown by public records, the parties
consenting to the recordation of the map are all the
patties having a record title interest in the land
subdivided, whose signatures are required by the
provisions Map act; otherwise the rrlap will not be
recorded. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971;
prior code § 28.309).
18.16.250 Amending of Final Maps
To the extent consistent with other provisions of this
Code, and pursuant to Government Code section
66472.1, amending maps may be filed only if all of the
following are satisfied:
A. changes in circumstances make any or all of the
conditions of the map no longer appropriate or
necessary.
B. The modifications do not impose any additional
burden on the fee owners of the real property.
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C. The modifications do not alter any right, title or
interest in the real property reflected on the recorded
map.
D. The map conforms to Section 66474 of the
Government Code.
18.16.260 Required easements to be shown for
subsequent purchasers.
In the event a private access road or drainage or
utility easement for the use of subsequent purchasers
is required within the boundaries of the land to be
divided, pursuant to the provisions of this chapter,
said easements shall be delineated on the final map,
and said easements as delineated shall be conveyed
to subsequent purchasers of the parcels created.
Said easements shall be shown on the final map by
a dashed line and a notation that the area so
delineated represents a future easement to be
conveyed to subsequent purchasers pursuant to
Government Code 65870 and the requirements of this
section.
18.16.270 Abandonment of public easements.
Maps approved by the city engineer with
abandonment certificates by the City clerk pursuant to
Section 66434(8) and 66499.201/2 of the government
code shall constitute the abandonment of such
easements upon the filing of the final map with the
County Recorder.
Chapter 18.17
CONSTRUCTION OF IMPROVEMENTS
Sections:
18.17.010 Construction prerequisites -Requirements
generally.
18.17.020 Construction prerequisites -Soils report.
18.17.030 Construction prerequisites -Subdivision
improvement agreement.
18.17.040 Construction prerequisites -Security -
Generally.
18.17.050 Construction prerequisites -Security -
Bonds.
18.17.060 Construction prerequisites -Security -
Cash deposits.
18.17.070 Construction prerequisites -Security -
Instruments of credit.
18.17.080 Construction prerequisites -Security -
Otherforms.
18.17.090 Construction prerequisites -Security -
Unapproved plans.
18.17.100 Construction prerequisites - .Security -
Posting required prior to endorsement.
18.17.110 Construction prerequisites -Security -
Applicability to parcel maps.
18.17.120 Work prior to improvement agreement -
Construction permit required.
18.17.130 Security -Progress payments.
18.17.140 Security -Release of surety.
18.17.150 Security -Forfeiture of surety -Liability of
subdivider when.
18.17.160 Security -Maintenance bond required.
18.17.170 Security -Required by reason other than
subdivision of land -Applicability of this
chapter.
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18.17.010 Construction prerequisites -
Requirements generally.
Prior to any construction of improvements and/or
land development required, the subdivider shall have
complied with and performed the following
requirements, set forth in CVMC 18.17.020 through
18.17.120. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971;
prior code § 28.312).
18.17.020 Construction prerequisites -Soil report.
The city may require the subdivider to file detailed
soil reports which shall be approved by the city
engineer prior to commencement of any work. (Ord.
2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code
§ 28.312(A)).
18.17.030 Construction prerequisites -
Subdivision improvement agreement.
In the event that the subdivider has not completed
the improvements prior to the filing and approval of
the final map, in accordance with section chapter
18.16.180, the subdivider shall have entered into a
subdivision improvement agreement, secured in the
manner identified in this chapter, which agreement
shall require the subdivider to make, .install and
complete within a time fixed, but in no case more than
two years from the date of execution of said
agreement, all improvements and/or land
development in accordance with approved plans. In
the coastal zone, all required public facility
improvements, resource restoration, or resource
enhancement shall be implemented to the maximum
extent feasible either prior to or concurrently with the
approved subdivision development. (Ord. 2100 § 1,
1985; Ord. 1369 § 2, 1971; prior code § 28.312(8)).
18.17.040 Construction prerequisites -Security
arrangements -Generally.
The subdivider shall file surety to guarantee
completion of improvements in the amount and type
identified in section 18.17.050, 18.17.060, 18.17.070,
18.17.080, or 18.17.090 as deemed appropriate by
the city.
18.17.050 Construction prerequisites -Security -
Bonds.
Bonds shall be executed by a surety company
authorized to transact a surety business in California,
and shall be approved as to form by the city attorney,
and shall include:
A. A faithful performance bond in an amount
deemed sufficient by the city engineer to cover up to
50 percent of the total cost of all required on-site and
adjacent off-site improvements including 25 percent of
grading and slope planting expenses as applicable.
B. A labor and material bond in a like amount.
C. A monumentation bond in an amount stipulated
by the subdivider's engineer to cover the cost of
placing lot corners and other related monuments.
D. If a separate landscape and irrigation bond is
provided for the project, the amount of the bond shall
be in an amount deemed sufficient by the city
engineer to cover up to 50 percent of the planting and
irrigation.
18.17.060 Construction prerequisites -Security
-Cash deposits.
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In lieu of the faithful performance and labor and
material bonds, the subdivider may submit cash
deposits under the conditions hereinafter described.
Total cash deposit surety shall include:
A. A faithful performance cash deposit in an amount
deemed sufficient by the city engineer to cover 50
percent of the total cost of all required on-site and
adjacent off-site improvements including 25 percent of
grading and slope planting expenses as applicable.
B. A labor and material cash deposit in a like
amount.
C. A monumentation cash deposit in an amount
stipulated by the subdivider's engineer to cover the
cost of placing lot corners and other related
monuments. Upon approval by the city engineer of
the required monument-setting work, and upon
subdivider's request, such cash deposit may be
released as payment directly to the engineer or
surveyor performing such work.
Disbursements from cash deposits shall be made in
accordance with a separate agreement between the
subdivider and the city. The required bookkeeping
fee(s) shall be submitted with each such bond.
Disbursements from a cash deposit filed with an
approved escrow agency shall be made in
accordance with a separate agreement between the
subdivider and the city. Disbursements from a cash
deposit in any instance shall not be permitted unless
and until authorized in writing by both the subdivider
and the city engineer.
18.17.070 Construction prerequisites -Security -
Instruments of credit.
Instruments of Credit. In lieu of the faithful
performance and labor and material bonds or cash
deposits, the subdivider may submit instruments of
credit under the conditions hereinafter described:
A. Such instruments of credit shall be issued by a
financial institution subject to regulation by the state
or federal government.
B. They shall be in a form and content approved by
the city attorney.
C. They shall pledge that the funds necessary to
meet the performance are on deposit, that they are
gauranteed for payment, that the city. can draw on
demand, and that they shall become trust funds for
the purposes set forth in the instrument.
D. They shall be accompanied by the following:
1. A current statement of assets
2. A resolution of the board of directors of the
responsible organization authorizing the issuance and
the amount of the letter.
3. A statement setting forth the date upon which
the responsible organization was established.
E. The amounts and types of the Instruments of
credit shall be as follows:
1. Faithful performance instrument of credit in an
amount deemed sufficient by the city engineer to
cover 50 percent of the total cost of all required on-
site and adjacent off-site improvements including 25
percent of grading and slope planting expenses as
applicable.
2. A labor and material instrument of credit in a
like amount.
3. A monumentation instrument of credit in an
amount stipulated by the subdivider's engineer to
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cover the cost of placing lot corners and other related
monuments.
18.17.080 Construction prerequisites -Security -
Other forms.
Alternative forms of security may be acceptable;
provided, that:
A. In the determination of the city engineer, the
costs of completing the improvements being secured
for a project do not exceed $5,000,000.
B. In the determination of the finance director, the
proposed security is backed by a guarantee and/or
pledged assets with a net value equal to at least 50
times the estimated cost of the improvements being
secured.
C. In the determination of the city attorney, there
exists adequate remedies to access such security in
the event that the party obligated to construct such
improvements defaults on such obligation.
D. The form of such security and the terms and
conditions upon which such security may be accepted
are subject to the approval of the city attorney and the
city engineer. Such conditions shall include, at a
minimum:
1. The right of the city to require that conventional
replacement security be submitted for any
uncompleted secured improvements at the time a
certificate of occupancy is issued for the project.
2. Developer's agreement to pay the city's
attorneys' fees and costs if the city must enforce its
remedies under the alternative security arrangement.
18.17.090 Construction prerequisites -Security -
Unapproved plans.
Notwithstanding the sections 18.17.040 through
18.17.080, bonds or securities for improvements or
grading that do not have approved plans shall be
150% of the aforementioned amounts; bonds or
securities for improvements or grading for which there
are no plans shall be 200% of the aforementioned
amounts. (Ord. 2625 § 1, 1995; Ord. 2100 § 1, 1985;
Ord. 1369 § 2, 1971; prior code § 28.312 (C)).
18.17.100 Construction prerequisites -Security -
Posting required prior to endorsement.
The city clerk and city attorney shall not endorse or
sign their respective certificates contained on the final
map unless and until improvement security as
hereinabove specified has been posted. (Ord. 2100
§ 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.312
(C)(4)).
18.17.110 Construction prerequisites -Security -
Applicability to parcel maps.
The security requirements identified in this chapter
are applicable to any parcel map for which the
installation of any public improvements or grading is a
condition of approval. (Ord. 2100 § 1, 1985; Ord.
1369 § 2, 1971; prior code § 28.312(C)(5)).
18.17.120 Work prior to improvement agreement-
Construction permit required.
Should the subdivider desire to do certain work
prior to entering into an agreement with the city to
install and complete all subdivision improvements and
land development work, he may make an application
to do so under a construction permit. An application
for such permit shall be accompanied by detailed
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plans describing the work which is proposed. The city
engineer may issue the construction permit to the
subdivider or his contractor upon application of the
applicant; provided, a bond has been posted in an
amount which would assure the rehabilitation of the
land, including grading and planting, in the event the
subdivision map does not record. The performance
bond and contractor's qualifications shall be as
provided in this code.
A. When such a construction permit is for all work
required in connection with the subdivision and the
work has been completed, the agreement identified in
CVMC 18.16.180 will not be required.
B. This section shall not apply in the coastal zone.
(Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code
§ 28.313).
18.17.130 Security -Progress payments.
As construction of improvements progresses, the
city may make progress payments to the subdivider
from any deposited money or instrument of credit
which the subdivider may have made in lieu of
providing a surety bond; provided, however, that no
such progress payment shall be made for more than
90 percent of the value of any installment of work; and
provided, that the aggregate amount thus paid is not
in excess of 50 percent of the total amount posted as
improvement security. No progress payments from
cash deposits shall be made except upon joint
certification by the city engineer and the subdivider
that work covered thereby has been completed. (Ord.
2100 § 1, 1985; Ord. 1369 § 2, 1971; prior code
§ 28.314(1)).
18.17.140 Security -Release of surety.
A. Improvement security given for faithful
pertormance of the agreement shall be released upon
the performance of the act secured or final completion
and acceptance of the required work.
Notwithstanding the foregoing, the Director of Public
Works may approve the partial release of the faithful
pertormance security after the completion of all
improvements in accordance with approved plans, to
the satisfaction of the City Inspector in an amount not
to exceed seventy-five percent of the dollar amount of
the original security for faithful performance, provided
the remaining balance of such security for faithful
performance equals or exceeds the estimated cost,
as determined by the Director of Public Works, in his
sole discretion, to complete the outstanding work
required under the Subdivision Improvement
Agreement and/or any Supplemental Subdivision
Improvement Agreement.
B. The 50 percent labor and material bond shall
be retained to secure payment to the contractor, his
subcontractors and to persons renting equipment or
furnishing labor or material for 35 days after
completion and acceptance of the work. Following
such 35-day period, this labor and material security
may be reduced to an amount not less than the total
of all claims on which an action has been filed and
notice thereof given in writing to the city.
(Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971; prior
code § 28.314(2)).
18.17.150 Security -Forfeiture of surety -Liability
of subdivider when.
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In the event the subdivider fails to complete all
improvement work in accordance with the provisions
of this chapter and the improvement agreement, and
the city shall have to complete same, the city shall call
on the surety for reimbursement or shall appropriate
from any cash deposit funds for reimbursement. If the
amount of the surety bond, cash deposit or instrument
of credit exceeds all costs and expenses incurred by
the city, it shall release the remainder of such bond,
cash deposit or instrument of credit, and if the amount
of the surety bond, cash deposit or instrument of
credit shall be less than the cost and expense
incurred by the city, the subdivider shall be liable to
the city for such difference. (Ord. 2100 § 1, 1985; Ord.
