HomeMy WebLinkAbout2010/05/04 Item 4ORDINANCE NO. 2010- AND ADOp-~~pN 1
ORDINANCE OF THE CITY OF CHULA VI ~~~~NCIL
AMENDING VARIOUS SECTIONS ~~~ 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
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
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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
apprqach 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 Califomia 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
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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? (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
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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.
III. 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 ServicesJ
Deputy City Manager
Ci
Exhibits:
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Exhibit A: Amendments to CYMC Title 19 (Planning and Zoning)
Exhibit B: Amendments to CYMC Title 2 (Administration and Personnel)
Exhibit C: Amendments to CCMC Title 18 (Subdivisions)
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Chapter 19.10
ZONES ESTABLISHED
Sections:
i19.10.010 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:
A. A, agricultural zone;
B. R-E, residential estates zone;
C. R-1, single-family residence zone;
D. R-2, one- and two-family residence zone;
E MHP - exclusive mobile home park zone'
E~. R-3, apartment residential zone;
~". CoO, administrative and professional office zone;
HG. CoB, central business zone;
jj:I. CoN, neighborhood commercial zone;
Jj. C-C, central commercial zone;
KJ. C-V, visitor commercial zone;
lK CoT, thoroughfare commercial ZDne;
Mb. I-R, research industrial ZDne;
tiM. I-L, limited industrial ZDne;
QN. I, general industrial zone;
P. P-O public {cuasi public ZDne
QG. P-C, planned community zone;
BP. F-1, floodway zone;
SQ. T, tidelands zone;
TR Unclassified uses. (Ord. 135611 1, 1971; Ord. 1212
9C1969; prior cDde 933.301).
19.10020 Modifying districts - Designated.
The districts set forth below are termed "mDdifying
districts." The regulations Df each such district shall apply
in lieu Df or in additiDn tD the regulations of the basic district
listed in CVMC 19.10.010 with which the modifying district
is combined.
A. D, design control modifying district;
B. 5, height of buildings (stories) modifying district;
C. P, precise plan modifying district;
D. E, equestrian modifying district;
E. PUD, planned Unit development mDdifying district;
F. H, hillside modifying district. (Ord. 1849 9 1, 1979;
Ord. 151291,1973; Ord. 136491,1971; Ord. 121291,
1969; prior cDde 9 33.302).
19.10.030 Classification Df annexed territDry.
All territDry hereafter annexed tD the city shall be
classified as a part Df that zoning district of the city
recommended by the planning commission and specified
by the city council at the time of annexation thereof. Said
district shall be in general accordance with the general
plan. (Ord. 121211 1, 1969; prior code 933.303)
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EXHIBIT A
'19.10.040 Regulations applying tD all zones and districts.
: Except as Dtherwise provided;
: A. No building or part thereof or other structure shall be
erected, altered, added to or enlarged, nDr shall any land,
bfJilding, structure Dr premises be used, designated or
: intended to be used far any purpose, or in any manner,
Dtherthan is included amDng the uses hereinafter listed as
permitted in the district in which such building, land Dr
premises is located.
B. No building or part thereof or structure shall be
erected, reconstructed or structurally altered to exceed in
height the limit hereinafter designated for the district in
which such building is located.
. C. No building or part thereof or structure shall be
e'rected, 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 tD the yard, building site area, and
building location regulations hereinafter designated far the
jdistrict in which such building or open space is located.
. D. ND yard or ather open space provided about any
'building far the purpose of complying with the provisions of
. this title shall be considered as providing a yard or open
space far any ather building, and no yard Dr ather open
: space an one building site shall be considered as providing
a yard or open space far building an any ather building site.
(Ord. 121291, 1969; prior code 933.304).
Sections;
:19.12.0'10-
: 19.12.020
19.12.030
19.12.040
19.12.050
19.12.060
19.12.070
!19.12.080
: 19.12.090
19.12.100
19.12.110
19.12.120
,19.12.130
Chapter 19.12
LEGISLATIVE ZONING PROCEDURE
n ___. __
Purpose, intent and scope of provisions -
Zoning defined.
Authorization far requirements.
Rezoning - Application required - Filing
fee.
Setback lines - Establishment and change
procedure.
Modifying districts - Establishment or
attachment procedure.
Hearings - Required when.
Hearings - Notice required - Methods and
additiDnal cDntents of nDtice.
Hearings - Notice required - Contents.
Commission - Authorization of actions and
determination of restrictiveness of
zones.
Commission
Procedure.
Commission - Denial actions - Appeal
procedure.
Attachment of
improvements
requirements.
Interim zoning - Procedure generally -
Time limit.
Approval
actions
conditions
and precise
Public
plan
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: 19.12.140 Prezoning - Procedure generally - When
effective.
,19.12.150 Adopted redevelopment plans.
i 19.12.01 0 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 penmitted uses and
.regulations, as well as the comprehensive and unifomn
: 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
owners 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 confomnance with the general plan of the city,
and after due consideration and report on same by the
planning 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
and defined in this title. The procedure for adopting such
ordinances may be noticed by a resolution of intention of
the planning commission, or of the council. or by an
affimned application of One or more of the owners or parties
having 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
classification or reclassification of zones made by one or
more owners or parties of interest In the property within the
area to be affected by the proposed action shall be filed
with the development services director gf ~1'mRin.,
accompanied by such data and infomnation 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 fomn as approved by the
development services director_laRA in. Gomf1'1is"i9A and
shall be affirmed by the applicant. Each application shall be
accompanied by the required filing fee(s) (Ord. 2506 9 1,
1992; Ord 185493,1979; Ord. 181391,1978; Ord. 1371
~ 1, 1971; Ord. 121291,1969; prior code 9 33.1201(3)).
19.12.040 Setback lines - Establishment and change
proced ure.
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EXHIBIT A
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 1912030 for a
change of zoning. (Ord. 121451, 1969; Ord. 1212 91,
1969; prior code 9 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. 136491, 1971; prior code 9 33.1201(5)).
,
'19.12.060 Hearings - Required when.
Upon the filing 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~
i pl3nning. (Ord. 12125 1. 1969; prior code 9 331202).
,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 ~OO 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 gf pI3nni,,~ ' notice shall also be sent in this
manner to the current occupants of said property. The
notice boundarv mav be increased at the discretion of the
develooment services director; or
. C. In certain instances where maiied 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
,be mailed or posted at least 10 days prior to the date set
for the public hearing, and the develooment services
director 91 planniA. 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
r such notice shall invalidate the public hearing if said
i interested parties receive actual notice by any other means
'and are aware of the matter to be considered at the public
[hearing
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Whom application is ma~e fcr :3 chanse of class'~cotien
er cl1aAso ef beHn~aries er a variaAce er ler a cOA~itienal
~se pormit, the direotor af planAiA" or tl1e ploAAins
'cef!1missioA sl1alll1o'le the ~iscretieA 10 inclHae in netice Q/
itho hOJ.riAS} en 6:bleA Sl3l3liC::J.tion notiGo tA:at thE! F11:3ARjn~
,c8f!1missieA will saAsi~er classi~caliaA af ather tRan tl10t for
:whicR applicatioA is f!1ode andler oa~itieAal proper-ties
;3r=1g'er blS8S.
D. Notices shall be mailed to any individuals who have
: requested in writinQ to be provided public notices. A fee, in
'the amount as presentlv desiqnated or as mav be in the
,future amended in the master fee schedule, shall
accompany each request lOrd. 1212 & 1 1969: prior code
,& 33.1202IA))
19.12.080 Hearings - Notice required - Contents.
The notice shall contain the following information:
A. The boundaries, either by diagram, plat or brief
\descriptien, of the area proposed to be zoned;
, B. The zone into which said area is sought to be placed:
C. ,^, stateffiant that Ihe planAiAs cammission resePles
i the ri"Rt t9 ",ake "AY of tl1e Iello'.viA" mcommendatiom: t9
,the cit~' GOl1nci[:
1. TRat said prapert; be pl"ce~ In the zene
pmpased iA tRe Rotioe,
2. TRat the preperty Ret 138 rezened, er
.. That tRe pfGperty be plaseEl IR any etAar "'are
mstr'ctivo zone ElescriaeEl and dofiReEl iR this title, whish, iA
the epinien ef tAe pl"nRiA" commisslan, Best serves tAa
ir;Jl:islis iFltsrBE:t;
CG. The date, time and place of hearing before the
,pla-;;ning commission;
, Q~. A statement that any property owner may appear
!and be heard before said planning commission.
: Mailing of notices shall not be required for establishment
:or amendment of comprehensive zoning laws. (Ord. 1212
;91, 1969; prior code 9 33.1202(8))
:19.12.090 Commission - Authorization of actions and
i 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
i portion of the comprehensive zoning law or the
~ classification or reclassification of property to any zone, the
I
'commission may recommend, by the affirmative vote of not
'less than a majerity 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 ef property in particular zones as requested by
,the applicant, or the inclusion of the property into any other
,more restrictive zone as defined and classified in this title,
,or into any of the cemmercial zones which are equally
irestrictive. For the purpose of detemnining the
; restrictiveness of zones, the order in whic~ a zone appears
'in this titie shall govern: the lower the number of the
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EXHIBIT A
,section, the more restrictive the ZOne is in relation te other
'zones established by this title. If such required findings
cannot be made, the commission shall deny the
application. (Ord 121291,1969; prior coda 9 33.1203)
19.1~.100 Commission - Recommendationl'.~~reval
actions - Procedure.
Oncelf the application IS considered bv the piannlnq
commissionappra'iea ar a mere restriche zone
rGcammenaed, the cemmission shall fO/ward its resolution
and the applicatien with a report of its findings to the city
,cieri< 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. 237491, 1990; Ord. 1212 91, 1969;
prior code 9 33.1203(1)).
119.12.110 CQmmissi9R C9Aial aGti9Rs .'p~eal
~r9G9GY~e.
If aA a~~licatiaA far c_ange or recla.silisatiaR ar a~aption
ar amenameAt ef tho Gemprehanel','e zonin" iaw is den lea
ay the commiesiaA, the applicant er intemsted party may,
'within 10 Ela)'. 9f toe date af the "'ailiA" ef the netilisatian
: 9f EleRial, ::ippeal te the cit~' G9"Acil ay written netise of
ap~eal ~leEl with the Gir; clerk. S"SR appe31 sAal1 Be IIled in
eHplicote aREI sRall wt fer-tR spacir,eally wherein tAe
E8mmiEsion's 'RRsiASS wore ir=l erfQr :md "'heroin tna pl:;JsliG
Rac:m:siPj, con\!eni9R~e, 'l/olbre or Elggg Z9r:1iR~ pr::Jctic:c
re~uiree SHCR sl1aAse er reslassilicatiaR. Upon receipt af
sHcR appeal, the city clerk shall set the R13ttor fa" Raarin@
In the manner prescribee _ereiR, GAG SA all faPNara the
IiAeln"s of bst af the planAiR@ 88mFf1iseieR te the cily
:caHRcll. The sitj cayncil "'a,', after the p~blic hearlR" aREI
:ssF1siEfer:3tlon af tR8 ffi3ttor, 3~iFm tha 3GticJA ef tAe
'plGnnin" so""",ieeiaA ar I'AGY grant the appeal er a
'meailiG"tiaR thereaf b,. tRe atRr",ati"e vote af net less thaR
;3 ma]arity of its total membership. (Qra. 219. ~ 1, 1987;
;Ord, 1212~ 1, 1969; priarsade~ ...1203(2))
i
:19.12.120 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
the 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 metion that all public
: improvements, including streets and sidewalks and
'drainage facilities, as well as necessary dedications
,deemed 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.
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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
,property 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
: 1956.040 through 19.56.048. The procedures for
'submission and approval of a precise plan are set forth in
I
;CVMC 19.14.570 through 19.14.580. (Ord. 1632991,3,
1975; Ord. 122291,1969; prior code 9 33.1204).
I
'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
:council, to protect the public safety, health and welfare,
i may adopt, as an urgency measure, an interim ordinance
; prohibiting any uses which may be in conflict with a
I contemplated zoning proposal which the city council,
I planning commission or development services department
i is considering or studying or intends to study within a
: reasonable time. Such urgency measure shall require four-
fifths 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.
lafter said notice, pursuant to CVMC 19.12.060 through
11912.080, and public hearing, the city council may, by a
'four-fifths vote, extend such interim ordinance for one year.
I Not more than two such extensions may be adopted. When
I such interim ordinance has been adopted, every
1 subsequent ordinance adapted pursuant to this section,
i covering the whole or part of the same property, shall
iautomatically terminate and be of no further force and
i effect upon the termination of the first such ordinance or
I any 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
[public hearing by the city council to detenmine 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
the property owner. At the public hearing, the property
owner shall set forth all reasons why relief is appropriate
and the city council may approve, condibonally approve or
deny relief from the restriDbons of the interim ordinance.
(Ord. 2235 92, 1987; Ord. 1212 91, 1969; prior code
9 33.1205(1 )).
19.12.140 Prezaning - Procedure generally - When
effective.
The city council may prezone unincorporated territory
adjoining the city for the purpose of determining the zoning
that will apply to such property in the event of subsequent
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EXHIBIT A
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 feels) in accordance with Section 57004 of the
. Government Code. Such zoning shall become effecbve at
the same time that the annexation becomes effective. (Ord.
,2506 91, 1992: Ord. 1212 91, 1969; prior code
933.1205(2)).
19.12.150 Adopted redevelopment plans.
. If, and in the event that, the city council adopts or has
,hereto1ore 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 pian 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
development of the land and shall supersede any zoning
regulations 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. 190091,1980).
Chapter 19.14
ADMINISTRATIVE PROCEDURES. ,Permits:
, Applications: HearinQs: Appeals CONDITlmJ^L USES
AND '!.^.RIMICES
1 Sections;
!19.14-.0-10-Purpose-and inteiitol provision"s.
,
'19.14.020 Zoning administrator - Creation of position:
Authoritv.
Zonino Administrator - Duties
Zoning administrator - Actions authorized
without public hearing.
,19.14.035 ZoninQ administrator - Actions authorized
without public hearino - Application -
Fee.
Zonino administrator - Public hearino
required when.
'19.11.919 '/ariaRses P"elic haaring raquirad when
<;xce~lianc.
: 19.14 050 Public hearing Mandatory when;
Consolidation of Public Hearinos for
Multicle Penmit Aoolications.
19.14.060 Conditional use permit - Defined -
Purpose and intent.
.19.14.070 Conditional use penmit - Application - Fee
- Public hearing.
19.14.080 Conditional use permit - Prerequisites for
granbng.
'19.14.025
, 19.14.030
'19.14.040
I
4-9
04/14/201003'29'20] 9
19.14.090
19.14.100
19.14.110
19.14.120
,19.14130
19.14.140
.19.14.150
19.14.160
19.14.170
i19.14180
19.14.190
: 19.14.200
,
'19.14.210
,19.14.229
,19.14.21
:19.142
,
,19.14.250
19.14.260
;19.14.270
;
,19.14.330
1
; 19.14.340
,19.14.350
,
i 1914.360
1 19.14.370
19.14380
19.14.390
]
'19.14.400
:19.14.410
19.14.420
,1914.430
19.14.440
marv\
Conditional use permit - Public hearing
procedure - Finding of facts.
Conditional use permit - Appeals -
Procedure generally.
Conditional use permit - Appeals - Form -
Contents - Effect of filing.
Conditional use permit - Appeals - City
clerk duties.
Conditional use permit - Appeals - City
council action - Resolution contents
and transmittal.
Variance - Defined - Purpose and intent -
Prohibited when.
Variance - Application.
Variance - Fee required.
Variance - Accompanying documents
required.
Variance - Public hearing - Procedure -
Notice required.
Variance - Prerequisites for granting.
Variance - Grounds for denial - Recurrent
conditions.
Variance - loning administrator authonty -
Notice of action.
V3ri;mce Prere~uisite te iss~aRGe ef
;!9F1iA@lpermit.
Exhibit A
~
~.,~~~..... "'''':::I' . --".... "--,..,~.
Variance - Appeals - City council action.
Conditional use permit or variance - Time
limit for utilization - Void when -
Extensions - Validity.
Procedures for enforcing conditional use
permits and variances.
Planned unit development - Approval
prerequisite to zoning permit issuance.
Planned unit development - Application -
Documents required.
Planned unit development - Multiple
ownership property requirements.
Planned unit development - Fees.
Planned unit development - Public hearing
- Time - Notice required.
Planned unit development - Planning
commission action.
Planned unit development - City council
action and authority.
Planned unit development - Zoning permit
- Issuance authority -Inspections.
Planned unit development - Zoning permit
- Revocation conditions - Procedure.
Site plan and architectural approval -
Purpose - Prerequisite for certain uses.
Site plan and architectural approval -
Application.
Site plan ~nd architectural approval - Fee.
Page 5_
4-10
EXHIBIT A
,19.14.450 Site plan and architectural approval _
Accompanying maps and drawings
required.
,1914460 Site plan and architectural approval _
Zoning administrator determination
authority - Endorsement required when.
1914.470 Site plan and architectural approval -
Principles to be observed.
19.14.480 Site plan and architectural approval -
Zoning permit issuance prerequisite -
Building inspector authority - Appeals
19.14.485 Landscape plan approval - Purpose -
Required when.
,19.14486 Landscape plan approval - Application -
Accompanying documents - Fee,
,19.14.490 Home occupations - Permit required when
- Restrictions and requirements -
Revocation when - Appeals.
19.1 UOg ZQAiR~ ~ermit Rcquired whcA
")(Ge~tiGn~.
ZGAIA~ ~er"'it .^.~~liGati6A.
ZGAin~ ~efFAit Accomp3nying documcAtc
re~uiree.
19.11639 Z8RiR~ ~efFAit IS6_aRse ~r8r8~uisites
Ca"'~li3AGe requiroe.
19.1464Q laRiA@ ~er",it u~c li""itali8n~ Dis~13Y of
~er",it re~uiree.
i 1 9.14.550 Zoning ~ermit Gre~nds for re'laGGtiGA
~Iatise ra~uiree Ti""e li""lt for ~sc.
Precise plan approval.
Precise plan approval - Application and
fee.
'19.14.572 Precise plan approval
I information.
Precise plan approval - Public hearings.
Precise plan approval Planning
commission action.
Precise plan approval - City council action.
Precise plan approval - Findings.
Precise plan approval - Modifications of
i the precise plan.
;19.14.578 Precise plan approval
administrator.
Precise plan approval - Multiple-family
dwellings and commercial or industrial
projects ,
,19.14.580 Precise plan approval - Multiple-family
dwellings and commercial or industrial
projects - loning administrator.
Design review committee - Creation.
Design review committee - Duties and
responsibilities,
119.14583 Design review committee
procedure.
i 19, 14,584 Design review committee - Membership
qualifications.
,19.14586 Design review committee - Removal or
vacancy.
.19.14.587 Design review committee - Quorum.
04/14/20\001'29/211111
:19.14.610
'19.1UZO
'19.14,570
19.14.571
Required
,19.14.573
;19.14.574
,
,
11914575
'19.14576
19.14.577
loning
;
;
i19.14.579
:19,14581
]1914582
Appeal
19.14.588
Design review committee - Schedule of
meetings.
Design review committee - Election of
officers.
Fees for appeals and requested actions
before the planning commission and
zoning administrator.
Continuance of project.
Implementation of design review committee
functions in designated areas by Chula
Vista redevelopment corporation.
Design review approval - Time limit for
implementation - Extensions.
,19.14.589
19.14.590
:1914.591
,1914592
,1914.600
'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,
aCDlications hearinas and acceals so as to provide clear
instructions to property owners and developers and carry
out the purpose of this title. The aamini<trative ~rgces~ros
iAGer~9r:3teg herein 3.re tAe GensitieFlal ~&9 f)err;;:!it, whisR i8
reqtJirod fer tR9s:e blEes s~eGifkJlly ~Gr:mit:teg ',vitl=1iFl cert:Jin
zones t;H.lt alls'oJee SA I)' blpeA finaiRQ 9f ~ort1iR fasts: ::ms
E:1::I9ject te nececc:!.ry ceAElitisAf:; tho vfJri::u:'Ice. "'t::!ieh
a~thorizes the rela)(atian ar variatian fr-em r~los ana
reg~l3tions estaelisl:iea in GeMiR ZeRes sueject to tho
~ndiRg ef certain facls ana necessary oonaillans; and the
planned oa..."'~nity aistrict prosee~reG one tRe planned
~nit develepment prooeSHf.Os. In erocr to expesite the
gr.3AtiAS of 3 V:JR3Ace, 3. zcming :aaFFliRiE:tr3ter is
estaalisRee herein. The permits .....RisR are re~~iree aRd set
fortR in tRis ohapter are IRe zoning peFmit itself, ,^,~ich
6ti~1:J13t8E: the do~ir08 bIE:9 fgr E:I::.I~R ~errnit "'Iihin tA8 :lene
"'~Bre the <Hbject propefly j< IQ~alea; .ite plan and
are~ilectural appraval; tRe perfGrman~e StaRaafa permit
3AS the Reme 9Sf:1oIj3ati9R j39rmit.
(Ord. 1212 ~ 1. 1969: prior oode ~ 33.1301 ).
(Ord. 1212 S 1, 19.9; prier ease S 6..1601).
19.14.020 Zoning administrator - Creation of position-=
Authority .
In eraer to relieve tRe planning ~aR'1rnissien af ~eMin
rSl:;ltinG fbJn~tiQAS ASS8E.E:aPJ' tg !;he ~r8l3er 3srniRiEtr3tion of
thi& ~J:13I3ter, :J zoni:lg 3dminiEtra1ef ;s (,;r9:3189, '.vhs SR3!!
ae the airecter of ~lanRing ORa a~ilaing ar his a~lharized
aepHty, with sHoh a~thoril'; as is granlee ta hi... ay thie
oh3pter. (Ora 2799, 1999; Ord. 121231,19.9; prier saae
3 JJ.1.Q2(,^,))
In order to relieve the planninq oommission or chula vista
redevelopment corporation within desiqnated
redevelopment prolect areas of certain routine functions
necessary to the proper administration of this chapter a
zonino administrator is created.
Authority. The development services director or desionee
may serve as a zoninq administrator. The zoninq
administrator shall have the authority to consider
marvl
Page 6
EXHIBIT A
applications preside at hearinqs sros'ae at a s~blic
hear;V1G1 and make aR-imDartial decisions on cermits maDS.
or other matters based on the application, written materials
prepared prior to the hearinq and information received at
the hearino.
19.14.025 Zonin,! Administrator - Determination of
Similar Uses.
Determination of Similar Uses The zonina
administrator may determine that a proposed use not listed
in the zonina district as cermitted or conditionallv permitted
is allowable if all of the followino findinqs are made:
1. The characteristics of. and activities associated
with the proposed use are eauivalent to one or more of the
listed uses'
2.f2+- The proposed use will be consistent with
the purposes of the applicable zoninq district and
3.fJ+. The proposed use will be consistent with
the General Plan and any applioable specific plan.