1369 § 2, 1971; prior code § 28.314(3)).
0 18.17.160 Security -Maintenance bond required.
,~ The subdivider shall guarantee all public
~ improvements for a period of one year from the date
of final acceptance and shall correct any and all
defects or deficiencies arising during said period as a
result of the acts or omissions of the subdivider, his
agents or employees. The subdivision guarantee shall
be backed by a bond or cash deposit in the amount of
15 percent of the surety posted for improvements.
The city shall provide written notice of the defect or
deficiency. In any instance where the subdivider fails
to take action within the specified time, or when
immediate action is required to protect the public
health, safety and/or welfare, the city may cause the
work to be performed and call on the surety for
reimbursement. The maintenance bond shall be
submitted prior to final acceptance by city. In the
coastal zone, the maintenance bond shall guarantee
all public improvements, including such habitat
restoration or enhancement work as is required by the
certified local coastal program, for a period of one
year from the date of final acceptance or until the
habitat restoration or enhancement has permanently
established itself, whichever is greater. (Ord. 2100
§ 1, 1985; Ord. 1369 § 2, 1971; prior code
§ 28.314(4)).
18.17.170 Security -Required by reason other
than subdivision of land -Applicability of this
chapter.
To the extent consistent with other applicable
provisions of this code, and all other applicable laws
or regulations, the standards for performance,
security obligations, and other requirements set forth
in this chapter with respect to subdivision
improvements shall also apply, under circumstances
approved by the city attorney and the city engineer, to
any and all other work or improvements constructed
within the city requiring completion guaranties in favor
of the city. (Ord. 2625 § 3, 1995).
Chapter 18.18
TENTATIVE PARCEL MAPS
Sections:
18.18.010Tentative parcel maps -Generally.
18.18.020 Application -Fee.
18.18.030Application -Documents required.
18.18.040 Approval - Timeframe.
18.18.050 Approval -Prerequisite -Notice.
18.18.060 Approval -Findings required.
18.18.070 Approval -Certification.
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18.18.080 Grounds for disapproval.
18.18.090 Appeals -Procedure.
18.18.100 Appeals -Modification authority.
18.18.110 Waiver -Procedure.
18.18.120 Waiver -Appeal.
18.18.010 Tentative parcel maps -Generally.
The provisions contained herein shall require the
subdivider of land to file a tentative parcel map for any
division, lot line adjustment or consolidation of land for
which a parcel map is required, which tentative parcel
map shall, in all respects, be in full compliance with
the provisions of this code. (Ord. 2100 § 1, 1985;'Ord.
1369 § 2, 1971; prior code § 28.401).
0 18.18.020Application -Fee.
,~, The applicant for a tentative parcel map shall file an
~ application with the city engineer on a form prescribed
by the city. The application. shall be accompanied by a
fee as set forth in CVMC 18.28.020 through
18.28.090, which will not be refundable, together with
sufficient copies of a tentative parcel map prepared in
accordance with the requirements set forth in the
subdivision manual. (Ord. 2100 § 1, 1985; Ord. 1369
§ 2, 1971; prior code § 28.402(A)).
18.18.030 Application -Documents required.
The following documents shall accompany the
tentative parcel map at time of submission:
A. A legal description of the original parcel or
parcels of record upon which the division or
consolidation is proposed;
B. A statement setting forth the complete name and
address of each of the owners of each original parcel
of record involved;
18.18.040 Approval - Timeframe.
Within 21 days after receipt of the tentative parcel
map the tentative parcel map shall be certified or
approved. The 21 day time period shall commence
following the certification of an environmental impact
report, the adoption of a negative declaration, or a
determination that the project is exempt from the
requirements of Division 13 (Commencing with
Section 21000) of the Public Resources Code.
18.18.050 Approval -Prerequisite -Notice.
The approval of a tentative parcel map shall be at
a noticed time and date pursuant to 66451.3 of the
map act. Notice shall be provided to the affected
properties within a_ 500' radius that the proposed
tentative parcel map is under consideration by the
director of development services and the city
engineer, or their designees.
18.18.060 Approval -Findings.
No tentative parcel map shall be either approved
or deemed approved unless:
A. City engineer has made an express finding that
the project is consistent with the general plan.
B. The project meets all the requirements of the
local coastal program (for those projects within the
local coastal zone). (Ord. 2100 § 1, 1985; Ord. 1369
§ 2, 1971; prior code § 28.403).
18.18.070 Approval -Certification.
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A tentative parcel map shall be approved or
deemed approved if either:
A. The city engineer determines that the tentative
parcel map meets the requirements of this chapter. If
he so determines, he shall certify to this fact on the
face of the tentative parcel map.
B. The 21 time period for approval has passed and
the tentative parcel map meeting all of the
requirements of this chapter has not been approved,
in which case, it shall be deemed approved in
accordance with the Permit Streamlining Act (§65920
et. seq), and the city clerk shall so certify.
An approved tentative map shall be valid for 3
years following the date of approval, unless extended
pursuant to section 18.18.130.
18.18.080 Tentative Parcel map -Grounds for
disapproval.
The city engineer may disapprove any tentative
parcel map which is sought to, be submitted as a
parcel map for any of the following reasons:
A. When the land involved is subject to flooding,
sliding, slipping or other similar hazards as
determined by the city engineer.
B. When said map does not conform substantially
in its purpose and design to the general plan or any of
the various elements thereof, or to any community,
precise or specific plans which have been approved
by the commission and council.
C. When the city engineer finds that the public
health, safety or welfare justifies such action.
D. In the coastal zone, when said map does not
conform in its purpose and design to the certified local
coastal program. (Ord. 2100 § 1, 1985; Ord. 1369 § 2,
1971; prior code § 28.405).
18.18.090 Appeals from determinations -
Procedure.
In the event that the applicant or any interested
party is dissatisfied with any determination of the city
engineer as to whether the property division qualifies
as a parcel map division, or as to any requirements or
conditions which they seek to impose, then the
applicant may appeal to the council by filing a
statement in writing with the director of development
services stating the reasons for appeal within 10
business days following the determination. The matter
shall be placed on the council agenda and heard
within 30 days of receipt of a valid application for
appeal. (Ord. 2100 § 1, 1985; Ord. 1369 § 2, 1971;
prior code §28.406).
18.18.100 Appeal -Modification authority.
Subject to the requirements of this chapter, the
council may affirm, reverse or modify any
determination of the city engineer with respect to the
tentative parcel map. In the coastal zone, subject to
the requirements of the certified local coastal program
and this chapter, the council may affirm, revise, or
modify any determination of the city engineer with
respect to the tentative parcel map. Notice of a final
decision by the council shall be provided to the
applicant, Coastal Commission, and any known
interested person as provided in this code. (Ord. 2100
§ 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.407).
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18.18.110 Tentative parcel map - Waiver -
Procedure.
The city engineer may waive the requirement of a
tentative parcel map provided a 10 day notice is given
to all properties within a 500' radius of the subject
property of the time and date of the administrative
hearing therefore.
18.18.120 Tentative Parcel Map -Waiver -Appeal
All interested parties are provided the opportunity to
appeal the decision within 10 business days of
decision of the city engineer. The appeal shall be
heard within 30 days of filing a vaild application for
appeal by the council. Any application for a tentative
parcel map waiver shall be filed as outlined in the
Subdivision Manual.
18.18.130 Tentative Parcel map -Extension of
approval
Upon application, an extension of the approval of
the tentative parcel map, both within the coastal zone
and otherwise, not to exceed five years, may be
granted by the commission. Notice of the decision
shall be provided to the applicant, the Coastal
Commission for tentative parcel maps within the
Coastal Zone, and any known interested person as
provided in this code. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.408).
Chapter 18.19
VESTING TENTATIVE PARCEL MAPS
Sections:
18.19.010 Authority.
18.19.020 Filing and processing.
18.19.030 Rights conferred.
18.19.040 Consistency with zoning and general plan.
18.19.010 Authority.
This chapter is enacted pursuant to the authority
granted by Chapter 4.5 (commencing with Section
66498.1) of Division 2 of Title 7 of the Government
Code of the state of California -Subdivision Map Act,
and is intended to implement the provisions of that
chapter. (Ord. 2134 § 3, 1985).
18.19.020 Filing and processing.
A. Whenever this title requires the filing of a
tentative parcel map for a residential development,
the subdivider may file a vesting tentative parcel map
in the same manner and subject to the same
requirements as a tentative parcel map, except as
provided in this chapter.
B. At the time a vesting tentative parcel map is filed,
the words "vesting tentative parcel map" shall appear
conspicuously on its face.
C. In addition to the other information required by
this title to be shown on tentative parcel map, a
vesting tentative parcel map shall show or be
accompanied by the following information in a form
satisfactory to the director of development services
and the city engineer:
1. The height, bulk and location of proposed
buildings.
2. The design and specifications of all public
facilities including, but not limited to, on- and off-site
sewer, water, drainage, roads, and other
improvements. The subdivider shall submit detailed
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geological, drainage, flood control, soils, traffic, or
other reports deemed necessary by the city engineer
or the director of development services to permit
complete review of the design and improvements for
the subdivision. The subdivider, for subdivisions over
five units, shall also submit a fiscal impact report
prepared by an independent economic analyst,
analyzing the projected impacts the development will
have on services; the report shall include marketing
information and a cost benefit analysis for the project.
3. Detailed final grading plans showing existing
and proposed finished grades at two-foot intervals.
4. Information on the uses to which the buildings
will be put and general architectural renderings of the
buildings.
5. Detailed landscape plans.
D. Notwithstanding any provisions of this code to
the contrary; all vesting tentative parcel maps shall be
referred to the city engineer for consideration. The
decision of the city engineer shall be final unless the
decision is appealed to the council pursuant to
applicable provisions of this code.
E. Notwithstanding any provision of this code to the
contrary, the time for filing a parcel map for a vesting
tentative parcel map shall not be extended. Failure to
file a parcel map within the time period established by
this code shall terminate all proceedings, and no
parcel map for all or any part of the property included
within the vesting tentative parcel map shall be filed
without first processing a new tentative parcel map
pursuant to this title.
F. A vesting tentative parcel map shall not be
approved or conditionally approved unless the city
engineer finds on the basis of studies and reports
submitted by the subdivider that all public facilities
necessary to serve the subdivision or mitigate any
impacts created by the subdivision will be available
for the entire time that the vesting tentative parcel
map is valid, plus any time during which the rights
conferred by CVMC 18.19.030 exist. (Ord. 2134 § 3,
1985).
18.19.030 Rights conferred.
A. Approval or conditional approval of a vesting
tentative parcel map shall confer a right to proceed
with residential development in substantial
compliance with the ordinances, policies and
standards described in Section 66474.2 of the
Government Code. However, if Section 66474.2 is
repealed, the approval shall confer a vested right to
proceed with development in substantial compliance
with the ordinances, policies and standards in effect
at the time the vesting tentative parcel map was
approved or conditionally approved.F Any disputes
whether a development substantially complies with
the approved or conditionally approved vesting
tentative parcel map, or with ordinances, policies or
standards described in this subsection, shall be
resolved by the council.
B. Notwithstanding subsection (A) of this section,
the permit or entitlement for development may be
conditionally approved or denied if at the time of the
issuance of the permit approval or entitlement, it is
determined by the issuing authority or the council on
appeal that:
1. A failure to condition or deny the permit or
entitlement would place the residents of the
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subdivision or of the immediate community or both in
a condition dangerous to their health or safety; or
2. The condition or denial is required in order to
comply with state or federal law.
C. The rights conferred by a vesting tentative parcel
map shall expire if:
1. A parcel map is not approved prior to the
expiration of the vesting tentative parcel map.
2. The applicant has requested, and the city has
approved, a change in the type, density, bulk or
design of the development unless an amendment to
the vesting tentative parcel map has been approved.
D. Upon the filing of a parcel map for a vesting
tentative parcel map, the rights conferred by
subsection (A) of this section shall continue for one
year. Where several parcel maps are recorded on
w various phases of a project covered by a single
w vesting tentative parcel map, this period shall begin
for each phase when the parcel map for that phase is
recorded.