When the zonino 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 determininq where it is allowed what permits
are reauired. and what other standards and reauirements
of this title apply.
19.14.030 Zoning administrator - Actions authorized
without public hearing.
i The zoning administrator is authorized to consider and
ita approve, disapprove or modify applications on the
:following subjects, and/or issue the following required
ipermits without setting the matter for a public hearing:
I A Condibonal Use Permit. The zoning administrator
: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
'oonstruction of a new building or other substantial
'structural improvements on the property in quesuon;
. 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;
4. The zenin~ 3sministmter is autharizes te cen~iser
: :ami to 3Ja~re':e, aeRY, er me9if/ 2"F1li~3tieFl& fur conditie~JI
I use ~err'l1its fer QGarnivals and oircuses. The zoning
: administratar .hall set the malier far pHelic hearing In the
,R'1Qnner pr-evides Rerein;
. ~.Churches;
04/14/201 003.'J01201 0
4-11
).. estaelishments that include tRe sale of
,aleoholis se"erasm: far 011 site ~se ar sGRsumption,
'lasateEl in the C ~I za~e. ne za~ins 3dFAi~istr3ter shall
hgla a puelis hearing in assar<Janse with C"~~C 19.149.Q
'thrau!:jh 1911g90 ~pgn SivinS ~g!ise thereaf in
'3ccor-d3nce with ("MC 19.12070 3~d 19.120g0 ,II
. conditian:al U€:9 ~ermit 6:1"311 rig! be gr3ntca unlccs the
zonins aElministratar or gther issuins a~tAgrity finas in his
or her sale Elissretian, anEl saseEl on s~sstaRtial e"iEleRce
: in view af tee entire recard, teat 311 af the facts ra~~irea ey
:CVMC 19j4Qgg exist, ana that a~~ra'Jal af tRe ~ermit will
i A0t rcS:l;:J!t iR 311 e':er:~aFlGeRtrJtion sf SI.::IGh bciliti8&.
OHarGaRcentration may se fo~na ta exist b3sed an (a) the
,nbll:nser 311.9 lec3tion of existing bsilities; (9) cernf3li3mXa
.'vitl1 State Alcohol Beverage CORtrel aver;;ancaRtratign
st3RaarEls iR elleet at the time af project eansiaeratiaR; (s)
'the impact of tee propaseEl faeilirj on Grima; aREI (d) the
iim~act of the proposeEl facility eR trallie volume ana traffic
: flaw The pOlice department ar otl1er appropriate eirl
I Ele~artR1entS m"y ~ra...ide evidence at the hearin~. I'. ~erFAit
ita eper:ate R=la~' 8e r.sstristGEJ 13)' aR~' re:u:ena13le EiElflditions
!inGI~Elin~ eut net IiFl1ited ta, limitations an eaurs of
io~eratla~.
I The city cauReil B"'all ee informed af tee Eleeisien an
: eaGh s~eh permit ey the city clerk when tRe Elecisian is I1led
'in :leGGrdaRee '.vith CVMC 19.11.g9g. The deeisia~ af the
;zon;nQ 3EtmiAiEtrater t=Ray 88 8j3J383Ied.
SI:ICA 3~138al &1:11311 8a ~imdmt to tho city C961ACil, r2ther
:th:lA the ~lanAiA!:j I:GFRmission, and FRust S8 I1las within 1Q
'doYG after the Elecisian Is fileo with tRa city Glerk, aG
iprovioea in C'IMC 19.11.1QO. If 3~pealeEl within tAe ti",a
'limit, saiEl ap~aal 5eall se eaRsiElereo in a ~~sIiG heariAS
cenElustaEl by the city council, in ihe same "'a"Rer as atRer
'a~paaIG ~urs~ant te CVMC 19.11.120 GnEl 19'11.nQ;
. except, that the eGuReil rnus! ",al,e the BarAe written
'IinoiR~s re~uireEl of tRe zoni"~ 3dminigtratar eerein in order
,te ~raRt the ~ermit.
!
5. Roof-mounted Satellite dishes'
6. -Recyclinq collection centers (small) in accordance
.with Gursua"! to CVMC 19.58.345(8);,
I 7. -Cellular Facilities (stealth) pursuant to CVMC
i 19.89.050
B. Variances. The zoning administrator shall be
'authorized to grant variances for limited relief in the case
lOt:
1. Modification 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 te se adFRi~istered 'f:ite
the m~Uirer+1eRt ler 3 puelie Rearins shall be limited to
deviations not to exceed 20 percent of the requirements
imposed by ordinances.
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Page 7_
EXHIBIT A
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. Por!:iJrmaRee StJnsJrG PraGeaurc. Tee zGning
:!GImiRi~tr3tgr ~h311 b1! 3Ytherized Ie i~~YQ a zeniR~ per",i!
f.9r 61896: subject to raef.fsrFR3RSe st3AEtards W0SS9b1r9S, as
f:)r:s"iaea Acmin.
E. Heme QeGupatiens. TAe zoniRS aElministrator shall be
aut"'arizeEl te srant ~errTlits fer herAe eeeup3tions. 3G
defineEl ano re~ulateEl in C'IMC 191449g
D. Larqe Familv Dav Care homes in accordance
witheursu3nt te CVMC 19.58.147.
19.14.035 ZoninQ Administrator - Application - Fee-
.Without a Public HearinQ.
A. Applications for actions authorized bv the zkninq
,aAdministrator without a public hearinQ shall be made to
: the develooment services director in writlnq on a form
orescribed bv the develooment services director and shall
I be accompanied bv olans and data sufficient to show the
:deta,1 of the orooosed use or buildinq.
I ~. Fees. A fee, in the amount as presently designated or
. as 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 develooment services director shall cause the
matter to be set for consideration bv the zonina
'administrator in the same-manner as-reauired for settinq
'zonina matters for hearina oursuant to CVMC Sections
i 19.12.070 (B) (C) and (0) as If the matter were to be a
: hearina.
: In re~arEl te 3pplieatians aA 3ny af tha aferementiaoed
isulJjects, the zORin~ 3dminiotrater Oh311 set a reaseAaela
'tiffie lor the eenBiEleratian of the Game anEl siva Rotiee
\thereef to the Di3i3lisaAt 3m.! te ether i~tereE:tes 1ger&SA& 3S
I defineEl in this ti~e. In the event objections or protests are
i received, the zoning administrator shall set the matter for
,public hearing as provided herein. (Ord. 2616 95, 1994;
iOrd. 2526 91,1992; Ord. 250691,1992; Ord. 229091,
11989; Ord. 207592,1984; Ord. 201191,1982; Ord.1813
:91,1978; Ord. 1371 91, 1971; Ord. 121291,1969; prior
code 9 33.1302(B)).
i19.14.040 Conditional Use Permits and Variances -
i Public hearinQ reQuired when.
In the case of aoolications for conditional use oermits
other than those as set forth in CVMC 19.14030(AL the
'zoninq administrator shall set the matter for Dublic heannq
'in the manner orovided herein and 19.12.070 and
i 19.12.080 The hearina shall be conducted bv the zoninq
ladministrator exceot as otherwise noted in the conditional
luses section of the oarticularzonina districts
i In the case of aoplications for variances other than
'those for limited relief as set forth in CVMC 19.14.030(8)
04/14/201 003n9'~Gl 9
4-12
the zonino administrator shall set the matter for public
hearino in the manner provided herein and 19.12.070 and
19.12.080. (Ord 1212 & 1 1969: crior code & 33.1302 (Cn
19.11.040 VariaRses Public heariRg required wheR
EXGepti9Rs.
In the sase of :lP191k3ti9AE ,fer v::ui3nsm:, att;1er th3n
tAGSe fGr IiAliteg relief as set farth iR CVMC 19.11.020, tAe
zoning administrator shall set tAe fRatter for pyelis Aearing
in the manner provideg Aerein. (Org. 1212!i 1, 1960: p,ier
""ge 3 22.,.02 (C)).
19.14.050 Public hearing Mandatory when~
Consolidation of Public HearinQs for Multiple Permit
Applications.
A. The zoning administrator may, at herlhis option, refer
any of the matters on which she/he is authorized to rule
andlor issue a permit to the planning commission, or chula
vista redevelopment corporation for proiects within a
desianated redevelooment oroiect area for review. In
addition, a project applicant may request that any such
matter be referred directly to the planning commission...Q.(
chula vista redevelocment corporation for proiects within a
desianated redevelopment proiect area -for action. In such
cases, a public hearing as provided herein shall be
mandatory.
B. The acolicant or other interested My. person who
disagrees with the ruling of the zoning administrator may
appeal such ruling to the city council~laRning saI'RR1issian.
In such cases, a public hearing as provided herein shall be
mandatory. Any ~ersen '''l1e aisagmes with a sign assign
rl:JlrR~ sf tt.le zenin@ Gl8!T1IRi8tr3ter rTl:lY ;:r~FJ~:11 ~YSl:1 R:lJiR!j te
the aeei~n ravie'" sem",illee. In such cases, the si9"
~rejest ,"liAg y"~sr a~~eal shall be reviewee l3y tAe eesign
reJ'/iew sommitl"e iR aseeraaAse wilh C'IMC 1 9.1 Hj82.
C. When an acelicant apclies fGr more than one eermit
or other approval for a sinale develoement the aeplications
shall be consolidated for crocessina and shail be reviewed
bv a sinale decision maker or decision makina bodv The
consolidated apolication shall be heard bv the decision
maker or decision makino bGdv associated with the hiahest
level action amona the applications to be considered. The
findinas reauired for approval of each permit shall be
considered individuaily. consistent with CVMC Sections
19.14.080' 1914.190 andlcr 19.14.582(E) as acclicable.
For proiects subiect to desian review and that are
consolidated to a hiaher decision makino level one
member of the desion review board. or the chula vista
redevelopment corporation if in a desianated
redevelooment proiect area, with desian expertise mav
advise the staff on the desian aspects cf the proiect orior to
the public hearino. The recommendations wiil be included
in the staff report to the hiahest level decision makina
bodv.
Ng~vithstanding Ihe al30ve WGvisiens, the zOAin~
administrator R1aj', at Ais eplien, ar YPOn 3p~eal, refer
a~~liG3IiGns fer Gami"als and sir-syS9s en v'hiGA he is
aythorizea Ie issye a ~erR1it 10 the city "Gyneil fpr I'evie'I'. In
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Page 8
EXHIBIT A
""SR sases, a ~yl3liG Rearing as ~re...iEleg herein tRail be
R1anaatory. (Ord 2575 ~ 1, 1993: Ord. 2365 ~ 1, 1990:
Ord 1212 ~ 1, 1969; prior code ~ 33.1302(0)).
; 19.14.060 Conditional use permit - Defined - Purpose
and intent.
The grantin9 of a conditional use permit is an
'administrative act to authorize permitted uses subject to
ispecific 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.
:(Ord. 1212 s 1, 1969: prior code S 33.1303).
,19.14.070 Conditional use permit - Application - Fee-
Public hearing.
A. Applications for conditional use permits or
. modifications thereto shall be made to the development
~services director pl3r1ning commission in writing on a form
'prescribed by the development services director planning
.soI'RI'Rission 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 gi,estor of plannin~ shall cause the matter except
those subiect to CVMC 1914.030. to be set for hearing
and notice such hearina In the same manner as required
for setting zoning matters for hearing. pursuant to CVMC
: 19.12.070. The alrecter ef planning or tho plannin~
!comI'Rission shall have the aissrelien Ie iRCiyae ie tRe
l notice of tile heariRg en """h a~~lisalion netice Ihat IRa
: ~lanniRg ceI'RfRission '''ill "eneiaer slassi~satjon. of olher
: thaA tRat fGr which applisatlon is <Rase ana/er aaaitional
: properties ang'Gr Yses.
I In IhGSe cases 'I/Re'8 tRe a~~lisatiGn "GAferms te tRe
: requireI'Ronts af C'IMC 10.11. QJQ( ^), the a~~II"atl"e sRal1
:Se eirectea 10 tAe zoniRg aafRinislr,;Jtor.
. B. In the case of hazardous waste facilities as defined in
.CVMC 1904.107, applications fcr conditional use permits
or modifications thereto shall be made pursuant to CVMC
1958.178, and shall be considered by the planning
icommission or chula vista redevelopment corporation for
'proiects within a desianated redevelopment proiect area,
iwith a recommendation to be forwarded to the city council
'fcr final revi'ew and action, The requirements of CVMC
19.14.090 shall apply to both the planning commission....Q[
: chula vista redevelopment corporation for proiects within a
: desionated redevelocment proiect area recommendatiGn
'and the city council resolution, with the following
, modifications:
1. The written findings, in additicn to the
requirements of CVMC 19.14080, shali address those
matters as set forth in CVMC 19. 58.178(K).
04/14/201 003 '29'2010
4-13
2. The decision of the planning commission...2!:
'chula vista redevelopment corporation for proiects within a
: deslqnated redevelopment proiect area, shall constitute a
'recommendation only, and shall neither be a final decision
at "e80me linal nor subject to appeal a8 pro',idaa in CVMC
'19,11100 to ~9.11.130.
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
~ 331304).
.19.14.080 Conditional use permit - Prerequisites for
, granting.
After the public hearing, the- zoninq administrator, or as
,the case mav be planning commission, or chula vista
,redevelopment corporation for proiects within a desiqnated
redevelopment proiect area, or the zonin~ aaR'1IRiE;tralor
i may, by resolution, grant a conditional use permit if jLthe
i planRiR~ cOR'1R'1iE;sion or the zORin~ aaRRinistrator finds from
i 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;
, 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
'.viclnity;
, C, That the proposed use will comply with the
'regulations and conditions specified in this title for such
use,
0, 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
: coastal zone, is consistent with the certified local coastal
program and is consistent with the intent of the zoning
:districl. (Res, 11903, 1985; Ord. 1212 ~ 1, 1969; pnor code
'~ 331305(A)),
119.14.090 Conditional use permit - Public hearing
! procedure - Finding of facts.
! The plann;R~ 80RRrAiE;EioA or Not more than 10 business
i davs followinq the decision, the decision maker, whether
,the zoning administrator~- planninq commission. or chula
~vista redevelooment corooration for proiects within a
'desiqnated redevelopment proiect area. shall make a
'written finding specifvinq whiGR cRail speGir;.l!:lL -aGts
relied upon in rendering said decision. fullv settinq forth the
:facts and circumstances that fulfill or fail to fulfill the
requirements of this section and CVMC 19.14080 and, in
'situations where approval was qranted, the ana altacRing
: S<IGI1 conditions and safeguards-"S deemed necessary and
desirable for such approval. , Rot ",ore than 1 0 aa!,o
marvl
Page 9_
EXHIBIT A
foI19"'ing the aeGicion of the GommlcGion or the zoning
aG",iRiEtmter, ana chall f"lI/ set fert. wAerelR tho faGto: ana
circijRRctanGes ful~1I or f3il to f81fill tRe re~yiremeRts of Ihic
seGlioR anG C"MC 19.11 Qgg. A copy of this written finding
of facts shall be filed filea witA the 61ty Glmk, with the
development services director of ~laRRiRg aRG 8yilaing"
and mailed to the applicant The decision of the p'anning
c9rnmiE~i9n or zgning 3eminif:tr3tOr shall become final on
. the eleventh day following the decision itE flliRg in the sffiGe
'of IRe city clerk, except where appeal is taken as provided
herein. (Ord. 2790. 1999; Ord. 2374 ~ 2, 1990; Ord. 1212
~ 1, 1969: prior code ~ 33.1305(B)),
19.14.100 Conditional use permit -Appeals of the
ZoninQ Administrator Decision- Procedure generally.
The applicant or other interested persons may appeal
the decision of the zoning administrator to the citv council
planniRg sORRrAic.ion_ -within 10 business days from the
'date on which afte< the decision wasis madeflleiJ 'NitR IRe
: Git, Glerk, Said appeal shall be in writina and filed with the
,city clerk upon forms provided bv the development services
department and shall specifv therein that the decision of
the zonina administrator was in error and ident:fv the facts
: and circumstances on which the claim of error is based If
'an aopeal IS filed within the time limit specified It shall
automaticallv stav the proceedinas in the matter until a
'determination is made bv the city councIl. Upon the filina of
,the appeal. the zonina administrator shall set the matter for
:Dublic hearina, aivina the same notice as required in
CVMC 19.12,070 and 19.12.080. The zonina administrator
shall transmit to the citv council a copv of its decision and
findinas minutes of the hearina and all other evidence
,maps. papers and exhibits upon which the zonina
administrator made its decision. The, aRa the hearing on
said appeal shall be processed by the plaRning citv clerk
,commiE:E:ion in the -same manner as a conditional use
permit within the original jurisdiction of the zonina
administrator~laRning cORRr-Ri.cisn., The decision on the
: appeal bv the citv council shall beis final The a~~licant sr
'other intef9E;tea percoR. ohall have the .ame fI.ht of
:appeallrsm any aeterrAiRation of the ~lanniA. s9mm'.sioR
iR sush insla"cec ac cet 10Rh in C"MC 19.14,119 thro"gh
'1914 no (Ord. 1212 ~ 1, 1969; prior code ~ 33, 1305(C))
:19.14.110 Conditional use permit -Appeals of the
'PlanninQ Commission or Chula Vista Redevelopment
,Corporation decision - Form - Contents - Effect of
,filing.
i The applicant or other interested person may appeal
from the decision of the planning commission. or chula
vista redevelopment corporation for proiects within a
'desianated redevelopment proiect area, granting or
'denying any conditional use permit as ~rov'ged in CVMC
i 1 9.14.24 0 ana 19.11.2;;0 to the city council within 10
,business days from the date on which the (liter .aia
i decision wasis made, filea '.vith the City cieri'.. Said appeal
:shall be in writing and filed I" triplicale with the city clerk
04/14/201003/29/201 {)
4-14
upon forms provided by the development servicesalaR8ing
department and shall specify therein that the decision of
the planninq commission. or chula vista redevelopment
corporation for proiects within a desicnated redevelopment
oroiect area. was in error and identify the facts and
'circumstances on which the claim of error is based. wherein
,there was erF8r 'R the goel.iaR af the pl3R8iR9 9ornrniss'a8.
: 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 chula vista redevelopment
corporation for proiects within a desicnated redevelopment
proiect area due to a failure to achieve a maiority vot~
less thaR 18"r votes. 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 proiect. with an opportunity to appeal the
decision of the rehearinq to the city council. or -IDID'- ~
appeal directlv to the city council without payment of
additional fees. The choice of alternatives shall be at the
discretionafJ' o~ the applicant. All other proceedings
pertaining to appeals shall continue to apply. (Ord. 1212
9 1, 1969; prior code 9 33.1306(A)).
19.14.120 Conditional use pennit - Appeals of
PlanninCl Commission or Chula Vista Redevelopment
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 acenda and heard
within 30 davs of receipt of a valid application for appeal.
The city clerk shall send the development servicesplanning
department a duplicate copy of the appeal and request the
planning commission~ -or chula vista redevelopment
corporation for proiects within a desianated 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 chula vista redevelopment
corporation, made its decision. (Ord. 1212!i 1,1969; prior
code 9 33.1306(8)).
119.14.130 Conditional use pennit - Appeals - City
,council action - Resolution contents and transmittal.
i Upon the hearing of such appeal, the city council may,
'by resolution, affirm, reverse or modify in whole or in part
i any determinaUon of the zonina administrator planning
! commission or chula vista redevelooment corporation,
'subject to the same limitations and requirements of
!findings as are placed upon the zonina administrator.
: planning commission or chula vista redevelopment
!corporation, by this chapter. The resolution must contain a
i finding of facts showing wherein the conditional use meets
ior fails to meet the requirements of CVMC 1914.080
Ithrough 19.11.100. The decision bv the city council on the
iappeal is final. Not later than 10 business days following
maryl
Pa2e 10
EXHIB IT A
the adoption of said resolution. the city clerk shall transmit
a copy of the resolution and finding to the director of
development servicespl3nning, to tRe Elirector ef b~ildiAg
.aAd hQ~siAg, and shall mail a copy to the applicant. (Ord.
.2074 !i 1, 1984; Ord. 1212 !i 1. 1969; prior code
!i 33.1306(C))
;19.14.140 Variance - Defined - Purpose and intent -
Prohibited when.
The granting of a variance is an administrative act to
: allow 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 !i 1.
,1969; prior code !i 33.1307).
,
: 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. 12129 1, 1969; prior code 9 33.1308(A)).
:,19.14.160 Variance - Fee required.
: The feeill, 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 anv amendments
itheretothe roqYired foe(.). (Ord. 2506 !i 1, 1992; Ord. 2011
1-
i91, 1982; Ord. 181391,1978; Ord. 1371 91,1971; Ord.
i 1212!i 1, 1969; prior code !i 33.1308(8)).
i
i19.14.170 Variance - Accompanying documents
, required.
The following accompanYing maps and drawings are
. required: maps and drawings required to demonstrate that
Ithe conditions set forth in CVMC 19.14.1 50 thre~gh
:19.112.9 19,14.190 apply to subject property, together
'with any other data that the CltV mav required. (Ord 1212
.9 1, 1969; prior code 9 33,1308(C)).
;19.14.180 Variance - Public hearing - Procedure -
i Notice required.
. Except for applications for limited relief as described in
:1914030(8) aA public hearing for a variance shall be
jheld 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
04/14/20100)12912010
4-15
less than ~~ days prior to the date of said hearing. !n
addition to the notice In the newsoaoer nNotice of hearing
may ~be made, at the option of the zoning
administrator sr semmissier:1, at tREI GaE:e FFlB'J be, by mail
. to owners of record of surrounding property within 5JOO
:feet of the property for which said variance is requested.
'TAe ;!aeinij ad",iei.tratar ar the ~laRRieij ss",mi.sieR shall
,hava tha dissrotian te inel~de ie Ratice af Raaring an .~eh
;aF1~lisatiel4 Retiee tl:13t the ;a1:mninS ~9FRmiE:E:isA '\'ill
i eansieer sla6slficatian af athar thaR that far whish
;a~~lisatian is made ane'or adeitien.1 ~ra~ertie6 aRe'er
~Failure of owners to receive notice of hearing shall in
: no way affect the validity of action taken. (Ord. 2374 !i 2,
1990; Ord. 1212 !i 1, 1969; prior code !i 33.1308(D))
:19.14.190 Variance - Prerequisites for granting.
: The zoning administrator shall grant a variance only
,when the following facts are found:
A. That a hardship peculiar to the property and not
I created by any act of the owner exists. Said hardship may
i 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
I 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
leach case must be considered only on its individual merits;
. B. That such variance is necessary for the preservation
: and enjoyment of substantial property rights possessed by
'other prapertes in the same zoning district and in the same
. vicinity, and that a variance, if granted, would not constitute
. a special privilege of the recipient not enjoyed by his
: neighbors;
; C. That the authorizing of such variance will not be of
, substantial detriment to adjacent property, and will not
i materially impair the purposes of this chapter or the public
iinterest;
, D. That the authorizing of such variance will not
i adversely affect the general plan of the city or the adopted
I plan of any governmental agency;
,
; E. That in the coastal zone, granting of variances is
!consistent with and implements the certified local coastal
iprogram, and that the granting of such variances does not
treduce 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
:Iocal coastal program.