E. The time period set forth in subsection (D) of this
section shall be automatically extended by any time
used for processing a complete application for a
grading permit if such processing exceeds 30 days
from the date a complete application is accepted.
F. The subdivider may apply to the city council for a
one-year extension of the rights conferred by
subsection (D) of this section at any time before the
time period set forth in subsection (D) expires. An
extension may be granted only if the council finds that
the map still complies with the requirements of this
chapter. The council may approve, conditionally
approve, or deny the extension in its sole discretion.
G. If the subdivider submits a complete application
for a building permit during the periods of time set
forth in subsections (D) through (F) of this section, the
rights referred to therein shall continue until the
expiration of that building permit or any extension of
that permit.
H. Upon the expiration of the time limit specified in
subsections (A), (D), (E), (F) or (G) of this section, all
rights conferred by this section shall cease and the
project shall be considered as the same as any
subdivision which was not processed pursuant to this
chapter.
I. Notwithstanding subsection (A) of this section, the
amount of any fees which are required to be paid
either as a condition of the map approval or by
operation of any law shall be determined by
application of the law or policy in effect at the time the
fee is paid. The amounts of the fees are not vested
upon approval of the vesting tentative parcel map.
(Ord. 2134 § 3, 1985).
18.19.040 Consistency with zoning and general
plan.
No vesting tentative parcel map shall be approved
if the proposed map or the design or improvement of
the proposed development is not consistent with the
applicable general, specific or master plans or with
applicable provisions of CVMC Title 19. If
development of the project for which a vesting
tentative parcel map requires any permits or
approvals pursuant to CVMC Title 19, those permits
or approval shall be processed concurrently with the
vesting tentative parcel map. A vesting tentative
parcel map shall not be approved if all other
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discretionary permits or approvals have not been
approved either prior to or concurrently with the
approval of the vesting tentative parcel map. (Ord.
2134 § 3, 1985).
Chapter 18.20
PARCEL MAPS
Sections:
18.20.010Parcel maps -Generally.
18.20.020 Filing -Application.
18.20.030Filing -Fees.
18.20.040Filing - Number of copies.
18.20.050Filing -Deadline.
18.20.060Filing -Map preparation -Qualifications.
18.20.070Filing- Map preparation -Compliance.
18.20.080 Filing -Map preparation - Monumentation.
18.20.090Filing - Map preparation - Adjacent
parcels.
18.20.100 Filing -Documents required -Generally.
18.20.110 Filing - Documents required - Legal
description.
18.20.120Filing - Documents required - Owners
statement.
18.20.130 Filing -Documents required -Closures.
18.20.140 Filing -Documents required -Consent.
18.20.150 Approval -Prerequisites -Notice.
18.20.160 Approval -Prerequisites -Completion
of Improvements.
18.20.170 Approval - Prerequisites - Setting
monuments.
18.20.180 Approval - Prerequisites - Additional
requirements.
18.20.190 Approval -Authority.
18.20.200 Approval -Certification.
18.20.210 Approval -Appeal -Procedure.
18.20.220 Approval -Appeal -Review and final
decision.
18.20.230 Action following approval -Recordation.
18.20.240 Required easements to be shown for
subsequent purchasers.
18.20.250 Abandonment of public easements.
18.20.260 Waiver of requirement for parcel map.
18.20.010 Parcel Maps -Generally.
In those instances where a tentative and final map
are not required pursuant to section 66426 of the map
act, a parcel map shall be required. A parcel map
may also be used to adjust a lot line or consolidate
land for those lot line adjustments and consolidations
identified in section 66412(d) of the map act.
18.20.020 Filing -Application.
An applicant for a parcel map shall file an
application with the city engineer on a form prescribed
by the city.
18.20.030 Filing -Fees.
Upon the filing of a parcel map, fees shall be paid in
accordance with CVMC sections 18.28.020 through
18.28.090, which fees shall not be refundable.
18.20.040 Filing -Number of copies.
The filing shall include the number of prints as
required in the Subdivision Manual, and such other
copies as may be required for the checking and
approval shall be submitted with the application.
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18.20.050 Filing -Deadline.
A parcel map shall be filed with the city engineer
within three years, or any approved extension thereof,
of the approval of the tentative parcel map.
18.20.060 Filing - Map preparation -
Qualifications.
The parcel map shall be prepared in accordance
with Section 66445 of the Map act by a registered civil
engineer licensed in the State of California prior to
1982 or licensed land surveyor and, in accordance
with the Land Surveyors Act, shall bear certificates as
prescribed in Section 66449 and 66445(1) of the Map
act (shown below), executed by the licensed surveyor
or registered civil engineer responsible for
presentation of the parcel map:
This map was prepared by me or under my
direction and is based on a field survey in
conformance with the requirements of the
State Subdivision Map Act and local ordinance
at the request of [name of person authorizing
the map] on 20_.
Monuments of the character indicated have
been set or found as shown, I will set all other
monuments of the character and position
indicated by legend on this map within 30 days
after the completion of the required
improvements and their acceptance by the city
of Chula Vista; and that such monuments are,
or will be sufficient to enable the survey to be
retraced. I hereby state that this parcel map
substantially conforms to the approved or
conditionally approved tentative parcel map, if
any, and that the survey is true and complete
as shown.
Signed and Sealed
(L.S. or R.C.E. No.)
18.20.070 Filing -Map preparation -Compliance.
The parcel map shall conform in size, material,
content, and in all other respects, with the
requirements set forth in the map act, the CVMC,
including zoning, and the subdivision manual.
18.20.080 Filing - Map preparation -
Monumentation.
Monumentation shall conform with the requirements
as set forth in the subdivision manual, and the map
shall show fully and clearly what monuments have
been or are to be set.
18.20.090 Filing -Map preparation -Adjacent
parcels.
Record information concerning adjacent property
shall be shown upon the parcel map to the extent that
such information has a direct bearing upon the
parcels being created.
18.20.100 Filing -Documents required -Generally.
At the time of submitting the parcel map to the city
engineer, the subdivider shall submit therewith the
documents listed in CVMC 18.20.110 through
18.20.140. The parcel map shall not be considered as
filed until all documents listed are completed and
submitted except as specifically noted.
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18.20.110 -Filing -Documents required -Legal
description.
A legal description of the original parcel or parcels
of record upon which the division or consolidation is
proposed.
18.20.120 Filing -Documents required -Owners
statement.
A statement setting forth the complete name and
address of each of the owners of each original parcel
of record involved.
18.20.130 Filing -Documents required -Closures.
Mathematical closures of each parcel to be created
and, if feasible, of each original parcel of record.
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0 18.20.140 Filing -Documents required -Consent.
w Submission of a report by a duly authorized title
~ company naming the person. whose consent is
necessary to the preparation and recordation of the
parcel map may be required.
18.20.150 Approval -Prerequisites -Notice.
If it is determined that the approval of a parcel map
would deprive substantial or significant property rights
of other property owners, notice and opportunity for a
hearing shall be provided.
18.20.160 Approval -Prerequisites -Completion
of improvements.
Prior to the approval of a parcel map, the subdivider
shall install and complete all necessary improvements
and meet all drainage and grading requirements,
unless, pursuant to CVMC section 12.24.070, it is
determined by the city engineer that such installation
would create a dangerous condition, be infeasible, or
be impractical. In the event that the applicant does not
complete such improvements prior to filing the parcel
map, the subdivider shall execute an agreement,
backed by sufficient security in accordance with
CVMC section 18.17.110, with the city to ensure that
all necessary improvements are installed.
18.20.170 Approval - Prerequisites - Setting
monuments.
Prior to the approval of a parcel map, all lots
created shall be monumented at all corners and
points of curvature by a licensed surveyor or
registered civil engineer licensed in the Sate of
California prior to 1982, unless the engineer or
surveyor certifies on the map that the monuments will
be set within 30 days following the recordation of the
parcel map or acceptance of improvements,
whichever is applicable, and the subdivider provides
sufficient security to guarantee `such delayed
installation of monumentation in accordance with
section 66496 of the map act.
18.20.180 Approval -Prerequisites -Additional
requirements.
The city may require such additional information
and documentation to ensure the provisions and
purpose of this title are met, including, but not limited
to, proof that there are adequate utilities including
water, gas, electricity, communication and sewerage
for the proposed use of the land or that they will be
provided. All such requirements shall be in written
35
form, a copy of which shall be delivered to the
applicant with the approved parcel map.
18.20.190 Approval -Authority.
The city engineer is authorized to make all of the
findings necessary for approval of and to approve,
conditionally approve, or disapprove parcel maps;
however, no parcel map shall be approved, which
makes an existing building or structure substandard in
respect to yard or other zoning requirements specified
in this code, nor shall any existing easement in favor
of the public be rendered impractical by the creation
of a parcel on a parcel map.
18.20.200 Approval -Certification.
° Within 20 days after receiving the parcel map
rv accompanied by all required documents, the city
~ engineer (and a registered land surveyor if the city
engineer was registered in the state of California later
than 1982), shall examine the parcel map for survey
information shown thereon, compliance with the
provisions of this chapter, and conformity to the
tentative parcel map. If he is satisfied that the
submission is technically correct and complete, he
shall place the following certification on the map:
I hereby certify that I have examined this map
and have found that the subdivision as shown
is substantially the same as it appeared on the
tentative map, if required, and any approved
alterations thereof; and that it complies with all
the provisions of the Subdivision Map Act of
the state of California, and any local ordinance
of the City of Chula Vista applicable at the time
of approval of the Tentative Parcel Map.
(Signed and Stamped)
City Engineer
I, the undersigned hereby certify that this map
is technically correct
(Signed and Stamped by a Registered Land
Surveyor or a Civil engineer registered in the
state of California prior to 1982)
18.20.210 Approval -Appeal -Procedure.
In the event that the applicant or any interested
party is dissatisfied with any determination of the city
engineer as to whether the property division qualifies
as a parcel map division, or as to any requirements or
conditions imposed, then the applicant or interested
party may appeal to the council by filing a statement
in writing with the city engineer stating his reasons for
appeal within 10 business days following the
determination. The matter shall be placed on the
council agenda and heard by the council within 30
days of the appeal.
18.20.220 Approval -Appeal -Review and final
decision.
Subject to the requirements of this chapter, the
council may affirm, reverse or modify any
determination of the city engineer with respect to the
proposed parcel map. In the coastal zone, notice of a
final decision by the council shall be provided to the
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applicant, Coastal Commission, and any known
interested person as provided in this code. (Ord. 2100
§ 1, 1985; Ord. 1369 § 2, 1971; prior code § 28.407).
18.20.230 Action following approval -
Recordation.
Upon certification of the parcel map and receipt of
the necessary recording fee, the city engineer shall
cause the map to be transmitted to the county
recorder. The parcel map shall be recorded prior to
sale, lease; financing or separate use of any parcel
created or to the issuance of any building permit
related thereto. Following recordation, the applicant
shall supply one mylar copy of the recorded map to
the city engineer. (Ord. 2100 § 1, 1985; Ord. 1369
§ 2, 1971; prior code § 28.409(D)).
18.20.240 Required easements to be shown for
subsequent purchasers.
In the event a private access road or drainage or
utility easement for the use of subsequent purchasers
is required within the boundaries of the land to be
divided, pursuant to the provisions of this chapter,
said easements shall be delineated on the parcel
map, and said easements as delineated shall be
conveyed to subsequent purchasers of the parcels
created.
Said easements shall be shown on the parcel map
by a dashed line and a notation that the area so
delineated represents a future easement to be
conveyed by separate instrument to subsequent
purchasers pursuant to Government Code 67870 and
the requirements of this section. (Ord. 2100 § 1, 1985;
Ord. 1511 § 1, 1973; Ord. 1369 § 2, 1971; prior code
§ 28.410).
18.20.250 Abandonment of public easements.
Parcel Maps approved by the city engineer with
abandonment certificates by the City clerk pursuant to
Section 66445Q) and 66499.201/2 of the government
code shall constitute the abandonment of such
easements upon the filing of the parcel map with the
County Recorder.
18.20.260 Waiver of requirement for parcel map.
The city engineer shall have the authority to waive
the requirement for a parcel map, including the
requirement identified in section 66426(f) of the map
act, provided the city engineer can make the findings
indentified in subsection (A), below.
A. The proposed division of land complies with the
requirements established by the map act, the CVMC,
and the subdivision manual as to:
1. Area;
2. Improvements and design;
3. Floodwater drainage control;
4. Appropriate improved public roads;
5. Sanitary disposal facilities;
6. Water supply availability;
7. Environmental protection; and
8. Other requirements established by the
authority identified in section (A) above.
B. A waiver of the requirement for a parcel map
may be appealed in the same manner as a parcel
map in 18.20.210.
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C. Where the requirement for a parcel map has
been waived pursuant to this section, the city
engineer may require a tentative parcel map.
Chapter 18.24
ADJUSTMENT PLATS
Sections:
18.24.010 Purpose and intent of provisions.
18.24.020 Applicable when - Scope -Boundary
adjustments -Consolidations.
18.24.030 Application -Form and specifications.
18.24.040 Application -Contents required.
18.24.050 Fee for examination.
18.24.060 Approval authority - Notice of
o determination.
w 18.24.080 Conditions for approval.
~ 18.24.100 Recordation of deeds required.
18.24.010 Purpose and intent of provisions.
It is the purpose of this chapter to establish a
procedure to facilitate the consolidation of lots and
adjustment of boundary lines when it is determined
that conditions exist as delineated herein which would
eliminate the need for the preparation and filing of
either a subdivision map or a parcel map .
This chapter does not apply in the coastal zone.
(Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369
§ 2, 1971; prior code § 28.501).
18.24.020 Applicable when -Scope -Boundary
adjustments -Consolidations.
In lieu of a subdivision map or a parcel map, an
adjustment plat may be filed pursuant to the
provisions of this section under the following
situations:
A. To adjust the boundaries between two or more
lots; provided, the director of development services
and the city engineer determine that the exchange of
property does not:
1. Create any new lots,
2. Include any lots or parcels created illegally,
3. Result in any lots which do not meet
applicable zoning regulations,
4. Impair any existing access or create a need
for access to any adjacent lots or parcels,
5. Impair any existing easements or create a
need for any new easements serving any adjacent
lots or parcels,
6. Require substantial alteration of any existing
improvements or create a need for any new
improvements;
B. To consolidate two or more lots; provided, the
director of development services and the city engineer
determine that the consolidation does not:
1. Include any lots or parcels created illegally,
2. Result in any lots which do not meet
applicable zoning regulations,
3. Impair any existing access or create a need
for access to any adjacent lots or parcels,
4. Impair any existing easements or create a
need for any new easements serving any adjacent
lots or parcels,
5. Require substantial alteration of any existing
improvements or create a need for any new
improvements;
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18.24.030 Application -Form and specifications.
Application for an adjustment plat shall be made
with the development services department in
accordance with the following specifications:
A. The plat shall be drawn on a form prescribed by
the director of development services. Such forms are
available in the development services department
upon request.
B. The plat shall be drawn to a minimum scale of
one inch equals 100 feet.
C. All parcels proposed for adjustment shall be
shown, including all contiguous property to be
retained by the owner. Property to be retained shall
be designated on the plat as a separate parcel.
D. All existing lots or parcels shown on final maps,
parcel maps or final division plats shall be designated
by dotted lines, and said maps shall be identified by
map type and number. (Ord. 2100 § 1, 1985; Ord.
1540 § 2, 1974; Ord. 1369, 1971; prior code
§ 28.503(A)(1)).
18.24.040 Application -Contents required.
Each adjustment plat shall contain the following
information:
A. A plat number as issued by development
services department;
B. North arrow and scale;
C. Name, address, telephone number and
signature of owner(s);
D. If prepared by an engineer or surveyor, his
name, address, telephone number, and registration or
license number;
E. The location, width and names, if any, of all
existing streets; and the location, width and purpose.
of all easements which lie within the boundaries of the
land proposed for division;
F. The names of the owners and the assessor's
numbers, to be labeled within or adjacent to the
parcels involved;
G. The existing boundary, to be shown as a dashed
line;
H. The proposed boundary, to be shown as a solid
line;
I. Sufficient legal description of the land to define
the boundaries of the ownerships involved;
J. A vicinity map with north arrow and scale
indicated;
K. The net area of each proposed lot;
L. The dimensions of each boundary of each
proposed lot;
M. The location of all existing buildings and
structures and their uses, the distance between said
buildings and structures, and the minimum distance
between each building or structure, and the boundary
of the proposed lot on which it is located;
N. A statement of the existing zoning and the
proposed use of each lot. (Ord. 2100 § 1, 1985; Ord.
1540 § 2, 1974; Ord. 1369, 1971; prior code
§ 28.503(A)(2)).
18.24.050 Fee for examination.
At the time of filing an adjustment plat, the applicant
shall pay the fee(s) to the city, for each plat filed, in
amount(s) identified in the master fee schedule or any
amendments thereto. (Ord. 2506 § 1, 1992; Ord. 2100
§ 1, 1985; Ord. 1812 § 1, 1978; Ord. 1540 § 2, 1974;
Ord. 1369, 1971; prior code § 28.503(A)(3)).
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18.24.060 Approval authority -Notice of
determination.
Within 15 calendar days after an adjustment plat
has been filed, the director of development services
and the city engineer shall approve, conditionally
approve, or disapprove such plat. The applicant shall
be notified of the action by written notice. Notice shall
be deemed to have been given upon deposit of the
notice in the United States mail. (Ord. 2100 § 1, 1985;
Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code
§ 28.503(A)(4)).
18.24.080 Conditions for approval.
Whenever applicable, the director of development
services may prescribe the following requirements as
~ conditions of approval of an adjustment plat:
w A. Parcel Boundaries. Relocation of lot lines to
p provide lots that comply with any applicable zoning
regulations, and conform to standards of lot design
specified in this title;
B. Access. The provision of safe and adequate
access to each lot or parcel within the adjustment;
C. Inundation Line. The addition of a distinctive
boundary line, clearly labeled, which delineates the
limits of any area determined by the city engineer to
be subject to flooding or inundation. The plat shall
contain an appropriate note stating said area is
subject to flooding or inundation. (Ord. 2100 § 1,
1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior
code § 28.503(A)(6)).
18.24.100 Recordation of deeds required.
Following approval of the adjustment plat, the.
applicant must have the necessary deeds prepared
and recorded in the office of the county recorder.
(Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369,
1971; prior code § 28.503(C)).
Chapter 18.28
DEPOSITS AND FEES*
Sections:
18.28.010 Deposits for street trees -Required -
Amounts -Disposition -Labor costs.
18.28.020 Tentative parcel map fee.
18.28.030 Tentative map fee.
18.28.040 Final map and improvement plan fee.
18.28.050 Public works inspection -Computation of
fee.
18.28.060 Schedule of fees - Exemptions and
additions.
18.28:080 Recordation fee.
18.28.090 Public works. inspection - Additional
payments required when.
" CROSS REFERENCE: Street plantings, see Ch.
12.32 CVMC.
18.28.010 Deposits for street trees -Required -
Amounts -Disposition -Labor costs.
A. The subdivider is required to install approved
street trees in accordance with CVMC 18.32.110 as
lots within the development are occupied. For those
street trees which have not been installed at the time
of acceptance of public improvements, the subdivider
shall deposit with the director of finance the required
deposit fee(s). For subdivisions in which full
landscape improvements, including but not limited to
the installation of irrigation systems and the planting
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of vegetation and street trees, are required in the area
between the public curb line and the public sidewalk
and in which the subdivider has provided sufficient
surety to guarantee completion of said landscape
improvements, no deposit fee is required as a
prerequisite to the acceptance of public
improvements.
No acceptance of public improvements shall be
given until such sums, if required pursuant to this
subsection (A), are received by the director of finance.
Such sums shall be deposited in the public works
street tree trust fund. Sums in this fund shall be used
for the purchase and planting of trees at such time as
the lots become occupied.
B. Costs for labor and equipment required to plant
trees for which deposits have been made shall be
determined by the city engineer. The director of
finance shall transfer sums so determined to
appropriate operating accounts upon receipt of a
summary of planting costs and request for transfer of
funds from the city engineer.
C. In any instance where the planting of a tree at a
specific site is determined by the city engineer to be
impractical or where the adjacent property owner
makes practical objection to the planting of a tree, the
deposit for such tree may be utilized for the purchase
and planting of trees at any location within the public
street system of the city. (Ord. 2824 § 1, 2000; Ord.
2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord. 1687 § 1,
1976; Ord. 1369, 1971; prior code § 28.801).
18.28.020 Tentative parcel map fee.
Prior to the submission of a tentative parcel map
with the director of development services for
processing, the property owner shall pay to the city
clerk the required fee(s) in the amount(s) identified in
the master fee schedule or any amendment thereto.
Said fee shall cover the entire processing of the
parcel map to recordation, but shall not include
checking of any required improvement plans or
inspection of improvements. Required fee(s) shall
also be charged for plan review and inspection of
public improvements for parcel maps. (Ord. 2506 § 1,
1992; Ord. 2100 § 1, 1985; Ord. 1812 § 1, 1978; Ord.
1369, 1971; prior code § 28.802(1)).
18.28.030 Tentative map fee.
Prior to the submission of a tentative map or a
vesting tentative map to the development services
department for processing, the property owner or
subdivider shall pay to the city the required filing
fee(s) ih the amount(s) identified ih the master fee
schedule or any amendment thereto.. (Ord. 2506. § 1,
1992; Ord. 2134 § 4, 1985; Ord. 2100 § 1, 1985; Ord.
1812 § 1, 1978; Ord. 1369, 1971; prior code
§ 28.802(2)).
18.28.040 Final map and improvement plan fee.
Prior to the submission of a final map and
improvement plans or any portion thereof to the
development services department and/or the city
engineer for processing, the property owner or
subdivider shall pay to the city the required filing
fee(s). (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985;
Ord. 1812 § 1, 1978; Ord. 1369, 1971; prior code
§ 28.802(3)).
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18.28.050 Public works inspection -Computation
of fee.
Following the City Engineer's approval of the final
map but prior to the recordation of said map or the
issuance of a construction permit for the project, the
property owner or subdivider shall pay to the city the
required fee(s). (Ord. 2506 § 1, 1992; Ord. 2100 § 1,
1985; Ord. 1812 § 1, 1978; Ord. 1369, 1971; prior
code § 28.802(4)).
18.28.060 Schedule of fees -Exemptions and
additions.
A. The schedule of fees is as shown on the master
fee schedule as presently designated or as may be in
the future amended.
B. The fee schedule is intended to cover expense
to the city involved in processing a subdivision, from
checking the tentative map through acceptance of the
public improvements, including inspection services.
Soils and materials testing are specifically excluded
from services encompassed within the subdivision fee
schedule as shown on the master fee schedule.
C. On-site improvements within the public rights-of-
way, as well as off-site improvements within the public
rights-of-way immediately adjacent to the subdivision
boundary, shall be considered as included within the
fee schedule. However, review of plans and
inspections required of extensive off-site
improvements shall be paid as a separate and
additional fee. Such fee shall be as presently
designated, or as may be in the future amended, in
the master fee schedule.
D. Where grading and/or slope planting is to be.
accomplished under the subdivision agreement, a
separate and additional fee for such items only shall
be collected in accordance with the master fee
schedule as presently designated, or as may be in the
future amended. (Ord. 2100 § 1, 1985; Ord. 1812 § 1,
1978; Ord. 1534 § 1, 1974; Ord. 1369, 1971; prior
code § 28.802(5)).
18.28.080 Recordation fee.
Upon the filing of the final map with the city
Engineer, the property owner or subdivider shall
deposit with the city clerk the required fee(s) to cover
the cost of recording the map or direct a bonded title
officer to record the map. Upon recordation of the final
map, the property owner or subdivider shall submit to
the city engineer one mylar print of the recorded final
map. (Ord. 2506 § 1, 1992; Ord. 2100 § 1, 1985; Ord.
2011 § 1, 1982; Ord. 1812 § 1, 1978; Ord. 1369,
1971; prior code § 28.802(7)).
18.28.090 Public works inspection -Additional
payments required when.
In addition to other required fee(s) relative to public
works inspections, the subdivider or contractor shall
pay to the city, prior to the acceptance of public
improvements in any subdivision or street right-of-way
or easement for public purposes, the required fee(s)
for those public works inspections undertaken outside
of regular working hours or on Saturdays, Sundays
and legal holidays during the course of construction of
any public improvements. (Ord. 2506 § 1, 1992; Ord.