In the coastal zone, t:j:he zonina administratorairGetor af
planninij and E~ilaing or ~lanRins MmmissioR 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
. as the variance was applied for, or in modified form, if, on
the basis of the application and the evidence submitted,
the zonina administratoreirector af ~laAnins ane E~ileinij
marvl
Pag:e 11
EXHIBIT A
. 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
. the property, including size, shape, topography, loeatlon, 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
; classification in the coastal zone; and
i 3. That the granting of the variance will not
!constitute a grant of special privilege inconsistent with the
i limitations on other properties in the same use
:classification in the coastal zone. (Ord. 2790, 1999; Res.
:11903, 1985; Ord. 1212 !i 1, 1969; prior code !i 33.1308
:(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 !i 1,
1969; prior code !i 33.1308(F))
,
i
i 19,14.210 Variance - Zoning administrator authority -
: Notice of action.
The zoning administrator may approve said variance~ Sf
may grant said variance subject to specified conditions~ or
,may deny said variance. The zoning administrator shall
inotify the applicant within 10 farthv.ith afdavs of action
:taken. (Ord. 2374 !i 2, 1990; Ord. 1212 !i 1, 1969; prior
!code!i 33.1308(G)).
'19.11.220 liariaAGe
[zeAiA!! ~ermit.
, . .
: Fello,uinS the iss~Geee af a "aRanGe sy ths zanlng
!aemiRiskatsr, the E~ileiRij inspeotsr .hall issue a ;!oRiRg
!permit as ~roviaed iR C'iMC 19.1 Ui99 thrG"gl1 19 11.5.9
:(Or9. 121231, 1959; prier GSee S :J:J.1;J9S(H)).
I
'19.14.230 Variance - Transferability.
, Unless specified otherwise at the time variance is
: granted, the variance applies to subject property for an
: indefinite time and is transferable to any future owner of
sUbject property. (Ord. 1212 !i 1, 1969; prior code
!i 33.1308(1)).
I
119.14.240 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 f!.!Y
:councilplanninij GarRmiesian~ within 10 business days from
Prere<t"isite te iss~an.e ef
04/14/201003/29'2010
4-16
THIS PAGE INTENTIONALLY LEFT BLANK
4-17
the date on which a#ef said decision wasis made.~ler3 with
the city clerl<. Said appeal shall be In writing and filed ffi
tri~lisate with the development services planning
department on fonms provided by said department, and
I shall specify twherein tr,at there was an error iA the
i decision of th-e zoning administrator was in error and
: identifv 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 detenmination is
made by the citv council.elanning commission. The Q!y
:councilelann'A9 cammission shall set the matter for hearing
.as set forth herein lor a"tion sy tRe "a",,,,1851an OR
,coRditional "se eerrnits in CVMC 1911980 19.12.070 and
:19.12.080. thro"gh 19.11.100. The decision of the citv
'council is final.
, Where an application for a variance is included in a
iconsolidated hearino and is neither aCDfoved nor denied
'by the planning commission, or chula vista redevelopment
icorporation for proiects within a desiqnated redevelopment
\oroiect area. due to failure to achieve a maioritv voteey
'loss than fo"r votes, the applicant shall have the right to
I either a rehearing at the next planning commission or chula
ivista redevelopment corporation meeting whichever is
! applicable to the proiect. or an appeal to the city council
: without payment of additional fees. The choice of
i alternatives shall be at the discretional'f Q..fwAA the
I applicant. All other proceedings pertaining to appeals shall
.continue to apply. (Ord. 2084 ~ 1, 1984; Ord. 1212 91,
'1969; prior code ~ 33.1309 (A)).
I
'19.11.250 VariaAce Appeals City callRc" 3ctiaA.
TRe S3me aepe31 rights 3S set forth in C'IMC 19.11.110
'througR 19.11130 lar "oRditianal use permit" sAal1 se
iaeelisa"le (Or~. 1212 31,1999, eriar cage 3 33.nOg(B)).
I
119.14.260 Conditional use permit or variance - Time
;limit for utilization - Void when - Extensions - Validity.
I fAa.\ A penmit orants the applicant 36 months to initiate
utilization of the permit. A variance or conditional use
I permit shall be deemed to be utilized if the propertv owner
! has substantiallv chanced his position In reliance upon the
i qrant thereal. Evidence of chanoe of position would include
I completion of construction, substantial work has been
! per/anmed in reliance of the permit qranted or the use of
Ithe propertv in the manner qranted bv the permit
! tl>\B. Expiration Date. A permit and the riohts oranted
: there under shall expire if the applicant has not utilized the
'permit prior to the eXPiration date of the oermit includino
:anv extensions oranted pursuant to subsection (c) of this
:section.
i CfB} Application forReau"!:t anfG> Extension. Prior the
: expiration of a permit. the appropriate decision maker
'whether the zonino administrator the plannino
Icommissian or chula vista redevelopment corporation for
; proiects within a desianated redevelooment. oroiect area
:whichever heard the orioinal application, may qrant an
marvl
Page 12
EXHIB IT A
extension of time contained in a then current"" and valid
variance or conditional use oermit without a public hearinq
upon written request of the propertv owner; provided that
1- tI1at- Tlhere has been no material chanqe of
circumstances since the orantino of the variance or
'conditional use permit and.
2 Such chanqes if anv, which when considered in
coniunction with the construction or use of prooertv
theretofore permitted would not be iniurious to the
neichborhood or otherwise detrimental to the public
welfare.
D. Stav of Procedincs. If an application far extension of
time is filed in a timelv manner the permit shall be
automaticallv extended far 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
EKA Review of Application. An application far an
extension of time of a oermit shall be reviewed bv the
development services director to determine whether the
proposed development has siqnificantlv chanced or is in
substantial conformance with the approved oermlt If the
proposed development is in substantial conformance with
the approved penmit. an extension will be qranted and an
application for an amendment to the permit will not be
required. The extension of time may be oranted without
notice or public hearinc bv the oriqinal permittino authoritv,
upon makinc a detenmination that the findmqs and
conditions of the orioinal approval still applv and if the
oriainal oermit account balance is in acod standina. The
burden of proof is on the permittee to establish with
substantial eVidence that the permit should not expire
F. Lenoth of Extension. An extension shall not exceed
lar "8 ta an additiaR31 12 months, from the oriqinal
expiration date may "a arante~.
G. Fees. +I1e--Flee(s) for an extension of time far a
variance or conditionai ,use penmit shall be in the amount
identified in the master fee schedule or anv amendments
theretothe reauire~ lee(s). (Ord. 2506 & 1 1992: Ord. 2011
& 1 1982' Ord. 1212 & 1 1969: prior code & 33.1310\
/\ny ceRditieRal "!:e ~er",it or zeRe variance greRte~ sy
'the cirj e!: heroiR ere"igeg shall "e aaR~itiene~ "eeR the
leFivile~es grante~ "elng utilize~ ",ithin eRe year alter the
'elle"ti"e gala themal. ^ variaA"e or condiljaRal "!:e eer",it
IsRall "e deerneg te "e "tilize~ if the pceeerty owner h3S
'sub!:lanliall;' "hanged his eo!:ition iR relianee upon the
'Qr3Rt thereaf l'ivideR"e al change of position ',aul8 iRclude
: complotbn sf cenlStructioR Sf 3r:1.Y eXFJemm\dre!2: of mElRe,'
sy the proeerty owner preearatary te "enstruction Jn~ sA311
~ alse inclu~e the use of the preeerty as gr3Rted. If there h3s
. been J la~!:G of 'Nafl~ lor trree month!: after
,e9mmenes",ent, IRe G9Ar3iti9nal use ~ermit or zone
j'/ariance !:hall be void.
I The "emrnissian may, lJy resolution, grant an extensien
,of bfAe cJntai"8g in a "urraRtly 'alid zeRe 'ariaAee or
i cORgitien31 use e eflT1 it '.\'ithaut a ~"lJlic heariRg ueen
iappeal of IRa ~r.geer-l"; awner; ~ra'/i~ed, that tl1ere h3S
, 04/J4120100J!:,912010
4-18
SQ9n ng A13teri31 r;:h3ngo of GirCuFFlE~::m8e€: s:in8o the
granting of the vari;:moe or oonsitional ~oe ~erffiit whisil
wo~[g g9 iRj~riouE to the ReigRgorhoog or other!.'i"o
'detri",enta[ te tRe ~ubliG \Volfare. TRe foe for aR e"tens'oR
! sf time fer ::J ':3Fi3Rr;;e er conaiti0A31101E:c ~erFFtit Sh311 be th0
'requireg fee(s) (Ora. 2aGe 31, 1992; OFG 291131, 1992;
Ord. 121231, 19.9; prior ooge 3 JJ.1 J10).
'19.14.270 Procedures for enforcing conditional use
permits and variances.
A The director of planning and buildingdevelopment
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 penmit:
1 Fraud. That the variance or conditional use
penmit approval was obtained by fraud;
, 2. Non-Use, That the uses and privileges
authorized by the variance or conditional use pemnit have
. not 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, pemnits, regulabons or laws;
. 5, Violation of Use, That the variance or
conditional use permit is being or has been exercised in g
:manner other than or in excess of the <l5e-right granted;
i 6. Public Health, Safety and Welfare. That the use
I for which the variance or conditional use penmit was
iobtained is being or has been exercised so as to be
Idetrimental to the public health, safety, or general welfare
ior so as to constitute a public nuisance.
, If the director of ~laRning and B"ildingdeve[opment
'services has probable cause to believe that any of the
:foregoing has occurred or is substantially likely to occur,
I he/she shall issue a recommendation as to what action
:should be taken, The recommendation shall be submitted
ita the individual or body which issued the conditional use
permit or variance (hereinafter referred to as "permitting
authority") .
B, The pemnitting authority shall hold a public hearing to
'consider the director of planning aRd bui[giRgdevelopment
''<;services recommendation regarding the conditional use
penmit or variance,
C, Notice of any public hearing to consider vio[abons of
i variances and conditional use permits shall be given
I consistent with the procedures set forth in CVMC
~ 1912.070, The notice shall contain the following
informa~jon:
I 1, The date, time, and place of the public hearing;
2, The identity of the permitting authority;
marvl
Page 13_
EXHIBIT A
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 servicesplaRnlAg aRg iJuilglRg'E
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
,a recording device or stenographer
i 3. Testimony, Any witness offering evidence or
I testimony may be placed under oath and subject to cross-
I examination at the request of the pemnitting 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
:;n civil actions. All irrelevant and unduly repetibous
:evidence may be excluded,
5, Hearsay, Hearsay evidence shall be
'admissib[e, 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
i be effecbve to the extent they are raised and otherwise
:required by law to be recognized at the hearing.
i 7. Procedural Compliance, The hearing need not
be conducted under rules relating to evidence, Fai[ure of
the penmitting 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
and 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,
i E. The permitting authority, after public hearing, shall
; make a finding or findings whether any or a[1 of the factors
i articulated in subsection (A) of this section apply to a
'conditional use pemnlt or variance.
; F, Based on its findings, the permitting authority may do
'anyone or a combination of the following:
04/14/201003'29'2010
4-20
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 penmitting authority's written
decision and action 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.
I' H. Right of Appeal. Within 10 business days after the
,notice of the written decision is filed, unless the date is
[waived by the appellate body upon a showing of good
.cause, any interested party who participated in the pUblic
: hearing or the director of develooment serv/cesplanning
lane \)YileiAg may appeal the written decision to the
iappropriate appellate body as follows:
i 1 If the permitting authority is the zoning
:administrator, appeal shall be filed with the city council'
:~laAAing 609ll1mission;
. 2. If the penmitting authority is the planning
!commission or chula vista redevelopment corporation,
! appeal shall be filed with the city council;
: 3. If the permiffing 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
[issues being raised were raised during the public hearing.
i J. After an appeal is filed and accepted, the appellate
i body shall hold a public hearing consistent with the
i 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
lappellate 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.
i 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 ~laRRing
i anG IJYileiA~develooment services who may request an
! appeal to the city council within 10 business days after the
i nobce of the written appellate decision is filed, unless
Iwaived by the City council upon a showing of good cause.
I The appeal shall include a statement of the reasons
! supporting the appeal, including a demonstration that any
issues being raised were raised during the public hearing.
M. Any wntten decision regarding an appeal shall be
final on the eleventh day after its filing, unless an appeal is
timely filed, if such an appeal is available to an issuing
marvl Page 14
EXHIBIT A
body, or a waiver is obtained. All written decisions issued
by the city council shall become final when notice of such
written decision is filed.
N. After the written decision becomes final. it shall be
.filed with the director of ~tanniAg and 8Yildingdevelopment
;services and a copy may be filed with the county recorder
. of San Diego County. Uses and stnuctures 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 9 1, 1992).
'19.14 JJO PlaAAee YRit de\'eI9~meAt ^~pr"'/31
prerequisite te z9RiRg permit i&6UaR"e.
, Where yea ie f\'1aGe sf t~a ~Iannes YRit eevelopf\'1ent
.procedYre, aE: ~revieG<:I in this 6O~apter. 3 zsning ~srrnit
:ehall ASt ~e iesye<:l for SY"h <:IeveleprnGnt or ~art thereof
: ynt" the ~ianning sSIl11l1isei8n and sity council have
'approvea a plannes uAit se'..els~ll1snt a~~"6atisA fsr 8ald
eevels~f\'1ent a8 pm'lieee in this chapter (Or" 1 agO 3 13,
1913; Or<:l. 121231, 19139; ~ri9r6S"e 3 :J:J.1:J12(A))
I
'19.14.340 Planned unit development - Application _
'Documents required.
t Application shall be made on a form prescribed for this
: purpose by the city not less than three weeks prior to a
regularly scheduled meeting of the planning commission.
'Application shall be accompanied by a zone change
application establishing the modifying district. (Ord. 1500
:96, 1973; Ord. 1212 91, 1969; prior code
933.1312(A)(1)).
'19.14.350 Planned unit development - Multiple
'ownership property requirements.
i 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
or initiated by the city council. (Ord. 1500 96, 1973; Ord.
:121291,1969; prior code 9 33.1312(A)(2)).
,
119.14.360 Planned unit development - Fees.
. The fee for planned unit development or modification
thereof shall be the required fee(s). (Ord. 2506 91, 1992;
'Ord. 2011 ~ 1,1982; Ord. 1961 91, 1982; Ord. 150096,
11973; Ord.137191, 1971; Ord.1212 91,1969; prior code
933.1312(A)(3))
!
i 19.14.370 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
i public hearing by the city clerk within 20 days after
[pianning 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
04/14/201 Om/29'20 1 0
4-21
hearings shall in no way affect the validity of action taken.
(Ord. 2374 S 2,1990; Ord. 1500 S 6,1973; Ord. 1212 S 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 un it
'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 S 2,
1990; Ord. 1500 S 6, 1973; Ord. 1212 S 1, 1969; prior code
's 331312(A)(5))
,
i 19.14.390 Planned unit development - City council
action and authority.
The city council, after the public hearing and
. consideration of the matter, may affirm the action of the
l planning commission, deny the action of the planning
:commission, or modify conditions reoommended 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 96, 1973; Ord. 1212 91, 1969;
'prior code S 33.1312(A)(6)).
:19.14.499 PlaRRed ~Rit developmeRt ZORiR!! permit
'ls&~aRGe a~thority IRspeGtieRs.
FGlle"'iRg the a~~roval ef" ~lanAeg "nit gevelG~ment BY
'the sity council, the zaAiA9 adminiglratar shall igsue a
'zaRing peHl'!it as prGvided iA CWAC 19.14..go thr-Gugh
i 19.1 Ui.O, aRd the Building iRs~eGter ghall eRs~re thot
'de..'ele~ment is undertakeR and GGm~leted iR &aRformaAce
,with the appro'/ed plaAs (Ord. 1.0038, 197J; Ord. 1212
,31, 1009; ~Fier GGee S .3.1.12(.^)(7)).
,
i 19.14.419 PlaRRed wAit develop meAt ZORiA!! permit
i Re'/OGatioA seRditioRs Presedwre.
, I'. zoning permit may se revokod iR aAY saso whom the
: conditions of ~~eA I3cr:R=lit R3'/e net seeR Sf 3ro r-Iet e9iF1~
gu"gt.3ntially c9mplied wilh. TAe ~lae"iAg commis<iGn sAal1
:9ive tho permittoe eetice of iRteRtioR Ie re'/oke such permit
'at lea~t 1 9 8ayg prior to rs"ie'v of said ~e'mit sy Mid
:comF!1iggion. Af-ter cORGlusion of S~CA reviow, tRe pla"RiA~
: GommissioA may rocommeR8 to tho cil'l ca~nGil that the
,permit bo ro"oked. Tho city co~ncil sAal1 theR rO'lie'N the
'~ermit and may "pho'd or re'/erse tAe actioR of the
,pJaRRing commiggioR. (Ora. 1i30g S 8,1973; Ord. 121231,
'1989; prior code S .3.1. 12(.^.)(B))
:19,14.420 Site plan and architectural approval _
Purpose - Prerequisite for certain uses.
The purpose of s,te plan and architectural approval is to
determine compliance with this chapter and tD promote the
maryl
Page 15_
EXHIBIT A
Drderly and harmonious develDpment of the city. A bUildina
~ permit shall not be issued until site plan and
architectural approval has been Dbtained for the following
uses; for any use requiring site plan and architectural
.apprDval in the zone regulations, and fDr any use requiring
,a conditiDnal use permit. (Ord. 121291, 1969; priDr code
933.1313(A)).
19.14.430 Site plan and architectural approval _
Application.
Applicatian shall be made tD the zoning administrator on
a form prescribed for this purpose by the city. (Ord 1212
91,1969; priorcode933.1313 (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 S 1, 1992; Ord. 1813 S 1,
1978, Ord.1212 91,1969; prior code 9 33.1313(A)(2)).
19.14.450 Site plan and architectural approval
Accompanying maps and drawings required.
, The applicatiDn shall be accompanied by the information
required in CVMC 19.56.042 for a precise plan and other
drawings as are necessary tD enable the zoning
:administrator to make the determinations under this
chapter. (Ord. 163291, 1975; Ord. 1212 S 1, 1969; prior
.code 9 33.1313(A)(3)).
'19.14,460 Site plan and architectural approval- Zoning
;administrator determination authority - Endorsement
,required when.
The zDning administratDr shall determine from data
'submitted whether the prDpDsed use will meet the
I requirements of this chapter and shall approve the
,application upon making a positive finding. The application
i may 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. 121291,1969; prior code 9 33.1313(A)(4))
,
I
'19.14.470 Site plan and architectural approval -
I Principles to be observed.
: In carrying out the purpose of this title, the zoning
'administratDr shall consider in each specific case any or all
of the following principles as may be appropriate:
A. It is not a purpDse of this title that cDntrol 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
ti~e.
, 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 Dverall design.
04114/20[003 '29120~ 0
4-22
C Good design character is not, in itself. more
expensive than poor design, and 15 not dependent upon
'the particular style of design selected.
o D. The siting of any structure on the property, as
:compared to the siting of other structures in the immediate
! neighborhood, shall be considered.
i 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.
o 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
: so designed as to promote convenience and safety.
, H. All the factors specified in this section shall be related
1 to the setting or established character of the neighborhood
'or surrounding area.
I. Undergrounding of overhead utilities may be required
by the zoning administrator subject to approval of the
planning commission. (Ord. 165391,1975; Ord. 135691,
1971; Ord. 1212 ~ 1, 1969; prior code ~ 331313(A)(5)).
19.14.480 Site plan and architectural approval ZaRing
parmit issuanGe prerequisite Building inspector
authority - Appeals.
A Following site plan and architectural approval by the
zoning administrator as provided in this chapter. !LaM
provided 311 ather 3pplic3ble requiremeAts af tAi€ Gh3pter
h:J'/G seeA FAet, the ct.'lief sbliJeiRg efficor &1':1311 iSSbl8 3
zaAIRg permit, as pre"idad in C"r.1C 19.14..0g thrQ"gA
19.11..00, aAd sA311 eAs~re tRat develaprneRt is
"ndertakeR and completed iA cQRfermity ta tAe approved
plaRs. .^. copy of the decision resolution of the zoning
administrator shall be filed with the development services
director of planniAg and building and mailed to the
applicant Appeals from determinations by the zoning
administrator shall be to the City council pl3ARlng
commission, upon written request for a hearing before the
citv councilcommissiaR. In the absence of such request
being filed within .:!Qs9"en d3YS business davs after
determination by the zonino administrator, the
determination shall be final.
B. The appeal shall be filed with the develooment
services director af planning 3nd b"ildiRg on the form
required by the development services directorgireclor of
pl3nnlng ang bUilding, and be accompanied by the
nonrefundable required fee therefor. The appeal shall
include a statement of the reasons supporting the appeal,
including a demonstration that any issues being raised
were raised before the zoning administrator. Upon the
proper filing of the appeal, the development services
director af plaRniRg aAd b"ildiAg shall cause the matter to
be 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 aoenda and heard within 30
days of receipt of a valid application for appeal.
marvl
Page 16
EXHIBIT A
C. Upon the hearing of an appeal, the Qti
councill913~Ring c:omrniE:sioFl may, by resolution, affirm,
reverse or modify, in whole or in any part, any
,determination of the zoning administrator. The resolution
ishall contain findings of facts showing wherein the project
meets or fails to meet any applicable site plan and
,architect~ral principles in CVMC 1914470, 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 9Jy
counc::iII3IaF'nin9 semrnissiof1 shall be filed with the
'develocment services director. city clark and mailed to the
applicant The decision of the city co~mcilplanning
cammissioR shall be final~ on the ele'/entA day alter itG
f.ilin~, 9){Sopt '.",RefS further :Jppo31 is t::llmn 3E: ~ro'lig8e
, J1eFeifI,
D. TAe applicaRt ar atAer interested pGfGaR may appeal
the dcsisign of the pI3F1F1ir-1g f;ommission gr3Rting Sf
den~'iRg site pl3A and architectur31 apprev31 to the city
: ca"A€il withiR 19 a3Ys after said ge.i.ieA is filea with tAe
, city cieri,. ':0113 appeal sholl bS filed witA the oity clorl, In
,','riling upon farms previded 0)' the directar ef pl3nning and
b~ildin~ and se accompanieg by Il1g ngmgf1JniJasle
're~wired fee tRerefor. The ~ppeal sAall ;R8luee 0 statement
" of tAe rea€ens swppartiRg the appeal, IRGI"siRQ a
! demaRstratiQA tRat an)' ic€"es beiRg r3i.eg '\Oere r3i€ed
!awriAQ the pwblic he~ring. If a proper appeallc fileg within
:tho time limits sf3eei'RG~, it 3l:.1t9t=113ti(:3!1~' st:J.'f& raracGoaings
'in the malter ~Rtil a delormlnation is [Aage by the city
'co~nsil eR tRe 3ppeal.