2100 § 1, 1985; Ord. 2011 § 1, 1982; Ord. 1812 § 1,
1978; Ord. 1601 § 1, 1975; Ord. 1369, 1971; prior
code § 28.802(8)).
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Chapter 18.32
DESIGN REQUIREMENTS*
Sections:
18.32.010 Conformance to standards required -
Modifications permitted when.
18.32.020 Lots - To constitute practical building site.
18.32.030 Access to public streets -Development
plan required.
18.32.040 Streets -Conformance to general plan
required.
18.32.050 Streets - Minimum standards and
specifications.
18.32.060 Streets - Pattern of development -
Extensions - Stub-end streets -
Intersections.
18.32.070 Requirements for developments adjacent
to major roads.
18.32.080 Streets. - Grades, curves and sight
distances required.
18.32.090 Curbs, sidewalks and pedestrian ways -
Principles and standards.
18.32.100 Hillside subdivisions and planned unit
developments.
18.32.110 Street trees to be provided by subdivider.
18.32.120 Public utility facilities - Underground
installation requirements.
18.32.130 Easements -Width.
18.32.140 Lots -Standards and specifications.
18.32.150 Nonresidential subdivisions -Conformance
to general plan required.
18.32.160 Nonresidential subdivisions - Principles
and standards for development.
* For statutory provisions vesting .control over
subdivision design and improvement in the
governing bodies of cities, see Bus. and Prof. Code
§ 11525.
18.32.010 Conformance to standards required -
Modifications permitted when.
Except where modified by the council upon
recommendation of the commission, as provided by
this title, each subdivision and map thereof shall be in
conformity with the standards set forth or referred to
herein. In the coastal zone, any modification of any
requirements of this chapter or the certified local
coastal program will require filing by the city of a local
coastal program amendment and approval thereof by
the Coastal Commission before such modification
becomes effective. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.901(1)).
18.32.020 Lots - To constitute practipal building
site.
All subdivisions should result in the creation of lots
which are developable and capable of being built
upon. No subdivision should create lots which are
impractical for improvement due to steepness of
terrain, location of watercourses, problems of
sewerage or driveway grades, or natural physical
conditions.
In the coastal zone, no lots intended for urban
development shall be created so as to consist totally
of land or water designated as environmentally
sensitive habitat areas in the certified local coastal
program. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.901(2)).
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18.32.030 Access to public streets -Development
plan required.
All lots or parcels created by the subdivision of land
shall have access to a public street improved to
standards hereinafter required. Private streets,
common driveways, or access easements shall not
normally be permitted. However, if the city engineer
determines that the most logical development of the
land requires that lots be created which cannot
feasibly be served by a public street, a private access
may be approved. The subdivider shall submit a
development plan showing the alignment, width,
grade and material specifications of any proposed
private improvements, the topography and means of
access to each lot, drainage and sewerage of the lots
served by such private improvements, and a plan
satisfactory to the city engineer for ownership and
maintenance of said access and the liability for taxes
thereon. Construction of these improvements as
approved by the city engineer shall be completed
prior to occupancy of any buildings on lots served by
a private access.
In the coastal zone, all improvements shall be
consistent with the provisions of the certified local
coastal program. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.901(3)).
18.32.040 Streets -Conformance to general plan
required.
The subdivision design shall conform to the concept
of major streets designated in the general plan, and to
any future street rights-of-way designated by the
commission and approved by the council. Whenever
a subdivision embraces any major street, it shall be
included in said tract and shall be platted by the
subdivider in the location generally indicated or in a
location specifically designated by the commission
and approved by the city council.
In the coastal zone, the subdivision design shall
conform to the concept of major streets designated in
the certified local coastal program. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.902(A)).
18.32.050 Streets -Minimum standards and
specifications.
A. Typical sections of various classes of streets
shall be in accord with the Subdivision Manual and
the City of Chula Vista Design Standards or the
modifications thereof approved by the city engineer.
B. The basis for requirements for street and
roadway widths and design shall be the topography of
the land ahd density of development in terms of the
proposed number_of dwellings to be served by said
street or roadway on an ultimate basis. Reduced
right-of-way width shall, in all cases, be sufficient to
accommodate utility facilities within the right-of-way.
C. Improvements as set forth in CVMC 18.36.010
shall be installed within the half of an existing street
adjacent to the subdivision boundary. Substandard
existing improvements shall be removed and replaced
as directed by the city engineer. Where such existing
street has not previously been paved, paving having a
minimum width from face of curb to edge of pavement
of 28 feet shall be installed.
D. Half streets, when approved, shall be
constructed with a minimum paved width from face of
curb to edge of pavement of 28 feet.
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E. The subdivider shall dedicate all rights-of-way for
streets or portions of streets as necessary within the
subdivision boundary. Full width dedications within
the subdivision shall have complete improvements
installed, except that upon collector and major roads,
paving upon each half may be a minimum of 20 feet
in width from the face of curb to edge of pavement.
F. The standards set forth hereinabove are
minimum, and additional on-site and/or off-site public
improvements and dedications may be required.
G. In the coastal zone, the standards and
specifications established in the certified local coastal
program shall govern, in addition to those standards
and specifications provided in subsections (A) through
(F) of this section. If a conflict arises between the
standards and specifications expressly established by
the certified local coastal program and any standards
in this chapter, the former shall govern. (Ord. 2100
§ 1, 1985; Ord. 1582 § 1, 1974; Ord. 1369, 1971; prior
code § 28.902(B)).
18.32.060 Streets -Pattern of development -
Extensions -Stub-end streets -Intersections.
The street pattern in the subdivision shall provide
for the most advantageous development of adjoining
areas and the entire neighborhood or district. The
following principles shall be observed:
A. Where appropriate to the design and terrain,
proposed streets shall be continuous and in alignment
with existing planned or platted streets with which
they are to connect. The centerlines of streets, if not
in alignment, shall be offset at least 200 feet unless
otherwise approved by the city engineer for reasons
of severe topography, one-way streets, or other
unusual circumstances.
B. Proposed streets shall be extended to the
boundary lines of the land to be subdivided, unless
prevented by topography or other physical conditions,
or unless, in the opinion of the commission, such
extension is not necessary for the coordination of the
subdivision with the existing layout or the most
advantageous future development of adjacent tracts.
Where reservation for a future street is made, slope
rights along the sides and end of the reserved area
shall be preserved in the name of the city.
C. In the case of stub-end streets extending to the
boundary of the property, aone-foot strip at the end of
the stub-end street, the width of the street right-of-
way, shall be deeded to the city pending the
extension of said street into adjacent property. Where
required, a temporary turn-around or a temporary
connection to another street shall be provided by the
subdivider.
D. Proposed streets shall intersect one another as
nearly at right angles as topography and other limiting
factors on good design permit. Streets shall be
designed in a manner which will discourage the use of
local streets for through traffic. Four-way intersections
involving local streets shall be avoided whenever
possible. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.902(C)).
18.32.070 Requirements for developments
adjacent to major roads.
Subdivision design shall be in general accord with
the concepts of the general plan, and as determined
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by the commission. The following principles and
standards shall be observed:
A. Street design should have the purpose of making
adjacent lots, if for residential use, desirable for such
use by cushioning the effect of heavy traffic and
minimizing the interference with traffic on such
streets.
B. The number of intersecting streets along major
streets and collector streets should be held to a
minimum. Wherever practicable, such intersections
should be spaced not less than 1,000 feet on center.
C. Residential lots adjacent to a major or collector
road normally will be required to be served by a
residential street paralleling said major or collector
road or by a series of cul-de-sacs or loop streets
extending toward said major or collector road from a
parallel street. Where such double frontage lots are
created, improvements on such lots shall be oriented
to and front upon the local street. A decorative
concrete block wall, minimum height, five feet, or a
comparable material approved by the commission,
shall be required at the top of slope adjacent to the
major or collector road. Landscaping and permanent
irrigation shall be provided in accordance with the
standards specified in the Chula Vista landscape
manual and the grading ordinance.
D. When the rear of any lot borders any major or
collector road, the subdivider shall be required to
execute a certificate on the title sheet, deemed
sufficient by the city attorney, prohibiting the right of
ingress and egress from said major or collector road
to said lot.
E. In the coastal zone, subdivision design shall be
in conformity with the applicable provisions of the
certified local coastal program and shall observe the
principles and standards of subsections (A) through
(D) of this section to the extent they do not conflict
with the certified local coastal program. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.902(D)).
18.32.080 Streets -Grades, curves and sight
distances required.
The subdivision manual prescribes and sets forth
the standards for grades, curves and sight distances
to insure proper drainage and/or for vehicle and
pedestrian safety. (Ord. 2100 § 1, 1985; Ord. 1582
§ 1, 1974; Ord. 1369, 1971; prior code § 28.902(E)).
18.32.090 Curbs, sidewalks and pedestrian ways -
Principles and standards.
The following principles and standards shall apply
to the design and installation of curbs, sidewalks and
pedestrian ways:.
A. Curbs, gutters and sidewalks shall be required in
all subdivisions except as noted in subsection (B) of
this section. In the coastal zone, gutter elevations
shall be established at sufficient height above mean
sea level to allow for anticipated head losses
throughout the drainage system.
B. The requirement for sidewalks may be omitted in
whole or in part by the commission; provided, that the
findings are made that such sidewalks are not
necessary because of any one of the following:
1. The traffic count on a particular street is
significantly reduced from the established standard for
local streets as determined by the city engineer; or
2. The design or the topography of the
subdivision and its relationship to adjoining properties
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and uses do not warrant the standard sidewalk
requirements based upon the recommendation of the
city engineer.
This subsection (B) does not apply in the coastal
zone.
C. When required for access to schools,
playgrounds, shopping centers, transportation
facilities, other community facilities, or for unusually
long blocks, the commission may require pedestrian
ways, not less than eight feet in right-of-way and
paved with Portland cement concrete, a minimum of
five feet in width. Such pedestrian ways shall be
bordered on each side with asix-foot high, minimum,
chain-link fence and a landscaped screen in
conformance with the landscaping manual of the city.
In lieu of the chain-link fence, the commission may
require the subdivider to use a masonry wall, as
specified in CVMC 18.32.070(C), a minimum six feet
high, where they deem it necessary for any one of the
following reasons:
1. Separation of land use;
2. Acoustical buffer;
3. Promotion of an architectural theme or
compatibility of the area.
D. Where sidewalks are not required, Portland
cement concrete driveway aprons shall extend to the
property line.
E. Section 19.91.04c of the Bayfront Specific Plan
1985 is hereby incorporated as part of this section.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.902(F)).
18.32.100 Hillside subdivisions and planned unit
developments.
In either a planned unit development or a hillside
subdivision or portions thereof which have an average
lot size of 20,000 square feet or larger and having an
average slope in excess of 10 percent prior to
grading, the commission, in the exercise of its
discretion, may modify the foregoing requirements of
this chapter in a manner that will result in the best
possible utilization of the land to be subdivided, giving
consideration to the topography and natural cover of
the land, the general character of the proposed
subdivision, the proposed zoning and the desirability
of minimizing grading upon the site. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.903).
18.32.110 Street trees to be provided by
subdivider.
Street trees shall be provided by the subdivider in
all subdivisions. Trees shall be planted within the
street .right-of-way, within a dedicated .planting
easement, or within a combination ofkboth, having a
combined width of 10 feet. Street trees shall be
selected, installed and maintained in accordance with
CVMC 12.28.010 and 12.28.020, et seq. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.904).
18.32.120 Public utility facilities -Underground
installation requirements.
Public utility facilities within or immediately adjacent
to subdivisions or parcel splits shall be
undergrounded in conformity with the provisions of
Chapter 15.32 CVMC. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.905).
18.32.130 Easements -Width.
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Easements for drainage or sewer purposes shall be
provided as necessary, in order to insure a clear air
space of a minimum width of 10 feet. Easements for
large structures or unusually deep structures shall be
of such greater width as may be specified by the city
engineer. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.906).
18.32.140 Lots -Standards and specifications.
The size, shape and orientation of lots, each of
which shall constitute a practical building site, shall be
appropriate to the location of the proposed
subdivision and to the type of development
contemplated.
The following principles and standards shall be
observed:
A. The side lines of all lots, so far as possible,
should be at approximately right angles to the street
which the lot faces, or approximately.. radial to the
center of the curvature if such street is curved. Side
lines of lots shall be approximately radial to the center
of curvature of a cul-de-sac on which the lot faces.
B. No lot shall be divided by a city boundary line.
C. No remnants of property, with the .exception of
one-foot control lots, shall be created which do not
conform to lot requirements, or are not required for a
private or public utility purpose.
D. The division of a lot or parcel by a tax code
boundary shall be avoided.
E. Side lot lines between adjacent lots within a
subdivision should be located at the top of any
grading slope which may be proposed at such
location.
F. Unless otherwise altered by the provisions of a
planned unit development, the minimum lot depth for
residential development shall be not less than 90 feet,
with the following exception: Lots adjacent to
freeways, major streets or collector roads shall utilize
a minimum lot depth of 110 feet to provide sufficient
separation from the road noise and to facilitate the
usable lot area. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.908).
18.32.150 Nonresidential subdivisions -
Conformance to general plan required.
The street and lot layout of a nonresidential
subdivision shall be appropriate to the land use for
which the subdivision is proposed, and shall conform
to the proposed land use and standards established
in the general plan and zoning ordinance.
In the coastal zone, the street and lot layout of
nonresidential subdivisions shall,- in addition, be
consistent with the applicable provisions of the
certified local coastal program. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.909(A)).
18.32.160 Nonresidential subdivisions -Principles
and standards for development.
In addition to the principles and standards in this
title which are appropriate to the planning of all
subdivisions, the subdivider shall demonstrate to the
satisfaction of the commission that the street, parcel
and block pattern proposed is specifically adapted to
the uses anticipated and takes into account other
uses in the vicinity. The following principles and
standards shall be observed:
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A. Proposed industrial parcels shall be suitable in
area and dimensions to the types of industrial
development anticipated.
B. Street rights-of-way and pavement shall be
adequate to accommodate the type and volume of
traffic anticipated to be generated thereon.
C. Special requirements may be imposed by the
city with respect to street, curb, gutter and sidewalk
design and construction.
D. Special requirements may be imposed by the
city with respect to the installation of public utilities,
including water, sewer and storm drainage.
E. Nonresidential subdivisions shall be designed to
protect adjacent areas from potential nuisance from
the proposed nonresidential subdivisions, including
the provisions of extra depth and setback in parcels
backing up on existing or potential residential
development and provisions for a permanently
landscaped buffer strip, when determined necessary
by the commission.
F. Streets carrying nonresidential traffic, especially
truck traffic, shall not normally be extended to the
boundaries of adjacent existing or potential residential
areas, or connected to streets intended for
predominantly residential traffic.
G. Nonresidential subdivisions shall take into
account and specifically designate all private areas
proposed for vehicular circulation and parking, for
pedestrian circulation, and for buffer strips and other
landscaping.
H. Buffer strips shall consist of landscaped areas
which are designed to shield and otherwise soften the
effect of the nonresidential subdivision on nearby
residential areas. Said buffer strips shall be improved
to standards as specified in the Chula Vista zoning
ordinance.
I. In the coastal zone, the provisions of the certified
local coastal program shall apply to nonresidential
subdivisions in addition to the principles contained in
subsections (A) through (H) of this section. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.909(8)).
Chapter 18.36
IMPROVEMENTS*
Sections:
18.36.010 Minimum improvement requirements for
sub divisions.
18.36.020 Acceptance and approval authority.
18.36.030 Public utility facilities -Installation time.
* For statutory provisions vesting control over
subdivision design and improvement in the
governing bodies of cities, see Bus. and Prof. Code
§ 11525.
CROSS REFERENCES: Excavations, see Ch.
15.04 CVMC. Street obstructions, see Ch. 12.12
CVMC.
18.36.010 Minimum improvement requirements for
sub divisions.
The subdivider shall improve or agree to improve all
streets, thoroughfares, public ways or public or private
easements within the development and adjacent
thereto, as required to serve the development. No
grading or improvement work shall be commenced
until either an appropriate subdivision improvement
agreement, land development permit, or street
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encroachment permit has been approved and any
necessary bonds posted. Improvements shall be
installed to line and grade and in accordance with the
standard drawings and specifications of the city
and/or as determined by the city engineer. Street
structural sections shall be designed in accord with
the "Standardized Method of Street Structural
Design," as prepared by the city engineer. The
minimum improvements which the subdivider shall
normally be required to agree to install, at his own
cost, in the creation of a parcel or parcels shall
include the following:
A. Grading, curbs and gutter, driveways, paving
and drainage structures necessary for the proper use
and drainage of the development, streets, highways
and/or public safety;
B. Site grading and drainage, taking into
consideration the drainage pattern of adjacent
improved or unimproved property and making
drainage provisions adequate for total ultimate
development of the natural tributary area. Runoff
quantities to be anticipated shall be derived from the
drainage study as herein defined, or by such other
method as may be approved by the city engineer.
Alternate methods shall be fully substantiated by the
engineer of work. Grading shall be in full conformity
with the provisions of the appropriate ordinances of
the city, with the exception that the work may be
performed under the terms of the subdivision
agreement and no land development permit shall be
required in such cases. Drainage facilities and
concepts shall conform to the provisions of CVMC
Title 14, relating to the control of drainage areas and
watercourses;
C. Street name and traffic control signs;
D. Sidewalks, except as provided in CVMC
18.32.090(6);
E. Fire hydrants and a water system with mains of
sufficient size and capacity to provide future extension
to adjacent property and having a sufficient number of
services to furnish an adequate water supply for each
lot or parcel in the subdivision and to provide
adequate fire protection;
F. Sanitary sewer facilities and connections for
each lot. Sewer mains, whose size and depth shall be
adequate to serve adjacent and upstream properties,
shall extend to the boundaries of the parcel map or
subdivision;
G. Street lighting facilities shall be installed per city
standards;
H. Street trees;
I. Underground utilities as required by this code;
J. Provision shall be made for any ,and all railroad
crossings necessary to provide access to or
circulation within the proposed subdivision, including
the preparation of all documents necessary for
application to the California State Public Utilities
Commission for the establishment and improvement
of such crossings;
K. Mid-block pedestrian ways, where required, shall
be in conformance with CVMC 18.32.090(C);
L. Improvements on private access easements
shall be required as determined by the city engineer.
In the coastal zone, the minimum improvements
which the subdivider shall be required to install, at his
or her own cost, in the creation of a parcel or parcels
shall be consistent with the applicable provisions of
the certified local coastal program, in addition to
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subsections (A) through (L) of this section. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.1001).
18.36.020 Acceptance and approval authority.
The city engineer shall have the authority and
responsibility to accept public improvements and
approve site grading relative to subdivision of land,
whether through the subdivision process or the parcel
map process. Completion of all improvements and/or
grading as contemplated by the subdivision
improvement agreement, the land development
permit or the street encroachment permit is a
condition of approval and acceptance. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.1002).
18.36.030 Public utility facilities -Installation time.
o All underground facilities including individual lot
ro services to the property line shall be completed prior
,`; to installation of sidewalk, cross-gutter. or street
pavement. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.1003).
Chapter 18.40
DEDICATIONS"
Sections:
18.40.010 Purpose and intent of provisions.
18.40.020 Prerequisite to approval of final map or
parcel map.
18.40.030 Title policy or certificate required.
18.40.040 Drainage facilities dedication required
when.
18.40.050 Watercourses for storm drainage required
when.
18.40.060 Future streets.
18.40.070 Rights-of-way in process of condemnation.
18.40.080 Access for fire protection required when.
18.40.090 Public utility easements.
18.40.100 Rejected dedication offers to remain open
for later acceptance.
18.40.110 New subdivisions -Connections required.
18.40.120 Access right limitations required when.
18.40.130 New subdivisions -Public facility sites
required.
18.40.140 New subdivisions -Street continuations.
18.40.150 Streets or alleys lying along boundaries -
Partial dedication when.
18.40.160 Half streets or alleys -Dedication required
when.
18.40.170 Access to major canyon areas.
18.40.180 Coastal zone -Public shoreline access
dedication required when.
For statutory provisions vesting control- over
subdivision design and improvement in the
governing bodies of cities, see Bus. and Prof. Code
§ 11525.
CROSS REFERENCES: Open Space, see Ch.
17.08 CVMC. Residential Construction Tax, see Ch.
3.32 CVMC.
18.40.010 Purpose and intent of provisions.
It is the purpose and intent of the provisions of this
chapter and, for the coastal zone, of the certified local
coastal program to require the reservation or
dedication of land directly benefiting the regulated
subdivision in order to provide for the necessary
public facilities and conservation of coastal resources
51
including, but not limited to, sites for parks,
recreational areas, and shoreline public access ways;
open space; environmentally sensitive habitat areas;
and schools, libraries, fire stations and police
substations. In addition to requirements for
reservation and dedication of lands, provision is made
herein for the payment of fees in lieu thereof for the
acquisition of lands outside of the regulated
subdivision, which lands will provide equivalent sites
for the purposes set forth herein to benefit said
regulated subdivision. In each case it is the intent that
the subdivision will receive the direct benefit upon
which the exaction was postulated. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.1101).
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0 18.40.020 Prerequisite to approval of final map or
w parcel map.
~"',, All parcels of land intended or needed for public
use .shall be dedicated to the city or ..irrevocably
offered for dedication before a final map or parcel
map is approved or irrevocably offered for dedication
on the map. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.1102(1)).
18.40.030 Title policy or certificate required.
All dedications and offers of dedication shall be
accompanied by a certificate of title or policy of title
insurance, issued by a title company authorized by
the laws of the state to write the same, showing the
names of all persons having a recorded interest in the
land to be dedicated or offered for dedication. Such
certificate or policy shall be submitted to the city
engineer at the time the final map or parcel map is
submitted for examination and certification. Any
recorded interest in the land to be dedicated shall be
subordinated to the City. After the final map is
recorded, or if dedications and offers of dedication are
by separate instrument, after such instrument or
instruments are recorded, a policy of title insurance
shall be issued for the benefit and protection of the
city. Any expense involved in complying with the
provisions of this section shall be borne by the
subdivider. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.1102(2)).
18.40.040 Drainage facilities dedication required
when.
If an improved drainage facility is determined to be
necessary for the general use of lot owners in the
subdivision or for local neighborhood drainage needs,
the subdivider shall dedicate an adequate right-of-way
for such facility. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code §_28.1102(3)).
18.40.050 Watercourses for storm drainage
required when.
If a subdivision is traversed by a watercourse,
channel, stream, creek or Swale, the subdivider shall
dedicate an adequate right-of-way for storm drainage
purposes. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.1102(4)).
18.40.060 Future streets.
Wherever it is determined that a street is necessary
for the future subdivision of the property as shown on
the subdivision map or for adjoining property, but that
the present dedication and construction of such street
is not warranted, the subdivider shall conditionally
52
offer such street for dedication. The widths and
locations of such streets shall be determined by the
city engineer. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 28.1102(5)).
18.40.070 Rights-of-way in process of
condemnation.
If an easement for aright-of-way required under the
provisions of this chapter is in the process of
condemnation by the city at the time of the filing of a
final map or parcel map, the subdivider shall offer the
right-of-way for dedication. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.1102(6)).
18.40.080 Access for fire protection required
when.
o In areas where, in the opinion of the fire chief, there
,~, will be a fire hazard to the watershed or any other
~ properties,. unobstructed easements not less than 15
feet wide to provide access for fire protection
equipment shall be dedicated from the public street to
the subdivision boundary. (Ord. 2100 § 1, 1985; Ord.
1369, 1971; prior code § 28.1102(7)).
18.40.090 Public utility easements.
Sanitary sewer, storm drain, and other public utility
easements required by the subdivision manual within
the subdivision shall be dedicated. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.1102(8)).
18.40.100 Rejected dedication offers to remain
open for later acceptance.
If, when the final map or parcel map is approved,
any streets, paths, alleys, or storm drainage
easements are rejected, the offer of dedication shall
remain open and the council may, by resolution at any
later date, and without further action by the
subdivider, rescind its action and accept and open the
streets, paths, alleys or storm drain easements for
public use, which acceptance shall be recorded in the
office of the county recorder. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.1102(9)).
18.40.110 New subdivisions -Connections
required.
New subdivisions shall connect to a dedicated and
improved (or bonded for) street and shall make
provision for dedication of necessary public rights-of-
way, including streets, pedestrian ways and utility
easements, within or adjacent to the subdivision.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.1103(1)).