, ". U!'aR tAe filiAQ af ti'1e 3ppeal, the oit~. slerk sAall set
. the matter for pwbli. RaariRg, giving the same Aollce ac
:fe~"ireg iA CVMC 1912.g79 3Ad 1912999. TAe city clerk
'sh311 send tAe dirGotar af plan Ring aRS ""llsing 3 du!'li8ate
o sop)' af tAe appeal aRd SA311 l,"ngrAIt ta IRe city cauRsil IAa
o rniRwtes of Ihe Aoa~A@ belere tho planAing camrnlGsion
'3nd/or zaRiRg adrninistrotor (if 3ny). 3nd all other e'lisenco,
I",ops, papers 3nd eXAibits "paR wRi.h the pl3nning
'commiGsian mage its decisian.
,
o F. I'.lter AeariR@ tRa 3ppo31, the sit)' Ga"Asil "'a~', by
ircsel\;;ltisA, JffjFm, O:8'.'QrSC er m8gif'/, iF! '"/R818 Sf iR 3ny
'~art, ony detenminatian af Ihe zoning administrator or the
! planAiAg .amm:sslan. The SQUAsil r-esalutioR b~' '''AisA tAe
;appeal is decided sRall cantaiR finElings af fasts sAswing
:wherein Il1e prajes! meets or f3ils to meet the 3pplrcable
Isita ~Ian and architest~ral p~nciples in CVMC 19 1447Q,
. the pravisions of tAa aesign manu31, sr 3A~' de.ign
'staRd3rds re~"ireg fer the project, or ather Ronsonformity
,'/Iilh IRa fe~uire"'eAts of tAis sRapter. .^. co~~' of tAO
aeds:ien rm:s!~tjon sf tf:Je sit~' ~9b1RSrl sh31t se lice WttR tA9
'sit; .Ierl~ 3nd mailed ta tAe 3pp'icant. (Ord. 2790, 1999:
,Ord. 2587 91, 1994; Ord. 1212 ~ 1, 1969; pnor code
,933.1313(A)(6))
I
119.14.485 landscape plan approval - Purpose _
,Required when,
The purpose of landscape plan approval is to determine
compliance with this title and the provisions of the
04/14/20 1 003/29'20 1 0
4-23
landscape manual of the city. Landscape plan approval
shall be required for the follo'l.'in~ projects pursuant to
CVMC 20.012.030. : R'lwlti~lo family, oOR'lR1oreial, iRswstrial,
planRed ~Rit do"elepment, wnGlasGlfied wsos, remosolin~
o\'or $29,900 for the abo'le ~ses, develepm8Rts with
'procise plans, parking IQt. with five 9r mom 513115 3A9
:9raoeo <Iope<. (Ord. 2616 3 3,1994; Ord. 201132,1982).
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 requlations.
. Each application shall also be accompanied by the
'required filing fee(s).
[-S,Appeal, The zoning administrator shall approve,
'conditionally approve or deny landscape plans. The
'applicant may appeal a denial or condilions imposed upon
'approval by filing a written appeal to the plaAnin~
oGR'lF'Aissioncitv council, in accordance with CVMC
11914.050, within 10 business days of receipt of notification
'of denial or conditional approval from the zoning
'administrator. Such appeal _shall be in writin9 on the fomn
: 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 andlor other applicable ordinances, manuals or
: policies of the city. The planning eaR'lFAisoiencity council.
: may grant, conditionally grant, or deny the appeal. The
,decision of the city council planning eommissian is final,
and shall be based upon the landscape manual, andlor
. other applicable ordinances, manuals, or policies of the
iCity. (Ord. 2616 94,1994; Ord. 2506 91,1992; Ord. 2011
'92,1982).
;
1
119.14.490 Home occupations - Permit required when-
i Restrictions and requirements - Revocation when -
!Appeals.
: In any R zone, a customary home occupation may be
! pemnitted subject to a home occupation pemnit granted by
Ithe development services planning director which is merely
i;ncidental and secondary to residence use. Each such
: permit shall be accompanied by the required filing fee(s).
I The followin9 are typical home occupations, fine arts,
i handicrafts, dressmaking, millinery, laundering, preserving,
home cooking, route salesman; or secondary office of a
doctor, denlist, lawyer, architect, engineer, teacher or
,member of another recognized profession. The home
'occupation shall not:
A. Involve the use of power equipment using motors of
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
with a residential use;
marvl
Page 17_
EXHIBIT A
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
develOcment services[:JIiJ.Rning 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
,any 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 3 1. 1992; Ord.
,2011 91, 1982; Ord. 1212 91, 1969; prior code
,~ 33,1314).
'19.11.500 ZeRiR!! permit Re,!~i,.d wheR
, I<xGeptiaRs.
The pyrpGse 9f the zaniA~ permit is to seeyre
,GGFApliance '''itA the proviS!9RS 9f tAis title by prGpeFtj
9wners re~Yes~ng awilding peFmits. Fr9R'1 and alter .^\ugust
,B, 1989, no OWRer shall establish er ~on'Ait the
establishment of any ne'v or chaRgod ~<e 9f any lano 9r
awilding until a z9Rin~ ~ermlt thereler has been iss~ed by
,tho auilding ins~estar; ~ra"ided, howe'!er, that n9 zaniR~
: permit sAal1 be re~wir8d ler tAD ~raeticD of AertiGultwre er
!ler !Jrazin~ ef li"estack. (Ord. 1212 ~ 1, 1989; ~rier code
~ dJ.1d1a)
,19.H.510 ZeRiR!! ~ermit ,~ppIiG.tieR.
. I\pplioalian shall be F'Aade bj' Ihe prGperty e'''ner or
:a!Jent tRe'eef on a f8rFA presGribeo by the oity, and shall be
'aBGom~aRied bj' the re~wired filing fee(s). (Oro. 259. ~ 1,
11992; Ors. 2Q11 ~ 1, 1992; Ord. 1212 ~ 1, 19';9; prier cede
'~ ...1315('\))
I
! 19.H.5:a0 ZeRiRg permit AGGempaRyiRg deGymeRts
; r8~wired.
The applical!en sRal1 ae aGcempanied by drawlAgs
,re~wired bj' tAe building Geoe aAo, in adoitieR, by a ~Iot
: plan sRe"'iA!) IRe lot lines and olmensiens and lesatlons of
.impro'!oR'leAls "'itR eimensisns and any other data
. neBessar,' Is sRa'" ~hat yard req~ir8ffients aAs all sther
pra"isions sf tRis title are f{JI~lIed. (Ord. 1212 ~ 1, 19.9;
,prier osee ~ 3J 1J1i3(B)).
;19.14.530 ZeniRg permit ISSyaRSe prere,!Yi&ite&
CampliaABe r-ell~iFed.
, It shall ae tRe dwt,' 9f tha awildiRg ie.s~eslar Is iSS~8 a
:2ening ~erl'Rit; ~re'lided, Re is satisfied that the slrwoture,
iauilding. ar premises, and the proposed ~se IRereaf,
I COnf<3FfI1 wit" all req~ireA1onI5 withi" (Ris title, ami IRat 3'1
letAer re"iov:s and aetieRs, If any, sailed for in this title ha'le
4-24
04/14/?OI003/29/2QIO
l3een oerR~lied with 3nd oil neGeeeorj o~pmvole <eGured
'tRerefer (Ora 121291,1969; prior Goae 9..1015 (C)).
,
!19,11,510 ZeRiRg permit Use limitatieRs Oieplayof
1 peFFRit re({Yir.ed.
. L3nd or l3uilding6 "'3Y l3e eooupieEl oAe "<eEl ani, fer the
. yee fer whiGR the zeAing ~ermi~ ie issyae a3is zening
'~ermit <"311I3e ElI.~[ayee eA IRe site. (Ora. 1212 'j 1, 1969;
~riorGese 9 JJ.1:J15 (0)).
I
I
,19.11.559 ZaRiRg permit Creynds fer reva.alien
. Nali.e req"ired Time limil fer "58.
i The zoning ~erFrit may l3e re',a[md in either 8f the
:fullawing .ityotiaR<:
: ,'I. In aAY cace where the GaRElitieR. 8f s"oh ~er",it h3ve
; Ret l3eeR er "re ASt "em~lies 'vith, the ~ermittee .Ra[1 l3e
: gi"en l'1etice gf intenti9A tg ro"9ke E.l:JGR permit 3t le:u:t 1 g
's"y< ~Aer te reveGaliaA. Noter GenclyeioA af s"ie 19 El3YC,
'the ~ermit may l3e revoked.
Q. [R aAY "3ee wRere tRe zaRing ~eri+1it h"e Rat seeA
l yeaa witRin Gix ",anths alter tRe Elate af granting tRereaf,
itheR, '!:itheyl fyrt"er JGtieR, IAe permit grJRted 5"31113e nyll
,3A8 vais. (Ord. 12129 1, 19139; pFiar code 9 JJ. 1.16(0:))
,19.14.570 Precise plan approval.
Where use is made of the precise plan procedure, as
'provided in this btle, a buildinoi!Gf\if\g pemnit shall not be
issued for such development or part thereof until the
planning commission and city council have appmved a
precise plan application for said development as provided
:in CVMC 19.14.571 thmugh 19.14.580. (Ord. 1632 92,
1975)
119.14.571 Precise plan approval- Application and fee.
I Application shall be made on a fonm prescribed for this
Ipurpose by the city and shall be accompanied or preceded
! by a zone change application establishing the P modifying
I district. The required fee(s) shall accompany the precise
:plan application (Ord. 2506 91, 1992; Ord. 1961 91,
11982; Ord. 163292,1975).
i
i 19.14.572 Precise plan approval Required
i information.
I The application shall include:
A. The name and address of the applicant and of all
persons owning any or all of the property proposed to be
used. The application must be signed by the owner/option
: holder, or written permission must be given authorizing an
agent to sign the application;
B. All data and map. a. specified in CVMC 19.56042.
(Ord. 163292,1975).
19,14.573 Precise plan approval- Publ,ic hearings.
A public hearing shall be held by the planning
commission and city council as provided herein:
A. The hearing before the city council shall be set by the
city clerk with in 30 days after planning commission action.
marvI
Page 18
EXHIBIT A
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 .hall 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 9 2,1990; Ord. 1632
92,1975)
: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 condi~ons. 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 far approval shall
,require the affimnative 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,
237492,1990; Ord. 163292,1975).
;19.14.575 Precise plan approval- City council action,
The city council, after the public hearing and
consideration of the matter, may affimn the action of the
: planning commission, deny the action of the planning
. commission, or modify conditions recommended by the
: planning commission. An affinmative vote of at [east three
; members of the city council shall be necessary to change
'or modify the recommendations of the planning
:commission. (Ord. 163292,1975),
!19.14.576 Precise plan approval- Findings,
: The planning commission may recommend approval of
ithe 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 10 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
I
:1956041;
C. That any exceptions granted which deviate from the
. underlying zoning requirements shal[ be warranted only
i when necessary to meet the purpose and application of the
: P precise plan modifying distric~
D. That approval of this plan will conform to the general
.plan and the adopted policies of the city. (Ord. 1632 92,
,1975),
04/14/20 l003 f~9!2919
4-25
19.14.577 Precise plan approval - Modifications of the
precise plan.
Requests for modifications shall be submitted to the
development services planning director in written fonm and
shall be accompanied by the required filing fee(s) and such
'additional maps, statements or other information as may
: be required to support the modification If the proposed
modification is deemed by the development services
director 01 ~laRnin~ 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
S 1, 1992; Ord. 2011 S 1, 1982; Ord. 1632 S 2,1975).
'19.14.57a Precise ~laR apprav.1 ZaRiR!!
i .aomiRistrater.
, Following t~e resommend3tions sy the pl3Rning
'commission 3nGl a~~ro~al of a weGise plan by the Gity
;S8WAGiI, thG Z9r:1jA~ 3E1miAie::tr3tgr E:R311 istble 3 zoning
: permit as provideGl in C'IMC 1 g, 14 .,Og t~rgygh 1 g, 14.,50,
:anGl t~e sYilGling iRs~estQr shall ORSyre that Glevelapment is
'"RsertakeR anGl som~letes iR sonlafmanGe '"'ith the
'approved ~Ians, (OrGl. 1en Ii 2, 1975).
i 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 01 precise plans for multiple-family
dwelling, commercial, or industrial projects shall be
'procedurally governed by the rules adopted by the design
review boardcammittee, created under CVMC 19.14.581,
(Ord. 1893 S 1, 1980; Ord. 1771 92,1977).
,
:19.14.580 Precise plan approval - Multiple-family
,dwellings and commercial or industrial projects
:Zoning administrator.
i Following the approval or conditional approval of a
1 precise pian for a multiple-family dwelling, commercial, or
;,ndustrial project by the design review boardsommittoe, or
I upon appeal, by the planning commission or city council,
ithe _~gFlir:19 3amini5:tr3tor sh31! issbJe 3 zgf.1ing p8rmit, :Jf:
proviGleGlIA CWIC 1Q14.~QQ thfOUg~ 1Q.14.55Q, aRd the
'building inspector shall ensure that the development is
i undertaken and completed in conformance with the
;approved plan. (Ord.1893 91,1980; Ord. 1771 S2, 1977).
.19.14.581 Design review boardcammittee Creation.
I In order to relieve the planning commission of certain
routine functions necessary to the proper administration of
this chapter, to intensify this municipality's effor.s to
improve its townscape, and to promote the orderly growth
and amenity of the city and environs, there is established a
design review board_el'Rmittee with such authority as is
granted by this chapter. The design review
board_ammittee's purpose is to ensure that development
marvl
Page 19_
EXHIB IT A
within the city of Chula Vista is orderly, of a high quality,
-and consistent with city-approved design guidelines. (Ord.
'282291,2000; Ord, 1771 S 3, 1977).
,19.14.582 Design review boardcemmittee - Duties and
responsibilities. -
A "rhe design review board,somFf1ittae or chula vista
. redevelopment corporation for prolects within a desionated
redevelooment proiect area, shall review plans for the
establishment, location, expansion or alteration of yses er
structures in all multi-familvR4 residential -zones, all
'commercial and industrial zones, ans .o'lelo~meRI and
rese'/elopm"!nt "'ithin reGlevele~ment prejeet orca
boyn.arieG, and shall approve, conditionally approve or
'deny such plans"" eHsept "'hen projcsts ::Jf':e "'itl:1iA tJ::1e
,be"Rdaf;e. of a redevele~ment ~roject, iR '"'h'sh saGe t~e
:so"'FRittee .Rall rGaommeRGI ap~ro'lal, aOR.ilioRal appro'"al
ar d8Aial te the reGlevelo~meRt a~ens\' of the ail';. The
caFRmittee shall reRder desiEiaRs OR FRinor pmposals as
. defiRed iA agensy ResaMian ~Ia. 71.
8. Tl:1e seE:ign rGvie'" Gommittee st.'\:J1I 315:9 review ~13AS:
far t~e o.taslishfReAt, losali8R, expansion or alteration of
mYltiple f:Jmily 9welling yses, majer YSe permits and
:seFFlA49rc:i:11 sr iR9bJstri:i1 FJrejests Sf strl.:lc:t6lfeS loc3te9
withiA tha 1Q8~ Montgemery annexatieA area, a REI
:goverRed sy Chapter ~ C'IMC.
. !?,G. The responsibility of the design review
'boardsemmittee 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 DR!;!G shall consider
the costs/benefits of any recommended improvement as
; reported by the applicant
, D. TAe geEi~n re'/ie'"' committee shall revia'" all
rappeals filed la seRtest SigA Glesl~n r~lings of the zaRing
'aGlmiRistr-ator
E. The design review boardsommittee shall base ItS
findings and actions upon the provisions of the effected
idesign manuals of the city.
F. The design review boardsammitte8 shall prepare and
'adopt operational procedures, bylaws and business forms,
G, The design review boardsammittea shall submit
,annual reports on its operations to the city planning
'commission~ aAg r8de'/ela~"'aRt ",eAsy.
H. The fee for a hearing before the design review
boardeo""""ittae is the required fee(s).
I I. The zoning administrator has the discretion, with the
.concurrence of the applicant, to act in the place of Ihe
design review boardsoml'Rittae in the case of minor
projects, including signs; "o",merslal, indysteial or
im:titution31 asElitienE which sonstiMe less than a 50
,peffieA! iAsrease iA ~oor 3re3 er 20,gGg sqyar8 loet,
whisha'/er ;s less; and resideRtlal ~roje.ts of Ie~r ~Aits or
ICE:&. Tt.le 19RiAg 3dmiRif:tr3tSf r-Tl:Jj .:315:8 3Bt ir.1 tt',e pl:Jco of
,the 9asign re'/ie'\' s8FRmiltee iR the 83se of new
'construction or additions to commercial, industrial, or
,institutional projects with a total ftoor area of 20,000 square
:feet or less and residential oroiects of ten units or less,
04/14/201003/"9/2010
4-26
'wheA such wejects ore 19C318d witAiA 3 flaARed
!comrr:n"lnip' :IrQ:! '''ith it!: own assign g!6.Ifeeline& ::and dacign
: revi8',\, fr~cess The zonlnq administrator shal' base its
Ifindinqs and actions upon the provisions of the effected
! desiqn manuals of the city. A decision of the zoning
'administrator may be appealed to the city council~
:review committee in the same manner as set forth in
CVMC 19.14.583. The fee for zonin9 administrator design
: review shall be the required fee(s). (Ord. 2822 S 1, 2000;
Ord. 2603 9 2, 1994: Ord. 2506 9 1, 1992; Ord. 2365 9 2,
1990; Ord. 2350 9 1, 1990; Ord 2309A 9 4, 1989; Ord.
214291,1986; Ord, 2036 9 1, 1983; Ord. 1961 9 1,1982;
'Ord. 189391,1980; Ord. 1771 93,1977).
,19,14,583 Design review boardce......itte. - Appeal
, procedure,
I A. Exceft en decisions involviAg the red8vele~ment
. prejeoto,T -Ihe applicant or otner interested persons may
file an appeal from the decision of the design review
'boardeorAA'11ttee to the city council pl3nning s9",,,,issieA
: within 1 0 business"}9"I<iAg days after the decision is made.
!~Iea "'itn the city clerk. The apflisant Ras tAe sheise of
'~IIAg 3A appeal from tAe aeslgA re"ie'" cemA'11liee airectly
Ite either the pla.nning semmi!:don or sity ~mH'Gil. The
,appeal shall be in writing and filed iA triplicate with the
'development services plaRniAg department on forms
'prescribed for the appeal, and shall specify therein the
;argument against the decision of the design review
'boardcemmitlee. If an appeal is filed within the time limit
'specified, it automatically stays proceedings in the matter
'until a detenmination is made by the cltv councilplanAing
icernrnissieA, er city ceuRcil. ,^,II 3fpeals FCgaraing projects
'within fGdevelof",eAt frejects shall be filea 'IlilA tAe
IGireoter ef 6e",,,,uAity Ge"eI9f",eAt aAG 19r"3fGe~ te the
'ageRsy.
i B. Upon the hearing of such appeal, the 9rl
':council!3I::mPliF1~ 6:amrniE:sisR may, by resolution, affirm,
i reverse or modify, in whole or in part, any determination of
\ the design review boardssF'RfRitlee. The resolution must
1 contain a finding of facts showing wherein the project
fmeets or fails to meet the requirements of this chapter and
I the provisions of the design review manual.
C. The decision of the city councilpl3nAin~ comR1i€sion
: is final.may be apfealea te tAe city S9"ASil in tAe same
,manAer as oet fortA in tAis seclioR for 3fpeals to the
i pbnniA~ cemmissien. (Ord. 28229 1, 2000; Ord, 2036 9 1,
: 1983; Ord, 1994 9 1, 1982; Ord, 1771 S 3, 1977).
119.14.584 Design review boardGommittee
; Membership qualifications,
: A The design review boardcommiilee shall consist of
. five members appointed by the majority vote of the council.
i The membership shall be comprised of persons sensitive
jta design consideration and interested in townscape
i matters. Persons qualified for membership shall include
: architects, landscape architects, land planners, aevelopers,
iand other design professionals with suitable experience.
marvl
Page 20
EXHIBIT A
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 9 1,
2000; Ord. 1771 93,1977).
:19,14,58'6 Design review boardsemmilt.e Removal or
: vacancy.
i Any member of the design review boardcom",ittee may
,
,be 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 members 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,
I(Ord. 1771 S 3,1977)
,
,
,19,14,587 Design review boardsemmittee - Quorum,
, A Three members ohall constitute a quorum. Action by
,the design review boardcommitloo requires a majority vote
iof the quorum,
B. If a project is scheduled for a meeting of the design
,review boardcofRmiliee for final approval, and a quorum is
. not available for the scheduled meeting, the applicant may
: choose to have the matter considered by the DR~G at its
next meeting, may request a special DRJ2G meeting to
'consider the matter, QLmay request that the DR~G
application be considered by the planning commission (at
no additional cost to the applicant) at its next available
i meeting (subject to public noticing requirements) for action,
: 9r may ro~"est that the DRe 3fflisatiGR be refe,,""
i "irs6tly 10 the city co"nsil (at Ae 696t 19 tRe afflicaRt) at its
; Rext a\'311381e ",eeting (subject to publis noticing
,r...~uiremGAts) for 3otieA.,-(Ord. 2822 91, 2000; Ord. 1771
93 1977).
119,14,588 Design review boardsem",illee - Schedule
: of meetings,
: The design review boardeemmitlee shall meet at least
ioncelV<iGe 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 93,1977)
;19.14,589 Design review boards....",ittee Election of
, officers,
I At the first regularly scheduled meeting of the design
'review boardoe",mitlcc, and on each July thereafter, the
!members 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 9 3, 1977).
;19,14,590 Fees for appeals and requested actions
before the desian review board planning GemmiSEi9R
'and zoning administrator,
04/14/2010031:29/:2910
4-27
For all appeals from actions of the desion review board n
pl3.nning c::ommiE:sion or zoning administrator or any appeal w
,filed pursuant to Chapter 19.12 or 19.14 CVMC, the fee
shall be the required fee(s). In addition, any request for 0
,action by the planning commission not specifically covered .a
'within the fee structure established by this chapter shall be ,fr
'subject to the required fee(s) therefor (Ord 2506 !') 1, 0
:1992; Ord. 2011 S 1,1982; Ord.1813 S 2,1978).
'19.14.591 Continuance of project. e
. Any action by the DR6.G to continue a project shall be d
done with the concurrence of the applicant. If the applicant 'p
does not agree to a continuance of the project the design s
review boardosR1R'11tt8G shall render a decision. If the p
'projeot is dented an explanabon of the reasons for denial 'th
shall be provided. (Ord. 2822 S 1, 2000). a
I ir
19.14.592 Implementation of design review ,n
boards"mmittee functions in designated areas by !u
Chula Vista redevelopment corporation. c
In accordance with Chapter 2.55 CVMC, and 0
Inotwlthstanding any provision of this ohapter, the Chula b
Vista redevelopment oorporation shall carry out the duties s
of the design review boardosmmittee within those
geographic areas of the city that the city council designates e
. as areas within which the Chula Vista redevelopment 0
'corporation has the authority to exercise planning and
redevelopment functions. (Ord. 3009 S 4, 2005). v
i
19.14.600 Design review approval - Time limit for t
implementation - Extensions.