18.40.120 Access right limitations required when.
Where it is in the interest of the public safety or
welfare to limit the access to any street or highway,
the subdivider may be required to waive direct access
rights or easement of access to any such street or
highway from any property shown on the final map as
abutting thereon. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.1103(2)).
18.40.130 New subdivisions -Public facility sites
required.
Tentative maps for new subdivisions shall indicate
sites for required public facilities, including, but not
limited to, sites for libraries, fire stations and police
substations. The required sites shall be offered to the
53
city for immediate purchase, or under exclusive option
for a period of two years from the date of execution, at
current unsubdivided land fair market values on said
date of execution plus interest and any necessary
costs incurred by the subdivider, from date of
execution to date of exercise of said option, which are
beneficial to the city. Such agreements shall be
executed prior to city approval of the final map or
parcel map, and shall be a condition of such approval.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.1103(3)).
18.40.140 New subdivisions -Street
continuations.
New subdivisions shall make the provision for the
~ continuation of existing streets in adjoining or
w adjacent subdivisions insofar as these may be
~"'„ necessary for public requirements. Streets shall be
extended to the boundary of the .subdivision to
provide suitable access to adjoining property. (Ord.
2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.1103(4)).
18.40.150 Streets or alleys lying along boundaries
- Partial dedication when.
A street or alley lying along the boundary of a
subdivision may be dedicated less than the full
required width, but in no case less than one-half the
required width, if it is practical to require the
dedication of the remaining width when the adjoining
property is subdivided. Such portion of a street shall
be distinctly designated upon the map or plat as being
a portion only of a street, and not the street in full
width. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.1103(5)).
18.40.160 Half streets or alleys -Dedication
required when.
Whenever there already exists a dedicated and
recorded half street or alley on an adjoining plat, the
other half must be dedicated on the proposed plat to
complete the street or alley right-of-way. (Ord. 2100
§ 1, 1985; Ord. 1369, 1971; prior code § 28.1103(6)).
18.40.170 Access to major canyon areas.
Where practicable, access shall be provided to
major canyon areas via streets, alleys or other public
ways as may be necessary to provide for future
development and public safety. (Ord. 2100 § 1, 1985;
Ord. 1369, 1971; prior code § 28.1103(7)).
18.40.180 Coastal zone -Public shoreline access.
dedication required when. ,
As a condition of a final map or parcel map, the
subdivider shall dedicate or make an irrevocable offer
of dedication of all parcels of land within the
subdivision that are needed for public shoreline
access easements consistent with the certified local
coastal program land use plan. All irrevocably offered
easements and lots shall be accepted by the City
within three years after the approval of the final map
pursuant to Section 66477.2 of the Map act (Ord.
2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.1103(8)).
Chapter 18.44
COVENANTS, PLANNED
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UNIT DEVELOPMENTS AND CONDOMINIUM
SUBDIVISIONS
Sections:
18.44.010 Declaration required -Contents -Scope of
applicability.
18.44.010 Declaration required -Contents -
Scope of applicability.
A. Purpose and Intent. It is the purpose of the city
council in adopting the requirements contained in this
section to provide and insure an alternate method of
enforcement of certain maintenance requirements
and other police power regulations imposed upon
planned unit developments, condominiums or other
subdivisions wherein a homeowners' association has
been established. It is the intent of the council to limit
their enforcement role to such areas of public concern
and to leave. all issues of a .private nature. to the
enforcement procedures provided to the owners of
units within such subdivisions.
B. Requirement for City's Enforcement Rights. The
subdivider of any planned unit development or
condominium subdivision shall be required to file with
the city a declaration of conditions, covenants and
restrictions, providing the City the right but not the
obligation to enforce the terms and conditions of said
declaration insofar as said enforcement applies to
areas of public concern such as, but not limited to, the
maintenance of open spaces, water quality facilities,
sewers, driveways and common areas and the
adherence to other ordinance regulations of the city.
The subdivider of any subdivision may file a similar
declaration. The declaration shall be subject to the
approval of the city Attorney concurrent with the
approval of the final map of the subdivision. Said
requirement shall also be applicable to any multiple
dwelling unit projects converted to such form of
ownership. (Ord. 2100 § 1, 1985; Ord. 2029 § 1,
1983; Ord. 1487 § 1, 1973; prior code § 28.1301).
Chapter 18.48
VIOLATIONS AND REMEDIES
Sections:
18.48.010 Purpose and intent of provisions.
18.48.020 Legally created parcels -Required for
granting of certain permits -Criteria for
determination.
18.48.030 Notice of violation -Required when -
Contents -Effect.
18.48.040 Certificate of compliance -Request for
determination authorized.
18.48.050 Certificate of compliance -Application
procedure -Documents to be submitted -
Fee.
18.48.060 Voidability of deeds or contracts violating
provisions.
18.48.070 Failure to comply and illegal division of
land deemed misdemeanor -Penalty.
18.48.080 Noncomplying lots - Filing map
subsequent to division permitted when.
18.48.090 Property outside corporate limits -
Compliance required when.
18.48.100 Unlawful subdivisions -Statutory authority
for restraint or enjoinment.
18.48.010 Purpose and intent of provisions.
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In accordance with the provisions of the Map act, it
is the purpose and intent of the city council to
establish procedures for placing purchasers of
illegally split lots on notice that such lot split occurred
in violation of the Map act and the requirements of
this title, and to provide for a means of certifying that
the real property does comply with the provisions of
the Map act and this title. (Ord. 2100 § 1, 1985; Ord.
1540 § 2, 1974; Ord. 1389, 1971; prior code
§ 28.601).
18.48.020 Legally created parcels -Required for
granting of certain permits -Criteria for
determination.
No building permit, grading permit nor any other
permit may be issued, nor any approval granted
necessary to develop any property, unless and until
said property has been determined to have been
legally created, or if the city engineer finds that
development of such real property is contrary to the
public health or the public safety; provided further,
such permits may be denied if the applicant was the
owner of the real property at the same time of the
violation or currently owns the property with the
knowledge of the violation as provided through a
notice of violation pursuant to the procedures set forth
herein.
For a parcel to be considered a legally created
parcel, its specific boundaries must have been
established or set forth by one of the following means:
A. A recorded subdivision map or parcel map;
B. A deed describing the parcel by a metes-and-
bounds description recorded prior to March 4, 1972.
pursuant to the Map act Section 66412.6
C. A record of survey recorded prior to August 7,
1955;
D. A licensed survey or a miscellaneous map
recorded prior to August 4, 1943;
E. Any of the above means combined with acity-
approved and recorded boundary adjustment plat.
(Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord. 1369,
1971; prior code § 28.602(A)).
18.48.030 Notice of violation -Required when -
Contents -Effect.
If the director of development services becomes
aware of any parcel which has not resulted from a
legal division or consolidation of property in
compliance with the Map act and applicable city
codes, he will send to the property owner, or owners,
of said property written notice notifying them of the
violation. This written notification will advise the
property owner(s) that:
A. The director of development services has
determined that subject property together with other
contiguous property has been divided or has resulted
from a division in violation of the Map act and
applicable city codes;
B. No building permit, grading permit nor any other
permit may be issued, nor any approval granted
necessary to develop said property, unless and until a
parcel map (subdivision map) is filed, approved and
recorded in full compliance with the Map act and
provisions of the Chula Vista Municipal Code adopted
pursuant thereto. It is the responsibility of the person
or persons (the seller) who divided this property in
violation of the Map act and this code to submit the
required parcel map (subdivision map);
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C. The director of development services will cause
a notice of violation to be recorded in the office of the
county recorder within 15 days of notification to
property owner(s) which will describe the violation and
the property and name the owner(s) thereof. This
notice when recorded will be constructive notice of the
violation to all successors in interest of said property;
D. Section 66499.32 of the Map act contains
provisions for certain persons to rescind the sale of
legally created parcels and/or to bring an action to
recover any damage suffered by reason of such
division. Said section also provides that any such
action or rescission must be initiated within one year
of the date of the discovery of such violation;
E. If subject property was purchased through a
licensed real estate salesman or broker within the
past three years and it is felt that the property was
misrepresented; the Department of Real Estate
desires that they be notified. (Ord. 2100 § 1, 1985;
Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior code
§ 28.602(8)).
18.48.040 Certificate of compliance -Request for
determination authorized.
In accordance with Section 66499.35 of the
Business and Professions Code, any person owning
real property may request, and the city shall
determine, whether said property complies with the
provisions of the Map act and of this title, and thus,
constitutes a legal and buildable lot. (Ord. 2100 § 1,
1985; Ord. 1540 § 2, 1974; Ord. 1369, 1971; prior
code § 28.603).
18.48.050 Certificate of compliance -Application
procedure -Documents to be submitted -Fee.
A. Application.
1. Application for a certificate of compliance shall
be made with the development services department in
accordance with the following specifications:
a. The plat shall be drawn on a form prescribed
by the director of development services. Such forms
are available in the development services department
upon request;
b. The plat shall be drawn to a minimum scale
of one inch equals 100 feet.
2. Each plat shall contain the following
information:
a. A plat number, as issued by the
development services department;
b. North arrow and scale;
c. Name, address, telephone number and
notarized signature of owner(s);
d. The plat should be prepared,by an engineer
or surveyor, with his or her name, address, telephone
number, and registration or license number;
e. A vicinity map with north arrow and scale
indicated;
f. A legal description of the land to define the
boundaries of the ownership involved and the tax
assessor's parcel number(s);
g. The boundaries, to be shown as a solid line,
with bearings (directions) and distances labeled along
boundaries;
h. The net share of subject parcel;
i. The location, width and names, if any, of all
existing streets providing access to the property and
the location, width and purpose of all easements
57
which lie within or immediately adjacent to the exterior
boundaries of the parcel;
j. Full identification of all referenced maps, by
map type and number;
k. The location of all existing buildings and
structures and their uses, the distance between such
buildings and structures, and the distance between
each building or structure and the boundary of the lot;
I. A statement of the existing zoning and any
proposed zoning.
m. A notice stating the following:
This certificate relates on to issues of
compliance or noncompliance with the Subdivision
Map Act and local ordinances enacted pursuant
° thereto. The parcel described herein may be sold,
^' leased or financed without further compliance with the
~ Subdivision Map Act or any local ordinance enacted
pursuant hereto. Development of the parcel may
require issuance of a permit or permits, or other
grants of approval.
B. The request for certification shall also include:
1. A legible copy of the current owner's grant
deed;
2. Documentation of recorded access to the
subject property unless abutting a public street;
3. The required filing fee(s). (Ord. 2506 § 1,
1992; Ord. 2100 § 1, 1985; Ord. 1540 § 2, 1974; Ord.
1369, 1971; prior code § 28.604).
18.48.060 Voidability of deeds or contracts
violating provisions.
Any deed of conveyance, sale or contract to sell
made contrary to the provisions of this title is voidable
at the sole option of the grantee, buyer or person
contracting to purchase; his heirs; personal
representative; or trustee in solvency or bankruptcy
within one year after the date of execution of the deed
of conveyance, sale or contract to sell; but the deed of
conveyance, sale or contract to sell is binding upon
any assignee or transferee of the grantee, buyer or
person contracting to purchase, other than those
above enumerated, and upon the grantor, vendor or
person contracting to sell, or his assignee, heir or
devisee. (Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior
code § 28.107).
18.48.070 Failure to comply and illegal division of
land deemed misdemeanor -Penalty.
Those parcels of land which are subdivided
contrary to the provisions_of this title shall not
constitute legal building sites and no~~permit shall be
issued for the installation of fixtures or equipment or
for the erection, construction, conversion,
establishment, alternation or enlargement of any
building, structure or improvement thereon unless and
until a map as required by CVMC 18.04.110 shall
have been filed, approved in accordance with the
requirements of this title, and recorded, and any
person who subdivides or causes to be subdivided
land without complying in all respects with the
provisions of this title shall be subject to prosecution
for a misdemeanor as defined hereinafter. Any offer to
sell, contract to sell, sale or deed of conveyance
made contrary to the provisions of this title is a
misdemeanor, and any person, firm or corporation,
58
upon conviction thereof, shall be punishable by a fine
of not more than $10,000.00, or imprisonment in the
county jail for a period of not more than one year, or
by both such fine and imprisonment. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.108).