, (a.)A. A desion review approval (permit) qrants the
.applicant 36 months to initiate utilization of the permit. A
: permit shall be deemed to be utilized if the property owner
; has substantially chanoed his position In reliance upon the
'qrant thereof. Evidence of chanoe of position would include
:completion of construction. substantial worl< has been
: performed in reliance on the permit qranted or the use of
! the property in the manner qranted bv the permit..
~B. Expiration Date. A permit and the riqhts oranted
thereunder shall expire if the applicant has not utilized the
permit prior to the expiration date of the permit. includino
any extensions oranted pursuant to subsection (c) of this
section.
, CiG). Reouest for Extension. Prior the expiration of a
,permit. the appropriate decision maker whether the zonino
administrator the Dlannina commission. or chula vista
: redevelopment corporation for proiects within a desionated
redevelopment proiect area mav orant an extension of
time contained in a currentfy valid cermit without a public
hearino upon reouest of the property owner; provided that
1. Tlhere has been no material chanoe of circumstances
since the orantino of the permit.
2. That such chanoes. if anv -which when considered in
coniunction with the construction or use of property
theretofore permitted. would not be iniurious to the
marvl
Page 21
EXHIBIT A
eiohborhood or otherwise detrimental to the public
elfare.
D. Stay of Proceedinos. If an application for extension
f time is filed in a timelv manner the perm it shall be
utomatically extended for a period of 60 calendar days
om the expiration date or until a decision on the extension
.
f time has been made, whichever occurs last.
~
(d) Review of Application. An application for an
xtension of time of a permit shall be reviewed bv the
eve!ooment services director to determine whether the
reoosed development has sianificantlv chanced or is in
ubstantial conformance with the approved permit. If the
roposed development is in substantial conformance with
e aoproved oermit. an extension wi!! be aranted and an
pplication for an amendment to the permit will not be
eouired. The extension of time mav be qranted without
ctice or public hearinq by the orioinal permittino authority.
Don makina a determination that the nndinqs and
onditions of the oriqinal approval still apply and If the
rioinal permit account balance is In oood standino. The
urden of proof is on the Dermittee to establish with
ubstantial evidence that the permit should not expire.
F. Lenoth of Extension. An extension shall not be In
xcess of for biG to :m 888itieral 12 month s from the
rioinal expiration date R18'i be qrantcd of the permit.
G. Fees The feels) for an extension of time for a
aria nee or conditional use permit sha!l be in the amount(s\
ndentified in the master fee schedule or any amendments
heretolhe rea"icsd feels).
(Ord. 2506 ~ 1, 1992; Ord. 2011 ~ 1 1982: Ord. 1212 & 1
1969 prior code Ii; 33.1310).
Design review appcs'lal will be seneilisnse en IRe ~18R
bein!O i",~laR1ented within SRa year after tAe effective
a~~FQval eate thereaf 1",~lefAeRtatian af tAa ~Ian woule
inol"ee c9FRf3leti9rl ef constry.tieA er sYbsl3nllal
eX~DReit"res ef R1eney by tha ~roperty owner ~re~aFater;
te .enstr"ctien. If tAeFa Aas beeR a la~&a ef work fer tArae
montAs aftGr cefAmensement, tAe a~provee plans shall be
"Gie. TAe eeci!On I=GViO'f.' GOmmitt99 gr the zonin~
:J.9r=F1iAistrater FRay [3r3At 3A extensien of timo (-or 3 cblrrentl~'
valis plan upen appeal sf Ihe pro~erty e'l'ner; ~ro'lided,
that 1I19re Aas beeR Re ",aterial chan~e of CIfCym&taROeg
since the eri~inal graRt ef approval whish woyld be
injuris"& te the neigAberheod or ot~erNise detriR1antal to
the pYbliG '''elfare. ne ap~licatien for an exteRsien ef time
shall ee :Jccomp13nigg oy the m~Yire8 feels) (Ord. 2506
~ 1, 1992; Ord. 2309A!') 1, 1989).
19.14.700 Closinq of Permit Applications
The permit application file shall be considered inactive and
closed if the applicant fails to maintain a positive deposit
account balance and fails to submit. resubmit o r respond
to a reo u est for er rcsYbmit tsablOf:tes materials
infonmation or additional deposit within 90 calendar days
from the date the application was deemed complete or by
the date oroyided in the last written request by the City
04!14/201 003/29120~ 0
4-28
whichever is later. ^, fito is c8lisissf99 iR3ctr'lc if tho
:IDDllc3nt is ner1 rccponci'/o or not A1:JI-:iml fOr\\':::mj sroarcsc
on reQ~e5leEl inlsrmation or materials Irom t~c Elate the
aoeli8atieA was seemed 681,,0Ieto sr the 13st written
ma"est b't the Cir.. weiGhs'ier i. later. Once closed the
application. plans and other data submitled for review mav
be returned to the applicant or destroved bv the
Development Services Director. To reapplv. the applicant
shall submit a new permit application with required
submitlal materials and shall be subiect to all applicable
fees and reaulations in effect on the date the new
application is deemed complete.
Chapter 19.20
AGRICULTURAL ZONE
, Sections:
I~-'-
! 19.20.01 0
,19.20.020
,
: 19.20.030
'19.20.040
i 19.20.050
19.20.060
,19.20.070
i 19.20.080
! 19.20.090
'19.20.100
,
19.20.110
19.20.120
, 19.20.130
_ u _. _ __ _____
Purpose and intent.
Permitted uses.
. Accessory uses and buildings.
Conditional uses.
Repealed.
Height regulations.
Area, lot width and yard requirements.
Enclosures for animals.
Site plan and architectural approval.
Off-street parking.
Floor area per unit.
Off-street parking - Garages.
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 S 1, 1969; prior
code S 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
CVMC 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 S 1, 1981; Ord.1356 S 1, 1971; Ord.1212 S 1,
1969; prior code S 33.501(B)).
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily Incidental
to any of the above uses pennitted in the agriculture
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Page 22
EXHIBIT A
'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
,transien't 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 pennitted use;
E. Private garages and parking areas subject to the
'provisions of CVMC 19.58.230 and 19.58.280;
l 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 subjectto the provisions of
CVMC 19.58.310;
, L Accessory second dwelling units, subject to the
,provisions ofCVMC 19.58.022. (Ord. 2897 S 2, 2003;
'Ord. 2145!i 2, 1986; Ord. 2124 S 3,1985; Ord.1364 S 1,
:1971; Ord.1356 S 1, 1971; Ord.1212 S 1, 1969; prior
code S 33.501 (C)).
i
i
; 19.20.040 Conditional uses.
, The followino uses shall be permitted in the A zone:
i 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 19.14050 throuqh 1914090:
iCQnaitiSA:l1 uses in the 3gricultwr3128R8 ,im:Ib199:
i A. Poultry farms, subject to the provisions of CVMC
: 19.58240;
B. Kennels, subject to the provisions of CVMC
1958.190;
. C. Riding stables, subject to the provisions of CVMC
1958.190;
I D. Guest ranches, subject to the provisions of CVMC
i 19.58.270;
: E. Quarters, accommodations, or areas for transient
: labor in excess of two families, such as labor dwellings or
'camps, subjectto the provisions 01 CVMC 19.58 200;
, F. Stables and corrals. subiect to the provisions of
;CVMC 1958.310;
i G. Hav and feed stores retail. subiect to the provisions
'of CVMC 1958175;
H. Plant nurseries.
i The followinq uses shall be permitled in the A zone'
; provided. a conditional use permit is issued bv the plannino
04/14/20 1003.'29.'20~ 0
4-29
---------
------------------------
EXHIB IT A
'commission. or chula vista redevelooment corooration for
'proiects with a desicnated redevelopment project area. or
,for unclassified uses as defined in CVMC 19.54.020.
[I". Electric substations and gas regulators, subject to
,the provisions of CVMC 19.58.140;
JG. Unclassified uses. see Chapter 19.54 CVMC~,
H. Stables aRe serra Is, s"bi!'ctlo the i'FO'/is'e",; of
'CVMClg-lis:.j'g:-" -- ,n.u__, . ".n
I Hay-3Rs ieeii storcs, ret3T(s,jijeEitte the'~r9';isTQR5'ai
c"r~c 1Q5S.175;
J. Plant R"rseries. (Ord.1604 91,1975; Ord. 135691,
1971; Ord.121291, 1969; priprcode9 33.501(0)).
I
'19.20.050 Sign regulations.
. Repealed by Ord. 292493,2003. (Ord. 1575 S 1,
'1974; Ord.1356 S 1,1971; Ord.1212 S 1, 1969; prior
I
,code S 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 S 1,1971; Ord.1212 S 1,1969;
: prior code!i 33.501(F)).
.'
I
19.20.070 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 2-112 50' 20 50 50
A-X as designated on zoning map 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 sruul take precedence over the setbacks
required in the zoning district.
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Page 23
04114/20 I 003/29 '2010
4-30
19.20.080 Enclosures for animals.
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.121291, 1969; prior code 9
i 33.501 (H)(1)).
.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. 121291,
1969; prior code 9 33.501(H)(2)).
19.20.100 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 91, 1971; Ord. 121291,
1969; prior code!i 33.501(H)).
19.20.110 Floor area per unit.
Minimum floor area regulations shall be as required
in CVMC 19.24.130. (Ord.1356 91, 1971; Ord. 121291,
1969; prior code 9 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,
see CVMC 19.62.170 through 19.62.190. (Ord. 1356!i 1,
1971; Ord. 121291,1969; prior code!i 33.501 (J)).
19.20.130 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!i 1, 1971;
Ord. 1212!i 1, 1969; prior code!i 33.501(K)).
Chapter 19.22
R-E - RESIDENTIAL ESTATES ZONE
Sections:
19.22.010 Purpose.
19.22.020 Permitted uses.
19.22.030 Accessory uses and buildings.
19.22.040 Conditional uses.
19.22.050 Repealed.
19.22.060 Height regulations.
19.22.070 Area, lot width and yard requirements.
19.22.080 Minimum lot frontage.
19.22.090 Minimum lot area - Reduction permitted
when.
19.22.100 Floor area per unit - Minimum - Purpose
and intent.
19.22.110 Floor area per unit - Minimum -
Regulatory provisions.
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Page 24
EXHIBIT A
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.~70 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
!i 1, 1969; prior code !i 33.502 (A)).
I
i 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!i 1, 1969; prior
i code !i 33.502(8)).
,
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
:19.58.020(0), and not rented or otherwise conducted
;as a business;
, B. Customary incidental home occupations, subject
to the provisions of CVMC 19.14.490;
i C. Private stables and corrals, subject to the
iprovisions 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;
i E. Temporary tract offices and tract signs, subject to
Ithe 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:
i 1. It is ground-mounted;
i 2. It is not located in a front yard or exterior side
,
yard, said yard to be measured from any portion ofthe
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
grade;
5. It shail be located on lots where at least a five-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;
04/14/201003/29/20 I 0
4-31
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
:the ordinance codified herein, which do not conform to
;the requirements ofthe provisions ofthis 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 oHhis section;
i 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 !i 3, 2003;
Ord. 2269!i 3, 1988; Ord. 2160!i 1, 1986; Ord. 2145!i 2,
1986; Ord. 2138!i 1,1986; Ord. 2124!i 4,1986; Ord.
2111 !i 2, 1985; Ord. 2108!i 1,1985; Ord. 1575!i 1, 1975;
:Ord.1356!i 1, 1971; Ord. 1212!i 1, 1969; prior code!i
33.502(C)).
i 19.22.040 Conditional uses.
, The followino uses shall be oermitted in the R-E zone'
~ provided a conditional use cermit is issued in accordance
:with the provisions ofCVMC 1914.030(A) or 19.14,040 as
'mav be applicable: and 19.14.050 throuQh 19.14.090: S4e
: pia" aRe arshitestuml approval as pre\'ieed in CVMC
i 19.14.420 IRreY9h 19,11.189 shall ~e required ler Ihe
'fello""i"9 seRditional ysas in the R E zene:
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);
B. ~18QtriG: EI::JBstatisRs ami g:JE rogulatsrs, sblejeet te tne
pr-ovisieRs 8f CVMC 19.8110,
C. UAslassifiee "ses, see Chapter 1JLH C\'MC;
~. Dwelling groups, subject to the provisions of CVMC
1958,130.
The followinc uses shall be permitted in the R-E zone:
provided. a conditional use permit is issued bv the planninQ
commission or chula vista redevelopment corporation for
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Page 25
-_.._-_._~----
EXHIB[T A
: croiects with a desionated redevelocment croiect area or
:Ior unclassified uses as defined in CVMC 1954.020.
C. Electric substations and cas reaulators subiect to the
'crovisions of CVMC 19.58.140'
. D. Unclassified uses, see Chaoter 19.54 CVMC.
(qrd. 22699 4, 1988; Ord. 2111 9 3, 1985; Ord. 1356
,9 1, 1971: Ord. 1212 9 1, 1969; prior code 9 33.502(0)).
19.22.050 Sign regulations.
Repealed by Ord. 2924!i 3, 2003. (Ord. 1575 !i 1,
1974; Ord. 1356!i 1,1971; Ord.1212!i 1, 1969; prior
,code 9 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 9 2,
'1986; Ord. 1212!i 1, 1969; prior code!i 33.502(F)).
19.22.070 Area, Jot 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:
04114/201003/29 nOlO
4-32
EXHIBIT A
Setbacks in Feet
Minimum Lot Minimum Lot Exterior Side One Side Both Side 'I Rear
Classification Area (sa. ft.) Width (ft.) Front Yard Yard Yards ;
R-E 4A 4 acres i 200 25* 20* IS 30
R-E 2A 2 acres \ 200 25* 20* IS 30
R-E 40 40,000 ISO 25* 20* IS 30
R-E 20,000 100 25* 15* 10 20
* Or ~ot less than that specified on the building line map shall be provided and maintained. The setback
requU'em~nts sho~ on ~e adopted building line map for Chula Vista shall take precedence over the setbacks
reqUIred m the zorung dlstnCt.
25
25
25
25
(Ord.1356 ~ I, 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
when.
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 lots within the area being subdivided.
(Ord.1356!i 1, 1971; Ord.1212!i 1,1969; prior code!i
33.502(H)(2)).
19.22.100 Floor area per unit - Minimum - Purpose and
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
an enhancement of the economic value of the
immediate neighborhood and the entire community.
(Ord.1212 ~ 1, 1969; prior code!i 33.502(1)(1)).
19.2~.~10 Floor area per unit - Minimum - Regulatory
provIsions.
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Page 26
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
I bedrooms and den, family room or any other such
room designated for miscellaneous purposes, or more.
(Ord. 1500 ~ 1, 1973; Ord. 1213 !i 1, 1969; Ord. 1212!i 1,
1969; prior code ~ 33.502(1)(2)).
!
119.22.120 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!i 1,
:1971; Ord. 1212!i 1,1969; prior code!i 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 !i 1,1971;
,Ord.1212!i 1, 1969; prior code!i 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.
04/14/2010Q3/29/2010
4-33
; B. No lot may be created or developed under this
'provision which could otherwise be served by a public
street unless approved by the director of planning and
the city engineer.
, C. All development permitted under this provision
shall be subject to the regulations and requirements of
'this title except as otherwise regulated in this section.
D. The division of any property under this provision
shall be subject to the regulations of the State Map Act
and subdivision ordinance ofthe city.
E. Not more than four lots served by a private road or
easement shall be allowed under this provision unless
this restriction is waived by the director of planning or
city council.
F. The responsibility for the maintenance and cost of
maintenance of all common areas, roads or easements
: and guest parking areas shall be shared under
: contractual agreement by the property owner of each
'lot; this shall be accomplished through the formation
.of a homeowner's association.
G. Development Criteria.
, 1. Road and easement widths shall be as follows:
'one lot, 15 feet; two lots, 20 feet; four lots, 20 feet; five
: or more lots, 24 feet, in accordance with private street
,standards as outlined in city's subdivision manual.
,These widths may be increased if it is detennined by
'the director of planning that a sidewalk Is required.
, 2. All driveways, guest parking areas and roadways
: shan be paved with a minimum of five inches of
: portland concrete cement.
: 3. Each lot shall contain an area not less than the
: minimum lot size of the undertying zone exclusive of
; all private roads, common areas and guest parking
areas.
4. All on-site utilities shall be undergrounded.
5. Each dwelling shall be connected to a gravity
'sewer unless otherwise approved by the city engineer.
6. An on-site fire hydrant may be required by the fire
department when such is deemed necessary.
7. Guest parking shall be provided as follows:
! One lot, one space; two lots, three spaces; three lots,
:fjve spaces; four lots, six spaces.
The individual driveways to the garage shall not be
construed as meeting the guest parking requirement.
, 8. Accessory structures shall not be located closer
than 10 feet to any dwelling located on adjacent
, property.
9. The following setbacks shall be observed:
a. Front yard: 15 feet from any access drive and
,guest parking areas;
, b. Any garage facing an access drive shall be a
'minimum of 22 feet from the drive;
c. Side yard: not less than that required by the
underlying zone;
d. Rear yard: not less than that required by the
underlying zone upon initial construction.
! 10. A minimum five-foot-hlgh fence shall be provided
'on each side of the private drive behind the front
setback and on those property lines abutting adjoining
marvl Page 27_
EXHIBIT A
properties. This requirement may be modified or
waived by the director of planning if it Is found that
said fence is not necessary for the protection ofthe
adjoining properties.
! 11. If the property is graded to create a building pad
,for ejlch lot, the minimum level area (no slope over five
'percent) of each pad shall be not less than 80 percent
,ofthe minimum lot size of the underlying zone, but in
no case shall the minimum area be less than 5,000
'square feet. 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.
: 12. Guest parking areas shall be adequately
,screened from on-site and adjacent residential
properties.
, H. No garage conversions shall be permitted.
, I. Development shall be subject to site plan and
,architectural approval of the director of planning. (Ord.
:2399 ~ 1, 1990; Ord.1868 ~ 2, 1979).
,
19.22.160 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
,45 percent ofthe lot area for single-family dwellings on
,lots of 7,000 square feet or greater and 50 percent of
,the lot area or 3,150 square feet, whichever is less, for
,single-family dwellings on lots of less than 7,000
square feet. The floor area ratio calculation shall also
i include the square footage of patios, garages and
i other accessory structures present on the lot, but
: excluding covered patios open on at least two sides
I and covered porches open on at least one side with a
Itotal combined area of 300 square feet or less. For
[these purposes, an "accessory structure" is defined as
;any structure which rtses four or more feet above
,finished grade. (Ord. 2559 ~ 3, 1993; Ord. 2144 ~ 2,
:1986).
,
i 19.22.170 Building additions and remodeling.
: A. Additions, Greater than 50 Percent. If an addition
to a legal existing dwelling unit constitutes an increase
of 50 percent or more of the floor area of the original
'building's square footage, the existing building,
'including the addition, shall comply with current
izoning code standards, except for the current building
setback standards which would only apply to the
addition.
i B. AdditIons, Less than 50 Percent. If an addition to a
: legal existing dwelling unit constitutes less than 50
; percent of the floor area of the original building's
,square footage, the existing building may be expanded
i or altered along the existing horizontal side yard
: building plane; provided, all of the following criteria
'are met:
04!14!2010031~9'201 0
4-34
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 ofthe 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
i 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 !i 1,
i1997; Ord. 2144!i 2, 1986).
i
Chapter 19.24
. R-1 - SINGLE-FAMILY RESIDENCE ZONE
; Sections:
i 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.
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.
19.24.110 Frontage requirements.
19.24.120 Setbacks - Rear yards - Exceptions
permitted when.
19.24.130 Floor area per unit.
19.24.140 Off-street parking.
19.24.150 Performance standards.
19.24.160 Fencing requirements.
19.24.170 Panhandle lots, flag lots, or lots selVed
by an easement - Requirements and conditions.
19.24.180 Floor area ratio.
19.24.190 Building additions and remodeling.
19.24.010 Purpose.
The purpose ofthis zone is to stabilize and protect
the residential characteristics ofthe 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!i 1, 1969; prior code!i 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;
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Page 28
EXHIBIT A
B. Factory-built home/mobilehome on any iot,
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!i 1, 1988;
Ord. 2161!i 1, 1986; Ord.1941!i 1, 1981; Ord.1212!i 1,
1969; prior code !i 33.503(B)).
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
lor 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);
! 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 !i 4, 2003;
Ord. 2269!i 5, 1988; Ord. 2160!i 1, 1986; Ord. 2145!i 1,
1986; Ord. 2138!i 1, 1986; Ord. 2124!i 5, 1985; Ord.
2117!i 1, 1985; Ord. 2111 !i 4,1985; Ord. 1575 !i 1, 1974;
Ord. 1494 !i 1, 1973; Ord. 1356!i 1, 1971; Ord. 1212!i 1,
1969; prior code !i 33.503(C)).
19.24.040 Conditional uses.
, The follow/no uses shall be permitted in the R-1 zone:
'provided, a conditional use permit is issued in accordance
'with the orovisions ofCVMC 19.14.030IA) or 19.14.040 as
'mav be applicable: and 19.14.050 throuoh 19, 14.090:5ite
;~13n ana arcAitect~r31 3~~rGval as ~roviaea in CVMC
i 1 9 11, 42Q thre~~R 19.144 89 sAall S8 fO~~ir8a fer the
'felle'Nin~ sGRaiijenal ~S8S in the R 1 zeR":
A. Dwelling groups, subject to the provisions of CVMC
'19,58130;
~. el9ctri( SblBtt3tiom: 3f.1g 93S ref:l1:.lIaters, sl:!eject te t/;te
:r;3rsviEi9r::1S 9fC"MC 19.f38.1~Q;
04/14/201003/29/2010
4-35
C. URGlaGGifieEl ~5eG, Gee Chapter 19.54 CVMC:
, SQ. Private, noncommercial, recreational facilities, such
'as swimming pools, tennis courts, and clubhouses (for
additional provisions, see CVMC 19.58.100 and
; 1958.270);
CI:;. Professional offices (for additional provisions, see
'CVMC 19.58.244).
The followino uses shall be permitted in the R-1 zone:
provided, a conditional use permit is issued bv the plannino
commission or chula vista redevelopment corooration for
'oroiects with a desianated redevelopment proiect area. or
,for unclassified uses as defined in CVMC 19.54.020.
D. Electric substations and aas reoulators, subiect to the
provisions of CVMC 19.58.140'
E. Unclassified uses. see Chapter 1954 CVMC.
. (Ord. 226996.1988: Ord.226091, 1988; Ord. 2111
195,1985; Ord. 182291,1978; Ord. 135691,1971; Ord.
12129 1. 1969; prior code 9 33.503(0)).
: 19.24.060 Height regulations.
I Principal buildings may not exceed two and one-half
'stories or 28 feet in heigh~ however, an increase in
building height may be allowed subject to approval of a
varianccseRElitieAal "5e peFmit. 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 214493,1986: Ord. 135691,
1971; Ord. 121291,1969; prior code 933.503 (F)).
,19.24.070 Area, lot width and yard requirements.
Area, lot width, and yard requirements in the RD 1 zone
,are as follows (see CVMC 19.16.020, 19.16.050,
:19.16.060 and 19.16.080 for exceptions and
'modifications):
. A. All buildings, including accessory buildings and
,structures in the single-family residence zone shall not
i cover more than 40 percent of the lot.
lB. 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
: one of the following district classifications as designated on
Ithe zoning map:
EXHIBIT A
C. Existing developed lots of record (May 23, 1989) In
,the R-'-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 fioor
area pf the existing dwelling. (Ord. 2311 Ii 1, 1989: Ord.
'35691,1971; Ord. 123791.1969; Ord. 121291,1969;
,prior code 9 33.503(G)).
Setbacks in Feet
i
Minimum Lot Minimum Lot Ex1erior Side One Side Both Side Rear
Classification Area (so. ft.) Width (ft.) Front Yard Yard Yards
R-I-15 15,000 85 25 10 10 20 20
R-I-I0 10,000 70 20 10 lO ]5 20
R-I-7 7,000 60 15 10 10 13 20
6,000 60 15 !O 10 13 20
R-I-5 5,000 50 15 10 5 10 15
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04/14/201003129'2010
4-36
19.24.080 Standards for application - R-1-7 zone
classificatIon
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
.Iot size of all the lots within the subdivision shall equal a
: minimum of 7,000 square feet (Ord. 150092, 1973; Ord.
'121291, 1969; prior code 933503(H)(1)).
19.24.090 Standards for application - R-1-5 zone
classification.
. The incorporation of any properties into the RO 1 C5
'classification shall be restricted to those areas deemed
i 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
,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
'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
: facilities 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
I the recreational needs of families who would be living in
I areas designated for 5,000 square foot minimum lot sizes.
[(Ord 121291,1969; prior code 9 33.503 (H)(2)).
,
,
i 19.24.1 00 Setbacks - Requirements generally.
t 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.
iThose setback requirements as shown on the adopted
I building line map of the city shall be adhered to in any case
:where said requirements differ from setbacks established
i 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,
land no dwelling unit may be constructed closer than three
i feet to any side property line with the exception of the R-1-
,5 zone classification 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
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Page 30
EXHIBIT A
'foundation of the dwelling unit. (Ord. 1356 ~ 1, 1971; Ord.
121291, 1969; prior code 933.503(1)(1)).
i 19.24.11 0 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
Ilot frontage upon a dedicated street of 50 feet, and every
.Iot 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
i 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 9 1, 1979;
;Ord.135691, 1971; Ord.1212 91, 1969; prior code 9
:33.503(1)(2)).
; 19.24.120 Setbacks - Rear yards - Exceptions permitted
:when.
, In the R-1 zone, single-story structures attached to the
I 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
Ifrom 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 S 1, 1971;
'qrd. 121291, 1969; prior code ~ 33.503(1)(3)).
.19.24.130 Floor area per unit.
. Minimum ftoor 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 feetfor
'each dwelling unit containing three bedrooms or two
ibedrooms 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 desi9nated
ifor miscellaneous purposes, or more.
Exception: Except in the case of the 1,000 square feet
:dwelling units, an applicant may reduce the above
!minimums by 200 square feet per unit for 30 percent of the
,dwellings within an approved subdivision; provided, the
iaverage house size within the development conforms to
[the minimum requirements specified above. (Ord. 15009
13,1973; Ord. 135691,1971; Ord. 121291,1969; prior
: code !j33.503(J)).
; 1924.140 Off-street parking.
04/14/2010031~9'~OlO
4-37
. 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 S 1, 1971; Ord.
1212 S 1,1969; prior code S 33503(K)).
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 S 1,1971; Ord. 1212 S
1, 1969; prior code S 33.503(L))
19.24.160 Fencing requirements.
See CVMC 19.58.150 for fencing requirements in the R-
.1 zone. (Ord. 1356 S 1,1971; Ord. 121291,1969; prior
code 9 33.503(M)).
19.24.170 Panhandle lots, flag lots, or lots served by an
: easement - Requirements and conditions.
I Panhandle lots, flag lots, or lots served by an easement
shall be provided in the R-1 zone subject tD the
,requirements and conditions of CVMC 19.22.150. (Ord.
1868 9 2, 1979).
19.24.180 FloDr 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 45 percent of
. the lot area for single-family dwellings Dn lots of 7,000
i square feet or greater and 50 percent of the lot area or
3,150 square feet, whichever is less, for single-family
dwellings on lots of less than 7,000 square feet. The floDr
: area ratio calculation shall also include the square footage
of patios, garages and other accessory structures present
; on the lot, but excluding covered patios open on at least
'two sides and covered porches Dpen on at least one side
. with a total combined area of 300 square feet or less. For
:these purposes, an "accessory structure" is defined as any
, structure which rises four Dr mDre feet above finished
I
,grade. (Ord. 255994,1993; Ord. 2144 9 3,1986).
I
i 19.24.190 Building additions and remodeling.
I See CVMC 19.22.170 for limitations to remodeling or
'additions to existing dwellings. (Ord 214493,1986).
I
,
Chapter 19.26
R-2 - ONE- AND TWO-FAMILY RESIDENCE ZONE
Sections:
19.26.010 Purpose and requirements generally.
19.26.020 Permitted uses.
19.26.030 Accessory uses and buildings.
19.26.040 CDnditiDnal uses.
19.26.050 Sign regulations.
19.26.060 Repealed
i 1926070 Area, lot width and yard requirements-
. Minimum requirements - Schedule.
I 19.26.080 Area, lot width and yard requirements _
,Standards for R-2-T and R-2-X classifications.
i 19.26.090 Area, IDt width and yard requirements-
Setbacks.
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Page 31
EXHIB IT A
19.26.100
and intent.
1926.110
Floor area per unit - Minimum - Purpose
FloDr 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 IDts served by
an easement - Requirements and conditions.
19.26.180 Floor area ratiD.
19.26.190 Building additiDns and remodeling.
119.26.010 Purpose and requirements generally.
A. The basic use permitted in the R-2 ZDne is the IDwest
;density Df multiple dwelling units, namely the duplex. It is
;the purpose of the city council to provide in this zone a
Idensity level CDmmensurate with the density allowable
I under the mDst restrictive multiple-family ZDne but to retain
Ithe fundamental characteristics to be found in the R-1
iZDne, i.e., private yards and patiDs, individual recreational
'facilities, privately maintained open space, and privacy and
'self-cDntainment of dwelling units. In order to provide these
icharacteristics, the council hereby establishes a wider
. range of principal permitted uses to create greater diversity
!and flexibility of housing concepts; to ex1end the single-
family private dwelling unit amenities to all econDmic
'levels; tD provide a broader range Df lot sizes; and to
: satisfy the full variety of tastes, needs and desires in
: housing.
B. It is the full intent of the city council to authDrize as
principal permitted uses, in addition to the duplex Dr two-
family dwelling units on a single lot, two single-family
f altached dwelling units Dn two cDntiguous lots and dwelling
'groups as provided in this chapter. The attached single-
,family dwelling unit concept would permit the reduction Df
,lot sizes tD 3,500 square feet and the sale of individual
: attached single-family dwelling units cDnstructed on such
i lots to separate ownerships.
, C. AuthorizatiDn for this latter hDusing cDncept for either
; new constructiDn Dr existing duplex units would require
i filing of a subdivision or parcel map and provision for the
I amenities delineated herein as normally associated with
: the single-family housing concept tD be fDund in the R-1
'zone. In addition to site plan and architectural review,
. landscaping plans, fencing plans, housing ftDOr plans and
basic construction designs must be presented for the
i approval of the planning cDmmission to insure the creation
of an overall community environment similar to the R-1
'zone.
, The owners and developers applying for authorization
for said attached single-family dwelling units in the R-2
zone must also prDvide covenants, conditions and
restrictiDns to insure compatibility in the maintenance,
. repair or remodeling Df the attached dwelling units held
. under separate ownership. Said deed restrictions shall be
'subject to the apprDval Dfthe planning commissiDn and
. must be recorded concurrently with the recordation Df the
04114/201003 n<)1201 0
4-38
. 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
;ccde ~ 33.504 (A)).
'19.26.020 Permitted uses.
, The following are the principal permitted uses in an R-2
;zone:
: A. One single-family dwelling on any lot;
B. One du plex or two-family dwelling on any lot;
C. Attached single-family dwelling units;
D. Dwelling groups, subject to the provisions of CYMC
,1958140;
! E. Other accessory uses and accessory buildings
:customarily appurtenant to a permitted use, subjectto the
irequirements of CYMC 19.58.020;
! F. Agricultural uses as provided in CYMC 19.16.030.
(Ord.1494 ~ 2,1973; Ord. 1356 ~ 1,1971; Ord.1238 ~ 1,
1969; prior code ~ 33.504 (B)).
19.26.030 Accessory uses and buildings.
The following are the accessory uses permitted in an R-
'2 zone:
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 CYMC 19.14.490;
: C. Temporary tract offices and tract signs, subject to the
: provisions of CVMC 19.58.320 and 19.60.470;
1 D. Full-time foster homes as defined in CVMC
,119.04098;
E. Satellite dish antennas as per the provisions of
'ICYMC 19.22.030(F). (Ord. 2160 ~ 1,1986; Ord. 2145 ~ 1,
1986; Ord. 2124 ~ 6, 1985; Ord. 2108 3 1, 1985; Ord. 1575
131,1974; Ord. 154231,1974; Ord. 135631,1971; Ord.
1123831,1969; Ord.121231, 1969; priorccde~
[33.504(C))
19.26.040 Conditional uses.
The followinD 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
mav be applicable' and 19.14.050 throuDh 19.14.090: Site
~laR aRa arGhitect"ral a~pra"'al ac Wa'lidea iR CVMC
1 g 14.429 thrG"9R 19.14. 4 89 .hall be fG~"ired fer ths
fellawing aGnditianal use. in tRs R 2 Zens:
A. Off-street parking areas, subject to the provisions of
Chapter 19.62 CVMC;
B. EleGt~iGal s"b~tatiaR. and gas re9"latGrs, subject ta
tRs ~raYisiQRs af CVMC 19.iiB.149;
C. URE;lassi~ed "SeE, see CAJ~ter 19.ii1 CVMC;
gG. Small family day care homes, as defined in CVMC
1904095, if not operating within a single-family dwelling;
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Page 32
EXHIBIT A
~€. Large family day care homes, as defined in CVMC
'19.04094, within a single-family dwelling.
D. Professional offices (for additional provisions see
CVMC 1958244).
The fOllowina uses shall be permitted in the R-2 zone;
provided': a conditional use permit is issued by the plannina
; commission or chula vista redevelopment corporation for
, prefects with a desianated redevelocment proiect area or
for unclassified uses as defined in CVMC 19.54.020.
E. Electrical substations and Das reDulators, subiect to
the provisions of CVMC 19.58.140:
F. Unclassified uses. see Chapter 19.54 CYMC. (Ord.
,226937,1988; Ord. 223731,1987; Ord. 211136,1985;
'Ord. 1697 ~ 1, 1976; Ord. 1542 ~ 1,1974; Ord. 1356 ~ 1,
! 1971; Ord. 121231, 1969; prior code ~ 33.504(D)).
I
! 19.26.060 Height regulations.
, Principal buildings may not exceed two and one-half
. stones or 28 feet in height; however, an increase in
: building hei9ht may be allowed subject to approval of a
varianceE;anaitional "se permit. No accessory building
: height shall exceed one and one-half stones or 15 feet in
hei9ht except as proYided 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 4,
1986; Ord. 1212 ~ 1,1969; prior code 3 33.504(F)).
04/14/20100312912010
4-39
Setbac ks in Feet
Exterior Side One Side Both Side
Classification Lot Area (sq. ft) Width (ft) Front Yard Yard Yards Rear
.
R-2 7,000 60 15 10 5 10 20
R-Z-T 3,500 , 15 10 0 10
15
R-Z-X 7,000 (minimum) 60 15 10 5 10 ZO
'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. 135691,1971; Ord. 123891,1969; Ord. 121291,1969; prior code 9 33.504(G)(I)).
19.26.070 Area, lot width and yard requirements-
Minimum requirements - Schedule. 19.26.100 Floor area per unit - Minimum-
The following minimum dimensions shall be Purpose and intent.
observed; provided. however, that such dimensions It is the intent of this section and CVMC 19.26110
may be modified by the granting of a conditional use i to establish minimum floor areas for dwelling units in
permit. The minimum requirements shall be one of the R-2 zone. The purpose of establishing such
the following district classifications as designated on minimum floor areas is to insure adequate living
! the zoning map (for exceptions, see CVMC space for residents in said zones consistent with the
19.16.020, 19.16.060 and 19.16080): health, safety and general welfare of the public, and
to encourage new construction which will be
19.26.080 Area, lot width and yard requirements- aesthetically pleasing and will constitute an
Standards for R.2-T and R.2.X classifications. enhancement of the economic value of the immediate
The minimum dimensions included in the R-2-T neighborhood and the entire community. (Ord. 1212
classification are applicable only to the attached 9 1, 1969; prior code 9 33.504 (H)(1 n.
single-family dwelling unit penmitted use. In those
instances where a subdivision map and a site plan 19.26.110 Floor area per unit- Minimum-
and architectural review have been approved for such Regulatory provisions.
use, said minimum dimensions may be observed. The minimum floor area per main dwelling unit in
The R-2-X classification will indicate a minimum lot the R-2 zone for any duplex shall be as follows:
area as designated on the zoning map; this area shall A. Six hundred fifty (650) square feet for each
not be less than 7,000 square feet. The number dwelling unit containing one bedroom;
replacing the X for such zone classifications shall B. Eight hundred fifty (850) square feet for each
indicate the number of thousands of square feet in dwelling unit containing two bedrooms, or one
the lot area. (Ord.135691, 1971; Ord. 1238 ~ 1, bedroom and den, family room or any other such
1969; Ord. 121291,1969; prior code room designated for miscellaneous purposes;
9 33.504(8)(2)). C. One thousand (1,000) square feet for each
dwelling unit containing three bedrooms, or two
19.26.090 Area, lot width and yard requirements- bedrooms and den, family room or any other such
Setbacks. room designated for miscellaneous purposes;
(For exceptions, see CVMC 19.16050) Front and , D. One thousand one hundred (1,100) square feet
side yard setback requirements for particular zone for each dwelling unit containing four bedrooms, or
classifications shall be provided and maintained in three bedrooms and den, family room or any other
accordance with the schedule set forth hereinabove such room designated for miscellaneous purposes, or
or in accordance with those specified on the building more
line map. Those setback requirements as shown on The minimum floor area for a single.family
the adopted building line map of the city shall be residence in the R-2 zone shall be the same as in the
adhered to in any case where said requirements differ R-1 zone. (Ord. 121291.1969; prior code
from setbacks established in said schedule. The 933.504(H)(2)).
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Page 33_
4-40
19!i!{f~rlJ~ff.!{t;i@8t~\wg~iwSP@s.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 fioor area of 240 square feet, to provide
storage area as well as parking space. (Ord. 1356
S 1,1971; Ord.1212S 1, 1969; prior code
933.504(1)(1)).
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. 135691,1971; Ord.1212 S 1,
1969; prior code 9 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. 135691,
1971; Ord. 1212 S 1, 1969; prior code 9 33504(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. 135691,1971; Ord. 121291,
1969; prior code 9 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 S 2, 1979).
19.26.170 Panhandle lots, flag lots, or lots served
by an easement - Requirements and conditions.
Panhandle lots, ftag lots. or Jots served by an
easement shall be provided in the R-2 and R-2-X
marv[
Page 34
EXHIBIT A
zones subject to the requirements and conditions of
CVMC 19.22.150. (Ord. 186892,1979).
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 buildin9 area to
55 percent of the lot. The fioor 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 9 5,1993; Ord.
214494, 1986).
19.26.190 Building additions and remodeling.
See CVMC 19 22170 for limitations to remodeling
or additions to existing dwellings. (Ord. 214494,
1986
Chapter 19.28
R-3 - APARTMENT RESIDENTIAL ZONE
Sections:
1928010 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.
19.28070 Area, lot width and yard
requirements.
19.28.080 Floorarea 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
04/14/20109]1:2912010
4-41
and encourage an intensively developed residenUal
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
91,1969; prior code 9 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;
6. Dwellings, multiple, low-rise: R-3-G zone;
C. Dwellings, multiple, medium-rise: R-3-M zone;
D. Dwellings, mulUple, 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 91,1971; Ord. 121291,
1969; prior code 9 33.505(6)).
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 ofCVMC 19.14.490;
C. Other accessory uses and accessory buildings
customarily appurtenant to a permitted use, subject to
the requirements of CVMC 1958.020;
D. Temporary tract offices and tract signs, subject
to the provisions of CVMC 19.58.320 and 1960.470;
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 91,1985; Ord. 1697
91,1976; Ord. 154292,1974; Ord. 149493,1973;
Ord.135691, 1971; Ord. 124691,1969; Ord. 1232
91,1969; Ord. 121291,1969; prior code
933.505(C)).
19.28.040 Conditional uses.
The followina uses shall be permitted in the R-3 zone'
provided a conditional use permit is issued in accordance
with the provisions of CVMC 19.14.030rA) or 19.14.040 as
marv!
Pa!!e 35
EXHIBIT A
'mav be applicable; and 19.14.050 throuah 19.14090 ~
. ~Iao a09 arshitestur31 a~we"a' at ~re'lided iR C'IMC
1 9.1~. ~2Q thrO~9h 19.1 ~. ~ gO shall ae re~Yired lor all ef tho
lello'.ving conditienal "ses IR the R :J zene:
A. Single (a"'ily hernes;
iI!~. Boarding or lodginghouses;
~G. Except in R-3-T, day nurseries;
~G. 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
ac~vities are conducted in spaces which are integrai parts
,of a main building,
. .Q€. Commercial parking garages and off-street parking
. lots, in accordance with the provisions of CVMC 19.62 010
through 19.62.130;
r. Eloctri" s"astations ana gas reg"lato", subject to tRe
~ravisieRs of c'n~c 1958.1 ~Q;
G. lJe"lassilied ~ses, see Cha~ter .1lli C'IMC;
];14. Small family day care homes, as defined in CVMC
, 19.04.095;
[I. Private, noncommercial recreational facilities, such
as swimming pools, tennis courts, and clubhouses (for
. additional provisions, see CVMC 19.58.100 and
, 19.58.270);
2J. Professional offices (for additional provisions, see
:. CVMC 19.58244);
.!::!K Large family day care homes, as defined in CVMC
.19.04.094, within a single-family dwelling.
The followinq uses shall be permitted Ir1the R-3 zone:
provided, a conditional use permit is issued bv the plannina
commission, or chula vista redevelopment corporation for
Droiects within a desianated redeve]ooment croiect area or
for unclassified uses as defined in CVMC 19.54.020.
I. Electric substations and Gas reGulators. subject to the
provisions of CVMC19 58140:
J. Unclassified uses, see Chapter 19.54 CVMC.
_lOrd. 22699 8, 1988; Ord. 2111 9 7, 1985; Ord. 2034
S 2,1983; Ord. 182292,1978; Ord. 169791,1976; Ord.
1542 S 2,1974; Ord. 149493,1973; Ord. 135691,1971;
Ord. 121291,1969; prior code 9 33.505(D)).
19.28.050 Sign regulations.
Repealed by Ord. 2924 ~ 3, 2003 (Ord 15759 1,
1974; Ord. 1356 S 1,1971; Ord 121291,1969; prior
code 9 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 19.16040
2. Principal buiidings up to three and one-half
stories or 45 feet in height may be approved by the
04/14/201003.'291:2010
4-42
design review committee; provided, it is found that the
height, bu Ik, 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 five 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
11 3,1989; Ord. 1689 11 2, 1976; Ord. 168211 1, 1976;
Ord. 135611 1, 1971; Ord. 121211 1, 1969; prior code
11 33.505(F)).
19.28.070 Area, lot width and yard reQuirements.
A The followinq minimum area lot width and yard
requirements shall be observed, exceDt as Dravided
in CVMC 19.16.020 and 19.16.080 and as modified
far conditional uses. The minimum requirements shall
be desionated on the zonino maD.
mary)
Page 36
4-43
04/14/201003/29/2010
EXHIBIT A
__"'_U'_
marvl
Pag:e37_
4-44
EA'HIBIT A
04/14/201003/29/2010
Setbacks in Feet
One Both
Exterior Interior Interior
District Building Site (sq. Site Width Area per Dwelling Front Side Side Side
Classification ft.) (ft.) (sq. ft.) (3) Yard Yard Yards Rear
,
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 above chart:
(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 I
structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in I
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 I
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 I
thoroughfares on the adopted Chula Vista general plan; provided, however, that private patios and one-story portions I
of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front I
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. I
(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 more 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
7,000 to 9,999 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
4-45
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 9 2, 1989; Ord.
176091,1977; Ord. 168291,1976; Ord. 1356!j 1,
1971; Ord.1258 91,1970; Ord. 121291, 1969; prior
code 9 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 fifty (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!j 1, 1969; prior
code!i 33.505(H)).
19.28.090 Open space requirements_
A. The following usable open space shall be
required in the R-3 zone:
District
Classification
R-3-H
R-3
R-3-T
R-3-M
R-3-G
R-3-L
Open Space per
Dwelling Unit
200 sq. ft.
400 sq. ft.
300 sq. ft.
500 sq. ft.
600 sq. It.
600 sq. ft.
B. The required usable open space per dwelling
unit specified above shall be increased for each
dwelling unit in a mulUple-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 paUos;
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;
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Page 39_
EXHIBIT A
3. Clothes-drying areas. (Ord. 16829 1,
1976; Ord. 135691,1971; Ord. 121291,1969; prior
code 9 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. 135691,1971; Ord. 1212
91, 1969; prior code!i 33.505(J)).
19,28.110 Performance standards.
All uses in the R-3 zone may be subject to inibal
and continued compliance with the performance
standards of Chapter 19.66 CVMC. (Ord. 135691,
1971; Ord. 121291,1969; prior code 9 33.505 (1<)).
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!i 1,1971; Ord. 121291,
1969; prior code 9 33.505(L)(1)).
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 far
any new R-3-T district. (Ord. 1356!i 1,1971, Ord.
1212!i 1,1969; prior code!i 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.
135691,1971; Ord. 1212!i 1,1969; prior code
!i 33505(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!i 1, 1971; Ord. 1212!i 1,1969;
prior code !i 33.5D5(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 19.58360.
(Ord. 135691, 1971; Ord. 121291, 1969; prior code
933.505(L)(6)).