18.48.080 Noncomplying lots -Filing map
subsequent to division permitted when.
The purchaser, or his successor in interest, of a lot
which is the result of a division of land that did not
comply with the provisions of this title may file a final
or parcel map as required in this code, which shall
comply in all respects with the provisions of this title.
(Ord. 2100 § 1, 1985; Ord. 1369, 1971; prior code
§ 28.109(1)).
0 18.48.090 Property outside corporate limits -
w Compliance-required when.
o All plats of property situated outside the corporate
limits which require action by the commission and the
City engineer prior to annexation shall comply with the
foregoing regulations insofar as applicable, subject to
the limitations of Section 66413 of the Map act of the
state of California. (Ord. 2100 § 1, 1985; Ord. 1369,
1971; prior code § 28.109(2)).
18.48.100 Unlawful subdivisions -Statutory
authority for restraint or enjoinment.
The City or any person, firm or corporation may file
a suit in the superior court to restrain or enjoin any
attempted or proposed subdivision or sale in violation
of this title pursuant to the authority of Section
66499.33 of the Map act of the state. (Ord. 2100 § 1,
1985; Ord. 1369, 1971; prior code § 28.110).
Chapter 18.52
APPEALS
Sections:
18.52.010 Procedure -Time limit for commencement.
18.52.010 Procedure -Time limit for
commencement.
Any action or proceeding to attack, review, set
aside, void, or annul the decision of an advisory
agency, appeal board, or legislative body concerning
a subdivision, or of any of the proceedings, acts, or
determinations taken, done, or made prior to the
decision, or to determine the reasonableness, legality,
or validity of any condition attached thereto, including,
but not limited to, the approval of a tentative map or
final map, shall not be maintained by any person
unless the action or proceeding is commenced and
service of summons effected within 90 days. after the
date of the decision. Thereafter all persons are barred
from any action or proceeding or any defense of
invalidity or unreasonableness of the decision or of
the proceedings, acts, or determinations.
For subdivisions located in the coastal zone, any
person, including an applicant for a coastal
development permit or the Coastal Commission, who
is aggrieved by the decision or action of the City
Council shall have a right to judicial review of such
decision or action by filing a petition or writ of
mandate in accordance with the provisions of Section
1094.5 of the Code of Civil Procedure within 60 days
after the decision or action has become final. For
purposes of this section, the term "aggrieved person"
means any person who, in person or through a
59
representative, appeared at the public hearing of the
redevelopment agency, or who, by other appropriate
means prior to the hearing, informed the
redevelopment agency of the nature of his or her
concerns. (Ord. 2100 § 1, 1985; Ord. 1369, 1971;
prior code § 18.1201).
Chapter 18.54
FLOODPLAIN REGULATIONS
(Recodified as Chapter 14.18 CVMC by Ord. 3097)
J
0
N
J
60
RESOLUTION NO.2010-
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL ADOPTING A COUNCIL POLICY RELATED TO
THE PUBLIC PARTICPATION FOR THE PURPOSE OF
PROCESS IMPROVEMENTS.
WHEREAS, in February 2009, the Development Services Department initiated a review
of the City's development processes to determine what improvements could be made to reduce
redundancy, administrative costs and processing timelines while not sacrificing opportunities for
early and often public input and review. The effort is referred to as the Process Improvements
Program ("Project"); and
WHEREAS, a staff committee was convened to identify a series of short and long term
issues that needed to be addressed to improve the development review process; and
WHEREAS, in the spring of 2009, a 25 member Development Services Oversight
Committee ("Oversight Committee"), comprised of developers, business owners, community
organizations, engineers, architects, and contractors was formed to work with staff in identifying
additional areas that needed improvement and assist in developing workable solutions; and
WHEREAS, in September 2009 and October 2009, draft code amendments were
presented to the Oversight Committee to obtain feedback on some of the major elements of the
proposed process improvements that had been drafted to date; and
WHEREAS, on November 12, 2009, a joint workshop with the Planning Commission
and Chula Visa Redevelopment Corporation was held to review and obtain feedback on some of
the major elements of the proposed process improvements that had been drafted to date and
initial ideas regarding improvements to public participation: the feedback of which has been
incorporated into the draft Municipal Code amendments; and
WHEREAS, on January 13, 2010, staff presented to the Oversight Committee a draft
comprehensive approach for Public Participation as it relates to the development review, and
obtained input from the Oversight Committee; and
WHEREAS, on February 11, 2010, staff presented to the Chula Vista Redevelopment
Corporation the draft comprehensive approach for Public Participation as it relates to the
development review process, and in particular to redevelopment areas, which currently use the
Redevelopment Advisory Committee ("RAC") as the venue for public input; and obtained input
from the Board; and
WHEREAS, on February 18, 2010, the Oversight Committee recommended, with full
consensus, that staff proceed with the draft recommendations for the first phase of Process
Improvements Program, which include a comprehensive citywide approach to public
10-262
Resolution 2010-
Page 2
participation as well as other process improvement measures including but not limited to
delegating decision levels on permits; consolidating hearings for projects with multiple permits;
streamlining the appeal process; modifying parking and non-conforming uses/structures
regulations; and reducing review authority redundancies between the Planning Commission and
CVRC; and
WHEREAS, on March 4, 2010, staff provided, as an information item to the RAC, the
draft comprehensive approach for Public Participation as it relates to the development review
process, and in particular to redevelopment areas, which currently use the RAC as the venue for
public input. The RAC supported the comprehensive approach for Public Participation as it
relates to the development review; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity 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 activity is not
subject to CEQA. Thus, no environmental review is necessary; and
WHEREAS, a hearing time and place was set by the Planning Commission for
consideration of the Project and notice of said hearing, together with its purpose, was givers by its
publication in a newspaper of general circulation in the City, at least ten (10) days prior to the
hearing; and
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
said Project at the time and place as advertised, namely March 24, 2010 at 6 p.m. in the Council
Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
WHEREAS, the Planning Commission voted 6-0-0-1 to recommend that the City of
Chula Vista City Council approve an ordinance amending various sections of the Chula Vista
Municipal Code Title 19 for the purpose of process improvements; and supported other process
improvements including those related to the proposed new Council Policy which would
implement a comprehensive approach for Public Participation as it relates to the development
review process; and
WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment
Corporation for consideration of the Project and notice of said hearing, together with its purpose,
was given by its publication in a newspaper of general circulation in the City, at least ten (10)
days prior to the hearing; and
WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public
hearing to consider said Project at the time and place as advertised, namely March 25, 2010 at 4
p.m. in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed.
WHEREAS, the Chula Vista Redevelopment Corporation voted 6-0-0-1 to recommend
that the City of Chula Vista City Council approve an ordinance amending various sections of the
10-263
Resolution 2010-
Page 3
Chula Vista Municipal Code Title 19 for the purpose of process improvements; and supported
other process improvements including those related to the proposed new Council Policy which
would implement a comprehensive approach for Public Participation as it relates to the
development review process; and
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council
hereby adopts the new Council Policy -Public Participation Program (Exhibit A) to implement a
comprehensive approach for Public Participation as it relates to the development review process.
PRESENTED BY:
Gary Halbert, P.E., AICP
Deputy City Manager/Development
Services Director
Exhibit A: Council Policy -Public Participation Program
10-264
Fxhihit A
COUNCIL POLICY
CITY OF CHULA VISTA
Public Participation POLICY EFFECTIVE
NUMBER DATE PAGE
1 OF 3
ADOPTED BY:
DATED:
AMENDED BY: Resolution No. (date of
BACKGROUND
In February 2009, the Development Services Department launched the Process Improvement Program
to review the City's development review process to determine improvements that could streamline it,
increase transparency, improve public access, make it more predictable for applicants and reduce the
cost. One goal of the Process Improvement Program was to respond to concerns about the complexity
of the City's development process; including the use of two different public input processes for
projects that are either in or out of designated redevelopment project areas.
The Process Improvement Program resulted in amendments to the City's Municipal Code* that
consolidated project hearings into a single hearing (where previously several hearings had been
required) and the delegation of some minor project approvals to the Zoning Administrator. Through
the Process Improvement Program it was determined that measures to streamline the process needed
to be balanced with the public's ability to provide input on development projects.
PURPOSE
To ensure that the public has the opportunity to obtain information about development projects and
provide input and feedback on projects throughout the review/entitlement process in a consistent
citywide process.
POLICY
The City will use this Community Input Process for all development projects in the City both inside
and outside of designated redevelopment project areas.
Staff will keep and periodically update an Always Notice list for use in sending out public notices.
The Always Notice list will include contact information for Community Organizations, Business
Associations and individuals who request receipt of all public notices. Staff will create a mechanism
through the City's website for being added to the Always Notice list.
A Notice of Application will be sent out to all property owners within 500 feet of a project site within
ten (10) days of the application being deemed complete. The notice will include a brief project
description, project location, entitlement processes that the project will be required to go through and
the name and contact information for the staff project manager. The Notice of Application will also be
posted on the City's website. This notification will make concerned members of the public aware of
pending applications earlier on in the development review process.
Staff will arrange a Community Meeting for all projects that will have a "Consolidated Hearing"**
and any other project requiring a public hearing that results in a significant response from the public to
the Notice of Application. In addition, staff will arrange a Community Meeting for any administrative
a»nrnval nrniert that recnltc in cianifirant recnnnce from the nnhlin to the Nntire of Annliratinn
10-265
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Public Participation POLICY EFFECTIVE
NUMBER DATE PAGE
20F3
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
Neighbors within 500 feet and interested parties on the "Always List" would be invited to the
Community Meeting.
The Community Meeting will beheld early in the process, after the project application has been
deemed complete and the first internal review of the project has been completed. The meeting will be
held early enough in the process to allow for public comments to be considered by the applicant and
staff and appropriate changes made to the project.
While staff will help facilitate the Community Meeting, the Applicant will have the primary role since
this is their opportunity to dialogue with potential future neighbors. Staff will provide the applicant
with an outline of the presentation components to ensure that the applicant covers all of the important
information about the project. Staff administration would be limited to setting meeting locations and
being available to answer questions about the process, policies and regulations affecting the project.
No formal staff report will be prepared.
The applicant will be provided with the names and contact numbers for all Community Organizations
and Business Associations and will be encouraged to seek their early input on projects. Staff will
encourage the applicant to have on-going dialogue with the interested Community Organizations and
Business Associations throughout the processing of the project.
An "Open House" format will be used at the Community Meeting. After the initial presentation of the
project by the applicant, "stations" will be set up around the room to give the community members an
opportunity to have one on one conversation with the applicant and consulting team about the project.
Staff will take notes at the Community Meeting and prepare a "Record of Meeting" that summarizes
the issues and suggestions that were raised at the meeting. At subsequent Design Review Board
(DRB), Chula Vista Redevelopment Corporation (CVRC) or Planning Commission (PC) meetings the
members will be advised of the issues raised previously by the community as well as how the
applicant addressed the issues.
The DRB*** and CVRC will provide an optional Preliminary Review on projects that are complex or
that the community has raised concerns about at the Community Meeting. This will give the DRB***
or CVRC the opportunity to raise any early concerns about the project and will provide the public
another opportunity to provide input prior to final consideration of the project by the DRB** * or
CVRC. The Preliminary Review will be after the Community Meeting but prior to consideration of
the project by the DRB*** or CVRC. Preliminary Reviews will be included on the DRB*** or
CVRC agenda. The agenda is posted 72 hours prior to the meeting and sent to everyone on the
Alwa s Notice List.
10-266
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: Public Participation POLICY EFFECTIVE
NUMBER DATE PAGE
30F3
ADOPTED BY: (Resolution No.) DATED:
AMENDED BY: Resolution No. (date of resolution)
All Zoning Administrator (ZA) decisions will be posted on the City's website. ZA decisions will also
be provided to any member of the public who has made a request during the review process to receive
it. ZA Notices of Decision will be sent out on the day following the ZA action.
* The amendments proposed to the City's Municipal Code as a part of the Process Improvement
Program are tentatively scheduled for consideration by the City Council in the Spring of 2010.
** A Consolidated Hearing is required when a single development project involves more than one
permit or any approval that requires consideration by more than one decision making authority. In
that case the applications are consolidated for processing and reviewed by a single decision maker
or decision making body.
** * In the case of a consolidated hearing where the PC takes on the role of the DRB, the PC will
provide the optional Preliminary Review for the project.
10-267