19.28.180 Design control.
The exterior design and arrangement of ail
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
!i 2,1977).
0411 4/20 10 (W29 '201 0
4-46
19.28.190 Jurisdiction of the. design review
coil1ffii~gn 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 92,1977).
Chapter 19.30
CoO - ADMINISTRATNE AND PROFESSIONAL
OFFICE ZONE
Sections:
19.30.010
19.30.020
19.30.030
19.30.040
19.30.050
19.30.060
1930070
1930.080
19.30.090
19.30.100
19.30.110
19.30.120
19.30.130
19.30.140
1930.150
1930160
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Repealed.
Height regulations.
Area, lot width and yard
requirements.
Off-street parking.
Parking and loading facilities.
Nonresidential uses in residential
structures.
Site plan and architectural approval.
Outdoor storage.
Trash storage areas.
Wall requirements.
Landscaping.
Performance standards.
19.30.010 Purpose.
The purpose of the C-O zone is to provide
appropriate loca~ons where professional and
administrative office zones may be established,
maintained and protected. The regula~ons 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 refiect its environmental
setting with building height and coverage generally
similar to and harmonious with those of neighboring
districts. (Ord. 121291, 1969; prior code
933.506(A)).
19.30.020 Permitted uses.
marv
age
EXHIBIT A
Principal permitted uses in the Coo zone are as
foll6vH.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;
8. 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
19.16030;
G. Prescription pharmacies (see CVMC 1904188
for definition). (Ord. 1356 ~ 1,1971: Ord. 1212 ~ 1,
1969; prior code ~ 33.506(8))
19.30.030 Accessory uses and buildings.
Accessory uses in the CoO 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 19,58020);
C. A satellite dish antenna may be located in a
commercial district when it complies with the
provisions of the standards in CVMC 1922030(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
91,1985; Ord. 135691,1971; Ord. 1212 ~ 1,1969;
prior code 9 33.506(C)).
19.30.040 Conditional uses.
The followino uses shall be oermitted in the CoO zone;
provided, a conditional use permit is issued in accordance
.with the provisions of CVMC 19.14.030iA) or 19.14.040 as
'mav be aoolicable' and 19.14.050 throuoh
,19.14.090:CSRsitisAal "ses ~erf11ittes io the C 0 zeAe
:iRsII:IGte:
. 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
; corporation 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;
04/14/201003'29/2010
4-47
D. Commercial parking lots and parking garages, in
accordance with the provisions of CVMC 19.62.010
through 19.62.130;
E. Radio and television broadcasting, excluding towers;
F. Restaurants;
G. !;'lect,iG su~etati9ns 3m) .as ,e.ulat9's, subject to the
proviei9ns of C'IMC 19 .8.119,
GJ.I. 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;
. I. Unclassi~ed uses, see Chapter 19..4 C\/MC;
!:iJ. Roof-mounted satellite dishes, subject to the
following standards or conditions:
: 1. These dishes shall be screened, uSing
[appropriate matching architectural materials or parapet
,walls;
, 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;
EXHIBIT A
135691, 1971; Ord. 12129 1, 1969; prior code
9,33.506(D)).
19.30.050 Sign regulations.
Repealed by Ord. 292493. 2003. (Ord 2309A 9 5,
1989; Ord. 157591,1974; Ord. 135691,1971; Ord.
121291, 1969; prior code 9 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.
135691, 1971; Ord. 12129 1, 1969; prior code
9 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 CYMC 19.16.020 and 19.16.060 through
19.16080, and where increased for conditional uses:
i !K Recycling collection centers, subject to the
[provisions of CVMC 19.58.345.
The followina uses shall be permitted in the C-O zone;
: Drovided a conditional use oermit is issued bv the olannina
:commission. or chula vista redevelopment corporation for
proiects within a desionated redevelopment proiect area. or
'for unclassified uses as defined in CVMC 19.54.020.
, J. Electric substations and aas reaulators. subiect to the
! provisions of CVMC 19.58.140:
I
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 tI1e
than five feet alley or rear property line
'See CYMC 19.16.070 for lot area.
(Ord. 1356 ~ 1,1971; Ord. 1212 ~ 1, 1969; prior code ~ 33.506(G)).
.\- . . , . '
91,1985; Ord. 188991,1980; Ord. 149495,1973; Ord.
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Page 41_
04/14/201 003/:2912Gl 9
4-48
19.30.080 Off-street parking.
Off-street parking is required for all uses in the COO
zone, as provided in CVMC 1962.010 through
19.62.130. (Ord. 135691. 1971; Ord. 121291,
1969; prior code 9 33.506(H)(1 )).
19.30.090 Parking and loading facilities.
In any Coo district direcUy 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 9 1, 1971;
Ord. 121291, 1969; prior code 9 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 S 1, 1971; Ord.
1212 S 1, 1969; prior code S 33.506(H)(3)).
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. 135691,1971;
Ord. 121291,1969; prior code 9 33.506(H)(4)).
19.30.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in the COO 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 S 1,1971;
Ord. 12129 1, 1969; prior code S 33.506(H)(5)).
19.30.130 Trash storage areas.
Trash storage areas in the CoO zone are subject to
the conditions ofCVMC 19.58.340. (Ord. 135691,
1971; Ord. 121291,1969; prior code 9 33.506
(H)(6)).
19.30.140 Wall requirements.
Zoning walls shall be provided, subject to the
conditions of CVMC 19.58360. (Ord. 135691,1971;
Ord. 121291,1969; prior code 9 33.506 (H)(7)).
EXHIB IT A
19~!'Sg~CSIiioo:_~-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.135691, 1971; Ord.1212 91, 1969; prior code
S 33.506(H)(8)).
19.30.160 Performance standards.
All uses in the CoO zone shall be subject to initial
and continued compliance with the perfomnance
standards set forth in Chapter 19.66 CVMC. (Ord.
135691, 1971. Ord. 1212 S 1, 1969; prior code
. S 33.506(H)(8))
CoB-ZONE Repealed and Replaced with Urban
Core Specific Plan (in 2007)
SestieAs:
-------
19.32.010
19.32.020
! 19.32.030
i19.n.040
'19.32.050
i 1 932099
:19.32.070
i 19.32.989
i
,
i 1932.090
I
,19.32.100
'1922.110
,19 :12.120
'19.32.130
;19 n.149
!1932.159
_Chapter 19.32
C B CI<NTR^L BUSI~II<SS ZONI<
_n__ ___ "___________ _
P"'Pese.
Permitted "seo.
Cemlilienal "ses.
.'\cce&S9ry b!~GS :md i:.JlJih:fiA~E:.
RspfJs'ee.
"eigRt reg"lalieRS.
/\rca, let e9ver3gc :md Y:lro roquiromontc.
ERCI96:1:lreS re~blirGd fer 3111:!E:8s
Exse~tions.
Seteaskf: fram r-esiaeRti31 zone
LaAdscaping re~"ired.
gita ~laA aRd al'SRiteet"ral a~preval
rOf,JYireEf "'!:IaFt
Off street ~arl<ing aAd loading faeililies.
Landscaping.
TFasR sterage areas.
W311 rSE1l;JiremcaAte.
PeriarmaAee staAdards.
19.32.010 P"rpese.
TRe ~"rpass ef tRe C 8 zene is la staeiiizs, impre',e aAe
~retect tRe sefRA1ercial pedestrian sRaraGteristres ef IRe
seRtral ""siness area ef tRe semA1"nity and to provide fer
t~e erderly gre'.vtR et Aew seAlr;)! ""siness semmel'Sial
devele~maAt 'A tRe araa desigRated fer said diolrist in Iha
geReral plan. The r-eg"latieAs af this zeAe are "eoigne" to
ense"Fage all UEes 10 se ef a retail COfRffiersral nat"re.
(Ord. 1212!j 1, 1969; prier oede!j 33.507(.'\)).
4-49
04/14/201003/29/2010
19.32.02Q Permitted y&e&.
Princi~al permillea yses iR the C 8 zeRe ar-e as fellews:
Po. Steres, sRs~s aRa sf.liseG s"~~lyin~ ssmmea!ties or
~erfeR'1'1iA~ services fer resiaents sf the sir; as a whele sr
tRe sYrreYnaiR~ semm~Rily, S~SR as ae~artR1eRt steres.
specially sheps, banl~s, SYSiReSS ef.lises, and other
Rnansial institYtions ana ~sl'Sonal ser,;se enter~rises;
I 8. Resta~rants, cesl(taille"R~es aRa RightslYss (aanse
floor!), S"bjoct to tloe ~revisions of CVMC 19.:;g.11:; and
Cloa~tor ~ CVMC);
C. 8ysiness ana tsshRisal sslosels, incluaing
'~hstegra~RY, art. ",usic ana danse;
D. CleaAiAg a~snsies (limited dry cleaning snly);
; "'. !JeAa RGe anti~Ye sho~s, byt not incl"Gin~
'seconahanG sr jynk .tores;
1='. laURa"; (SsiA s~s'a!eo aAo pisk YP agenoies);
G. Casinet .heps; elestrisal (small ap~liaAce), plYFAsin~
ana ReatiA~ sloeps; aAa ~FiRtiA~ ana puslishing or
ilitRGgraphiG shops;
H. 8lYeprintin~ aAa ~helosepYIR~;
I. Hetel. and motels, sysject ts the previsions of CVMC
:19.:;B.21Q;
J. ,',ny other retail bysinesG sr se",ise estasli.hment
\d:Jish the ceFRr.Ai5:~ieR ~Aas te l;Je GeAsi!;tcnt '.vith the
pYr~eses of this title aAa '.\'Ioish vlill Aot impair the pre.ent
sr peteR!ial yse af aajaseAt ~rs~ertJes;
K ParlllAg gara~es aRa lets, ape'ating indepemJently
'!rom aAY retail sales, iA asseraance vlitlo tloe p~evisioAS of
'CVMC 19:;g2:JQ;
: L ^~'isYltYral yses aG proviaeo iA C'iMC 191€i.Q:JQ.
,(OrG. 227;) ~ 4, 199B; Ora 1:J:;€i ~ 1, 1971; Ora. 1212 ~ 1,
! 1989; prior caae ~ :JHQ7 (8)).
'19.32.030 Conditional Yses.
COAaitional ~ses iA the C 8 zone iRSIYGe:
.^. ^l::.It9mggile ronbl :JQGRrim;;
i R Electrical sUBstatioAS aAa €ias re€iYlatsr stations,
Isysject to the pro"isioAS of C'I~1C 19.:;B.149;
: C. Secial JAa fraternal or~aAizatioAe, sYbject to the
'l~revisieAs ofCVMC 19.:;B.100;
D. TAeater..,;
~ E. 80wliA~ alleye, oancehalls, reller skatiA~ rinks and
; ~Iant n~fseries, sYbject to the provi.ionc sf CVMC
'19.I;B.Q4Q;
F. FUrRitYFe "~hslsterin€i 8Ae~s;
G. R :J reslaential uses asove the ~ro"nd flsor as
, re~"lateo iA the R :J zoniA~ district; previaea, tRat R :J yaro
: roquirernsr:'Its may Be FAeSiHsEl 'Nt.lere :Jj:J~rGfJriate;
i 1-1. 8uiloin€i Ioei~ht iA exsess of three ana one Ioalf storios
"t:t.lSA aEljaGSAt is GAY R er C 0 zona;
, I. KAill;". aAO wea'ling shops;
J. UAslassi~ea "80S, see Cha~ter 19.:;4 CVMC;
K. ,',utol'flosile servise statioAC, sYbject to tloe provisions
;of CYMC 19.:;US9;
I L. Roof l'fIoynted satellite oisloes, SYBjeet to the
!slanGarGC .et feRh iR C'/MC 19.:30.040;
: ,1. RecyeliAg sslleetieA seAter., sysjeGt ts the ~rovi8ieAs
of CVMC 1 9.:;8.:J4:;. (Ora 2252 S :J, 198B; Oro, 22:J:J S :J,
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Page 43
EXHIBIT A
1987; Ord. 21Qg ~ 1, 199:;; Ora. 1:Jl;e S 1, 1971; Ora. 1212
S 1, 1969; ~rior code 3 :JH07(C)).
19.32.040 .'\GGessory yses aAd sYilllings.
All ac.esssr; uses and sYilaiAgs Gustel'flarily
ap~urtenant te a perrnittea ygS are permittea in the C 8
zone. (See CliMC 19.:;8.929.) ^, satellite gis;, aAtenna m~y
Be leGates iF! 3 cemmerci3J distriGt ..'t::1eA it c9m(3Fas '''ith
,tOO provi.ioAS of stanoaros in CVMC 19.22.0.9(1=')(1)
t;,ro"~1o (9). (0'0. 2108, 31, 19S:;; Ord. 1:J:;6 31.,+9-7-1-;
'OrG.1212S 1, 1ge9; ~risrssoe S .:J.:;07(D)).
I
'19.32.050 Sign regYlations.
R9pea!ed!;Oj' 0,4. 2921 ,j' 3, 2()()3. (O'a. 2:JQ9" S €i,
11989; Ord. 11;71; ~ 1, 1974; Oro 1:J:;e 31, 1971; Oro.12€i7
131, 197Q, Ord.1212 S 1, 1969; ~rioreeas S n507(E)).
;
i
;19.32.060 HetgM regYlations.
! None, except that no bYilaiA~ shall exceed three aAd
'eAe ;,alf stories or 1:; feet in hei€ilot wAeA located adjacent
Ito any COer residential zone exse~t.g ~FG,iaea iA CIIMC
'19nQ:JO(H) ano 191e.Q10 (Ord. 1.:;8 S 1, 1971; Ora.
121231, 1989; ~rier sege S J:J.:;Q7(F)).
I
'19.32.070 .'\rea, lot Goverag" anll yard re'lYi.emeRIG.
I TAe fellowiRg area, lot covera~e ana yaro requirements
.hall be esserlea, eXGe~t as provisea in CW1C 191e.929
ana 1 9.1e.QeQ tAroygh 19.1e.QgO, aAa wRere increageo for
conditien31 \:!~8(:;:
Yar-<ls in Feet
NGAt
ami
Exterior
Side
lot Area. (S'l, ft.) ~ Side Rea.
2,WG G-" lere feet, lero feet,
SJ<Gept eXGe~t '/iAeR
~ asuttiR€i aAY R
aBYlliR~ an oislricl, then not
R aistrist, 186:6: tFlaA
\Ioe" Aet re~Yirea for saia
ie8s than R district sr 1Q
~ feet FAiAim~rn
from the alley
.Or not less than that specified on the SYiloiAg liRe A1ap
sloall se ~rovided aAa ngaiAtaiRed. The setBack
r-eElbIirsFA8Ats SAe'::n 01=1 :he 9.99pt9g bldils:nEj line mJ~ far
Ch~la 'lista sloall take pmCeaeAGe O'ler tloe cets3cks
'e~~irea iA the zonin~ aist,iot.
'(Oro 1:J563 1, 1971; Oro. 1212 S 1, 1999; prier GGae
!~ :J:3:;07(G))
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,19.32.QBO ERGlosyr,s r'qYired fer all Yses
EIIGeptioR".
: All yse!: in the C iii 2eRe shal! se Gena~atGfj wholly
'within a caR1~letely aRclosed s~ilain9, e)(ee~t far a"taaar
'resla~rant!:, service statieRs, elf !:treel ~3rl\in~ ana leJa!n~
,Iacilities, ana ather e~an ~sas s~ecifiaa ~naar cenaitieRal
'~se ~erml\s as "atermined lJy tRe ~laRRin9 cemR1i!:s!eR,
! PerR1anent and tem~eF3ry outside sale. aRa ais~lay shall
:be !:ubject to the ~ra"isians of C\I~1C 19.08,379, (Ora,
,14213!i 1, 1973; Ora, 1212!i 1, 1969; prioroode
!i:JU07(H)(1)),
19.32.090 SetbaGks frem resideRtial 2eR8
'laRdsGapiRII roq"ired.
; IA aRY C B zeRe airectly aGrGES a street ar there"9hfare
i(excl~aiR9 a Iree'.va';) lrom any R di!:trict, the ~arkiR9 and
; 10adiRg facllilies shallse aislant at least 10 leet frem said
,streel, ana the sllilgings ang !:tr~GtIlres at Icast 20 leet
ifrom aaia etreet aRd oia space permaAently laAasca~ea
:wile Ra ~arkiR9 alla'''e" "'ilhiA lI1ia area. (Ora. 1212!i 1,
i 1969; wiar code 3 3HQ7(H)(2)).
,19.J2.100 Site plaR aAd architestyral 3ppre'.'al ,eqllired
, wI\&n-,
, Sile ~Ian an" arseilael"ral approval is req~irea fer all
'~ses in Ihe C Ii ZOAe as ~roviaea iR C'(MC 19,11,120
'Ihrough 19.14,48Q. (Ord. 121231,19139; prierseae
3 3H07(FI)(3)).
!
,19.J2.110 Off street park!Rg aRdloading faGilities.
I Off street ~arkiR~ ana leaaing !acilities are req~irea ror
lall ~ae€ in the C Ii 2ene, as previaea iR CVMC 19.132.919
'threYSh 19.132.119. (Ora, nol3 31,1971; Ora. 121231,
11 969; ~rier seae 3 JU97 (1-1)( 1)).
!
i d.
;19.~2.120 laR GGaplRg
: 1\lIlaRdseapiR9 in tAe C iii zeAe shall sonform to the
: r-GE]blimments as s~9dfieel iA tA8 laFlslE::~3I3iAg r.R3F1b131 gf tt:1e
[sily and aa a~pre\'ea sy the planAiAII direeter. (aro. 1212
'31,19139; wier cgge ~ JU97 (1-1)(5))
,
I
;19.~2.110 TraGA Gte rage areas.
I Trash !:Iarage areaa in Ihe C Ii zone are sul>jeet te IAe
!sanaitiens Q/CVMC 19.08..10. (Ord. 1J56 31,1971; Ord.
:121231,1969; prioreeae 3 3U97 (H)(I3)).
:19.J2.140 Wall reqYirements.
i Zonins walle ahall be providea in the C B zone a~biect
itg the cenditions ofCVMC 19.08.109 ana 195B313() (Ora
[1.5831,1971; Ora. 1212 !i 1, 1969; prioreode
133UQ7(H)(7))
19.J2.159 PerformaRse staRdanls.
, 1\11 yses in tRe C OJ Z9Re Shall be €~bject te iRitial JRd
'cantin"ea semplianse '.'!itA lee perferR1aAGe staRdards sot
IfMh iA Cha~tor 19 1313 C"MC. (Ord. 1 Jol3 3 1, 1971; Ord.
[12123 1, 1969; prier Geae 3 J3.5Q7(1)).
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Pa2e44_
EXHIBIT A
Chapter 19.34
CoN - NEIGHBORHOOD COMMERCIAL ZONE
Sections:
I
l
19.34,010 Purpose and intent.
19.34,020 Permitted uses.
1934,030 Conditional uses.
1934040 Repealed.
19,34.050 Hei9ht requirements.
19.34.060 Area, lot width and yard
requirements.
19 34,070 Additional conditions and
requirements.
19,34080 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.
19.34140 Curb cuts and intemal traffic
circulation - Approval required.
19.34150 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.
19,34210 Landscaping
19.34,220 Prohibited uses.
19,34.230 Existing nonconforming shopping
centers - Conformance with rules and
regulations required when - Time
limit.
1934240 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 I'
necessary and desirable, CoN 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 CoN
zone will be compatible with and will complement the
surrounding residential area. Therefore, parking
areas must be landscaped as required herein, in
04/14/201003/:29/2010
4-51
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 121291,1969; prior
code 9 33.508(A)).
19.34.020 Permitted uses.
The following are the principal permitted uses in a
CoN district
A. Grocery, fnuit 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 9 2,1992; Ord. 2108 91,
1985; Ord. 135691,1971, Ord. 121291,1969; prior
code 9 33.508(6)).
19.34.030 Conditional uses.
The followino uses shall be permitted in the CoN zone;
provided. a conditional use permit is issued in accordance
with the provisions ofCVMC 19.14030iA) or 19.14.040 as
mav be applicable' and 1914.050 throuoh 19.14090: +Ae
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Page 45
EXHIBIT A
follewing usos sl1all 90 ~ermitt09 in tho C N zona;
~r8\';Gle8, a sel1eitien::tll:!ss raermit is iss1::IcEl on 8GE:eraar:lce:
V.'ltR the ~revisions ef C"MC 19 110139 tRre"Qh 1911.1:J0:
A. Automobile service stations, in accordance with the
'provisions ofCVMC 19.58.280;
, 6. Sale of beer or other alcoholic beverages for
consumption on the premises only where the sale is
; incidental with the sale of food;
: C. ..leGtric31 Subst3tions 3n9 ,as r~Qul3ter statien6,
'SY9jestto the ~revisieRs ef CVMC 19.~8.140;
I . O. IJRGlasGifiea "6e6, see Ch3pt~r '9.01 CVMC
. Q€. Roof-mounted satellite dishes, subject to th~
standards set forth in CVMC 19.30.040;
.Qf:. Recycling collection centers, subject to the
.provisions of CVMC 19.58.345;
fG. Automated, drive-through car washes, in
accordance with ,the provisions of CVMC 19.58.060;
[Fl. 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,
in accordance with the procedures in CVMC
19.58.340~;
~. Liquor store (package, off-sale only), in accordance
with the procedures in CVMC 19.5834Q.14..WG;
!:!J. 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
at which food is ordered from and consumed in the parked
car on the premises.
The followino uses shall be permitted in the CoN zone'
provided a conditional Use permit is issued bv the planninq
commission. or chula vista redevelopment coraoration for
oroiects within a desiqnated redevelopment oroiect area or
for unclassified uses as defined in CVMC 19.54.020.
I. Electrical substations and qas requlator stations
subiect to the provisions of CVMC 19.58.140;
J. Unclassified uses, see Chapter 19.54 CVMC. (Ord
2715 9 3, 1998; Ord. 2560 9 3, 1993; Ord. 2552 S 1, 1993;
Ord. 2526 9 3,1992; Ord. 2491 92,1992, Ord. 2252 9 2,
1988; Ord. 223392,1987; Ord. 2152 91,1986; Ord. 2108
91,1985; Ord.157191, 1974; Ord. 135691, 1971; Ord.
121291,1969; prior code 9 33.508(C)).
19.34.040 Sign regulations.
Repealed by Ord. 292453, 2003. (Ord.2309A
!i 7,1989; Ord. 1734!i 1, 1977; Ord. 1575!i 1, 1974;
Ord. 135691,1971; Ord. 127591,1970; Ord. 1212
9 1, 1969; prior code 933.508(D)).
19.34.050 Height requirements.
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4-52
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 19.16040. (Ord.
135691,1971; Ord. 121291,1969; prior code
& 33.508(E)).
1934060 Area lot width and yard requirements
In a C-N zone, goods for sale shall consist
primarily of new merchandise and shall be sold at
retail on the premises. (Ord. 121291,1969; prior
code 9 33.508(G)(2)).
19..34.100 Site plan and architectural approval
required.
Site plan and architectural approval is required for
,
The following minimum lot area and yard all uses in a CoN zone, as provided in CVMC
requirements shall be observed in the CoN zone, 19.14.420through 19.14.480. (Ord.121291, 1969;
except as provided in CVMC 19.16020 and prior code 9 33.508(G)(3)).
19.16.060 through 19.16.080, and where increased
for conditional uses: I I
I
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.
19.34.110 Off-street parking and loading facilities.
19.34.070 Additional conditions and Off-street loading and parking is required for all
requirements. uses in a CoN zone, as provided in CVMC 19.62.010
The following additional conditions set forth in through 19.62.140. (Ord. 135691,1971; Ord. 1212
CVMC 1934080 through 19.34.210 shall apply in a !i 1,1969; prior code!i 33.508 (G)(4))
CoN zone. (Ord. 135691, 1971; Ord. 121291.1969;
prior code 9 33.508(G)). 19.34.120 Employee activity restrictions.
The number of employees in any business
19.34.080 Enclosures required for all uses- establishment in a CoN zone shall be limited to those
Exceptions. necessary for the conduct of the on-site business and
Except as otherwise provided, all uses in a CoN no person shall be engaged in the activity of
zone shall be conducted wholly within a completely processing, fabricatin9 or repairing goods for delivery
. .
enclosed bUilding except for service stations, as
stipulated in their conditional use permit, nurseries,
and off-street parking and loading facilities and
or sale at other locations. (Ord. 1212!i 1, 1969; pnor
code 9 33.508(G)(5)).
sidewalk cafes. (Ord.1212 91,1969; prior code
933.508(G)(1)).
19.34.130 Market analysis required when.
A market analysis showing demand for new or
additional CoN facilities shall be submitted together
with any application for rezoning of a new CoN district,
or extension by one acre or more of any existing C-N
19.34.090 Restrictions on sales of goods.
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04/14/201003/"'9/2010
EXHIBIT A
district. (Ord. 1212 ~ 1.1969; prior code
~ 33.508(G)(6)).
19.34.150 Shopping centers - Presentation as
planned development required.
Shopping centers proposed to be located in a CoN
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)).
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 3 33.508 (G)(14)).
19.34.220 Prohibited uses.
Us~s expressly prohibited in a CoN 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 andlor loudspeakers
outside of any building. (Ord. 1356 ~ 1. 1971; Ord.
1212 ~ 1. 1969; prior code ~ 33.508(H)).
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. 121231,1969; prior code
9 33.508(G)(7)).
19.34.170 Hours for conducting business.
No business shall be open in a CoN zone between
the hours of 11:00 p.m. and 7:00 a.m.. unless
specifically approved by the planning commission.
(Ord. 121291.1969; prior code 9 33.508(G)(10)).
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. 135631,
1971; Ord. 121231,1969; prior code 3 33.50B(I)).
19.34.160 Design of buildings.
All buildings in a CoN 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. 121291, 1969; prior code
93350B(G)(9)).
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
1934090 and 19.34.120. (Ord. 121291,1969; prior
code ~ 33.508(G)(11)).
19.34.240 Performance standards.
All uses in a CoN zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 19.66 CVMC. (Ord.
135631,1971; Ord. 121291,1969; prior code
933.508(J)).
Chapter 19.36
C-C - CENTRAL COMMERCIAL ZONE
Sections:
19.34.190 Trash storage areas.
Trash storage areas in the CoN zone are subject to
the conditions of CVMC 19.58.340. (Ord. 135631,
1971; Ord. 121291,1969; priorcodes 33.508
(G)(12)).
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Page 47_
- 4-54
19.36.010 Purpose.
19.36.020 Permitted uses.
19.36030 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.
1936.090 Landscaping.
(M.ll.1.""Ol()()" !'1{)/'1("0
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. 135691,1971; Ord. 121291,
1969; prior code 3 33508(G)(13))
19.34.210 Landscaping.
19361 ~e e~~e'~@t~I'}1~~bilijproval
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 characte;istics 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 91,1969; prior code
S 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
19.58115 and Chapter 5.26 CVMC);
C. Bona fide antique shops, but not including
secondhand stores or junk stores;
O. 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 ofCVMC 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) through (9);
H. Agricultural uses as provided in CVMC
1916030. (Ord. 2273 S 5,1988; Ord. 2108 S 1,
1985; Ord. 1356 S 1, 1971; Ord. 1212 S 1,1969; prior
code S 33,509(B)).
19.36.030 Conditional uses.
The followinq uses shall be oermitted 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
marv! Page 48
EXHlB[T A
:mav be applicable: and 19.14.050 throuah 19.14.090:
C9AEtiti9n31l::lse~ iF! t14e c: C ZClt18 IA8IuGlo:
. A. Car washes, subject to the provisions of CVMC
:19.58060;
, IJ. Skating rinks, s~lJject to the CGnaitians af C'/MC
19.8.040;
C. ~i~RS ir=t eXe8~E: d f-I13ximbtm 36: 8St313liERG9 in C'/MC
19..0..10;
gG~6ut()T11()~lerent~Land towing.services;
... Billiard ~arler&; ..u. .
F Bowling allays, s~lJjaot ta the ~ra"IE;lan" of C'iMC
19.8010,
: ~G. Social and fraternal organizations (nonprofit)
subJectto the provisions of CVMC 19.58.100 '
Q~. Trailer rentals; ,
i ,EI. Veterinarian clinics, subject to the provisions of
,CVMC 19.58.050;
J. Unclassified ""8S, "ee Cha~ter ~ C"MC;
EK Automobile service stations, subject to the
provisions of CVMC 19.58.280, and automobile
. maintenance and repair (minor);
, L Cardroams;
: ~M. Roof-mounted satellite dishes, subject to the
standards set forth in CVMC 19.30.040;
; !:IN. Recycling collection centers, subject to the
,provisions of CVMC 19.58.345;
i [G. Mixed commercial-residential projects, subject to the
,provisions of CYMC 19.58.205.
The followino uses shall be permitted in the C-C zone'
,provided.. a conditional use permit is issued by the planninq
, commISSion or chula vista redevelopment corporation for
!oroiects within a desionated redevelopment proiect area or
;for unclassified uses as defined in CVMC 19.54.020.
, . J. Skatino rinks subiect to the conditions of CVMC
! 1958040'
; K Billiard parlors subiect to the provisions of CVMC
, 19.58.040;
i l. Bowlino allevs. subiect to the provisions of CVMC
,19.58.040'
,
I M. Card rooms:
N. Unclassified uses, see Chapter 19.54 CVMC.
jOrd. 2633 S 4, 1995; Ord. 2295 S 1, 1989; Ord. 2252
S 5,1988; Ord. 2233 S 5,1987; Ord. 2160 ~ 1, 1986; Ord.
;2152 S 2,1986; Ord. 2108 S 1,1985; Ord. 1757 S 1,1977;
:Ord. 1746 S 1, 1977; Ord. 1571 S 1, 1974; Ord. 1356 S 1,
1971; Ord 1212 S 1,1969; prior code S 33.509(C)).
19.36.040 Sign regulations.
Repealed by Ord. 2924 9 3, 2003. (Ord. 2309A
98,1989; Ord. 157591,1974; Ord. 135691,1971; II
Ord. 129591,1970; Ord. 1251 S 1,1969; Ord. 1212
S 1, 1969; prior code S 33.509(0)).
19.36.050 Height regulations.
None, except that no building shall exceed three
and one-half stories or 45 feet in height when located
04114/201093/29'291 Q
4-55
EXHIBIT A
adjacent to any COO or residential zone. (Ord. 1356 I the director of planning. (Ord. 135691,1971: Ord. I
91,1971; Ord.1212S 1, 1969; prior code 1212 S 1, 1969; prior code S 33.509(G)(3))
933509(E)). ,
19.36.100 Employee activity restrictions.
19.36.060 Area, lot coverage and yard In the C-C zone, not more than five persons shall
requirements. , be engaged in the fabrication, repair and other
The following minimum area, lot coverage and yard ! proce$sing of goods in any establishment, except
requirements shall be observed in the C-C zone, I when permitted by conditional use permit. (Ord. 1212
except as provided in CVMC 19.16.020 and 91, 1969; prior code 9 33.509(G)(4)).
19.16.060 through 1916080 and where increased for
conditional uses:
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.
I (Ord.135691, 1971; Ord. 125191, 1969; Ord. 121291, 1969; prior code 933.509(F)).
19.36.070 Enclosures required for all uses- 19.36.110 Site plan and architectural approval
Exceptions. required.
All uses in the C-C zone shall be conducted wholly Site plan and architectural approval is required for
within a completely enclosed building, except for all uses in the C-C zone, as provided in CVMC
outdoor restaurants, service stations, off-street 19.14.420 through 19.14.480. (Ord. 121291,1969;
parking and loading facilities, and other open uses prior code 9 33.509(G)(5)).
specified under conditional use permits as
determined by the planning commission. Permanent 19.36.120 Off-street parking and loading facilities.
and temporary outside sales and display shall be Off-street parking and loading facilities are required
subject to the provisions of CVMC 19.58.370. (Ord. for all uses In the C-C zone, as provided in 19.62.010
143691,1973; Ord. 121291,1969; prior code through 19.62.140. (Ord. 1356 S 1,1971: Ord. 1212
S 33.509(G)(1)). 9 1, 1969; prior code S 33.509 (G)(6))
19.36.080 Setbacks from residential zone- I 19.36.130 Trash storage areas.
Landscaping required. Trash storage areas shall be provided in the C-C
In any C-C zone directly across a street or zone, subject to the conditions of CVMC 19.58.340.
thoroughfare (excluding a freeway) from any R (Ord. 1356 S 1, 1971; Ord. 121291, 1969; prior code
district, the parking and loading facilities shall be S 33.509(G)(7)).
distant at least 10 feet from said street, and the
buildings and structures at least 20 feet from said 19.36.140 Outdoor storage.
street and said space permanently landscaped. (Ord. Outdoor storage of merchandise, material or
12129 1, 1969; prior code 9 33.509(G)(2)). equipment shall be penmitted in the C-C zone only
, when incidental to a permitted or accessory use
19.36.090 Landscaping. I located on the premises; and provided, that:
The site shall be landscaped in conformance with
the landscaping manual of the ci and a roved b
ty
rnarvl
pp y
Page 49
04114/201 OQ3/29/20 1 0
4-56
A Storage area shall be completely enclosed by
walls, fences, or buildings, and shall be part of an
ap~J;I~aA!orage of matenals or equIpment
shall be permitted to exceed a height greater than
that of any enclosing wall, fence or building. (Ord
1212 S 1, 1969; prior code S 33.509(G)(S)).
19.36.150 Wan requirements.
Zoning walls shall be provided in the C-C zone
subject to the conditions in CYMC 19.5S.150 and
19.58.360. (Ord.1356 31,1971; Ord. 121231,
1969; prior code 3 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 CYMC. (Ord.
135631,1971; Ord. 121231,1969; prior cede
S 33.509(H)).
Chapter 19.38
CN - VISITOR COMMERCIAL ZONE
Sections:
19.38.010 Purpose.
19.38.020 Permitted uses.
19.38.030 Conditional uses.
19.38040 Repealed.
19.38.050 Hei9ht regulations.
19.38.060 Area, lot coverage and yard
requirements.
19.38070 Setbacks from residential zone-
Parking and loading facilities.
1 938080 Landscaping.
19.38.090 S,te 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-Y 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 activrties
marvl
EXHIBIT A
providing for the convenience, welfare or
entertainment of the traveler. (Ord. 1212 S 1, 1969,
prior code 333.510).
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 CYMC 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 cecktaillounge as an integral part;
C. Art galleries;
D, Handicraft shops and workshops;
E. Bona fide antique shops, but not including
,secondhand stores or junk stores;
F. Theaters;
, G. ,A,ny ether eEtabli"hments serving visitms geter""ined
'by the cemmis"ien tG be ef tRe same general "Raracter as
'tRe abave ~ormiliod ~ses;
. ~... Accessory uses and buildings customarily
.appurtenant to a permitted use and satellite dish antennas
in accordance with the provisions in CYMC 19.22030(F)(1)
,through (9) and (11) through (13);
: ' HI. Electrical substations and gas regulator stations,
'subject to the provisions of CYMC 19.58.140;
~ !J. Agricultural uses as provided in CYMC 19.16.030.
! J. Artists' suoplv and matenals stores:
K Clothino sales (new):
(Ord. 216091,1986; Ord. 210831, 19S5; Ord. 1356
's'-' 1971; Ord. 1212 S 1, 1969; prior code S 33.510(B)).
'19.38.030 Conditional uses.
. The followino uses shall be remnitted in the C-Y zone:
. provided, a conditional use permit is issued in accerdance
,with the provisions of CYMC 1 9. 14.030(A\ or 19.14040 as
!mav be applicabie' and 19.14.050 throuoh 19.14090:.+11<>
'lalla"tin~ ~6es may Be ~ermiltes in tAe C V ZGRe, subject
ite tRe i"6~anco af a gandi/ienal uso ~ermit "ubJect te tRe
l~nSin~" "et forth in CVMC 19.14.080:
! A. Car washes, su bject to the provisions of CVMC
i 1 9.58060;
, B. Automobile service stations and towing services,
subject to the provisions of CYMC 19.58.280;
. C. Bait and tackle shops, including marine sales,
. supplies and rentals;
, D. Bars ar RigRt gl~l3s (dange flagrs sUbjo.t ta tre
'~rovisien" af CVMC 19.8.1 Hi aAd CAa~ter ..2. CVMC),
: Of;. Commercial parking lots and parking garages,
'subject to tile provisions of CYMC 19.62.010 through
: 19.62.130;
. F Comrneroial regreation facilities, "ueject te the
gGAditions of CYMe 19.8.949, as fellGws:
1. I3swHns 311ey,
2. Miniature 9a1f gaurse,
J. Billiars Rail,
04/14/201003/29/?010
Page 50_ J
4-57
4. ~1~atiA~ rink;
G. Pyslis staeles, Syeject to tRe ~ro'/isigRS of CVMC
19.aU1Q;
H. Ntl.ls' sY~~ly and materials stoFG.;(added to
: Permitted uses - no need for CUP)
I. ClgtAiR~ s31es (new);
J. UAGlassi~ed YSG., sOle CA3pler ~ CVMC;
I;K Roof-mounted satellite dishes, subject to the
',standards set forth in CYMC 19.30.040;
tb. Recycling coliection centers, subject to the
~provisions of CYMC 19.58.345.
The followinq uses shall be permitted in the C-Y zone;
crovided. a conditional use permit is issued bv the clanninq
commission. or chula vista redevelooment corcoration for
proiects within a desiQnated redevelooment oroiect area or
,for unclassified uses as defined in CYMC 19.54.020.
I G. Bars or niqht clubs (dance floors subiect to the
. crovisions of CYMC 19.58.115 and Chapter 5.26 CYMC);
I H. Commercial recreation facilities subiect to the
'conditions of CYMC 19.58,040 as follows:
, 1. Bowlino allev
2. Miniature oolf course.
3. Billiard hall.
4. Skatinq rink:
I. Public stables subiect to the provisions of CYMC
,19.58.310'
J. Unclassified uses. see Chapter 1954 CYMC.
(Ord. 2273 S 6,1988; Ord. 2252 S 6,1988; Ord. 2233
S 6, 1987; Ord. 2160 S 1, 1986; Ord. 2108 91,1985; Ord.
1356 S 1, 1971; Ord. 1212 S 1, 1969; prior code
S 33.51 O(C)).
19.38.040 Sign regulations.
Repealed by Ord. 2924 ~ 3, 2003. (Ord. 2309A
S 9,1989; Ord. 157591,1974; Ord. 1356 S 1,1971;
Ord. 1212 S 1, 1969; prior code 9 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 CYMC 19,16.040; provided, however, that
said limitation may be adjusted by conditional use
permit. (Ord. 1356 S 1, 1971; Ord. 1212 S 1, 1969;
prior code 9 33.510(E)).
marvl
Page 51
4-58
'.
04/14/201003/29/2010
EXHIB IT A
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 , I
in CVMC 19.16.020 and 19.16060 through 19.16.080 I
and where increased as determined by the issuance
of a conditional use permit 1
I
Yards in Feet
Lot Area (sq. Exterior
ft.) Lot Coverage (max. '!o) Front Side Yard Side Rear
I 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
o for o 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. 135691,1971; Ord. 121291,1969; prior code 9 33.51 O(F))
I
, I~.. _. "_:" ~"'''. ,,"'u ... . .
Off-street parking and loading fac1htles are required
for all uses in a C-V zone, as provided in CYMC
19.38.070 Setbacks from residential zone- 19.62.010 through 19.62.140. (Ord.1356 91.1971;
Ord. 121291,1969; prior code 9 33.510 (G)(4)).
Parking and loading facilities.
In any C-V zone directly across a street or 19.38.110 Enclosures required for all uses-
thoroughfare (excluding a freeway) from any R zone, Exceptions.
the parking and loading facilities shall be distant at All uses in a C-V zone shall be conducted wholly
least 10 feet from said street and the bUildings and within a completely enclosed building, except for
structures at least 20 feet from said streets. (Ord. outdoor restaurants, service stations, off-street
121291,1969; prior code 933.510(G)(1)). parking and loading facilities, and other open uses
I specified under conditional use permits as
19.38.080 Landscaping. I determined by the planning commission. Permanent
The site shall be landscaped in conformance with and temporary outside sales and display shall be
the landscaping manual of the city, and approved by subject to the provisions of CVMC 19.58 370. (Ord.
the director of planning. (Ord. 1356 9 1, 1971; Ord. 143691, 1973; Ord 121291, 1969; prior code
121291,1969; prior code 9 33.510 (G)(2)). 933.510(G)(5)). I
19.38.090 Site plan and architectural approval. 19.38.120 Outdoor storage.
Site plan and architectural approval is required for Outdoor storage of merchandise, material or
all uses in a C-V zone, as provided in CVMC equipment shall be permitted in a C-V zone only
19.14.420 through 19.14.480. (Ord. 1212 91,1969; when incidental to a permitted or accessory use
prior code 9 33.51 0(G)(3)). located on the same premises; and provided, that:
04/14/201003/29.'2010
4-59
A. Storage areas shall be completely enclosed by
walls fences or buildings, and shall be part of an
~~BRtorage of materials or equipment
;~all-be pel111ltted io exceed a height greater than
that of any enclosing wall, fence Dr building. (Ord.
121231,1969; prior code 3 33.510(G)(6)).
19,38.130 Wall requirements.
ZDning walls shall be provided in a C-V zDne,
subject to the conditions in CVMC 19.58.150 and
19.58.360. (Ord.1356 31,1971; Ord. 121231,
1969; pr'IDr cDde 3 33.510(G)(7)).
19.38.140 Trash storage areas.
Trash storage areas shall be prDvided in a C-V
zone, subject to the conditions of CVMC 19.58.340.
(Ord. 135631, 1971; Ord. 121231, 1969; pnDr cDde
333510(G)(8)).
19.38.150 Performance standards.
All uses in a C-V ZDne shall be subject tD initial and
continued cDmpliance with the perfDmnance
standards set fDrth in Chapter 19.66 CVMC. (Ord.
135631, 1971; Ord. 121231, 1969; priDr cDde
333.510(H)).
I
Chapter 19.40
CoT - THOROUGHFARE COMMERCIAL ZONE
Sections:
19.40.010
19.40.020
19.40.030
19.40.040
19.40.050
19.40.060
19.40.070
19.40080
19.40.090
19.40.100
19.40.110
19.40.120
19.40.130
19.40.140
19.40.150
m!rvl
P urpDse.
Permitted uses
CDnditiDnal uses.
Repealed.
Height regulations.
Area, IDt coverage and yard
requirements.
Setbacks frDm residential ZDne -
Parking and IDadin9 facilities.
Landscaping.
Site plan and architecturatapproval
required.
Off-street parking and loading
facilities.
Enclosures required for all uses-
Exceptions.
OutdDDr stDrage.
Wall requirements
Trash stDrage areas.
Performance standards.
Page 53
EXHIBIT A
19.40.010 Purpose.
The purpose Df the CoT zone is to prDvide for areas
in appropriate locations adjacent to thorou9hfares
where activities dependent upon or catering to
thorDllghfare traffic may be established, maintained
and prDtected. The regulations of this district are
designed to encourage the centers for retail,
cDmmercial, entertainment, autDmDtive and Dther
apprDpriate 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
thDrDughfares, Dr the service drives thereDf. (Ord.
121231,1969; prior code 333.511(A)).
19.40.020 Permitted uses.
Principal penmitted uses in a C- T ZDne are as fDllows:
, A. StDres, shops and Dffices supplying cDmmDdities Dr
performing services for residents of the city as a whole Dr
the surrounding community, such as department stores,
banks, business Dffices and other financial institutiDns and
personal service enterprises;
! B. New car dealers and accessDry sale of used cars
: (see CVMC 19.40.030 for used car IDts); bDat and
'equipment sales and rental establishments, subject to the
'provisions Df CVMC 19.58.070;
, C. Motor hotels and motels, subject to the provisions of
CVMC 19.58.210;
, D. Retail shDps for the sale Df auto parts and
:accessories, souvenirs, curios and other products,
,primarily tD serve the tr3vellin~travelinq public;
. E. Restaurants and cocktail lounges (dance fioors
'subject to the provisions Df CVMC 19.58.115 and Chapter
!526 CYMe);
i F. Animal hDspitals and veterinary clinics, subject to the
provisions Df CVMC 19.58.050;
G Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
, 1. Commercial recreation facilities, such as swimming
! pDols, bowling alleys, and skating rinks, subject to the
IprovisiDns of CVMC 19.58.040;
J. Plant nurseries;
1 . K. tony stl=ler ret3il 9I:lsif.186:~ gr ~9P1iGi9 est3s1ishm9nt
!8etermin88 b:l the ceR'1A"is.isn ts 8e sf tRe saR'1e ~eneral
'character as tRe above ~ermilted uses;
! Kh. AccessDry uses and buildings customarily
iappurtenant to a penmitted use and satellite dish antennas
in accDrdance with the provlslDns In CVMC 19.22.030(F)(1)
ithrough (9) and (11) through (13); .
I LM. Electrical substatiDns and gas regulator statlDns,
I subject tD the prDvisions of CVMC 1 9.58.140;
: . MI>!. Agricultural uses as prDvided in CVMC 1916.030;
! !iG. Adult-oriented recreatiDn businesses, subject to the
I provisions afCVMC 19.58.024.
! O. Used clothinq sales'
P. Knittinq and weavinq ShDDS'
Q. UohDlsterv ShDDS.
04/14/201 003/~9/2QI 0
4-60
(Ord. 2273 9 7,1988; Ord. 2160 9 1, 1986; Ord. 2108
91,1985; Ord. 195491,1981; Ord. 135691,1971; Ord.
,1212 S 1, 1969; prior code S 33.511 (8)),
; 19.40.030 Conditional uses.
, The followino uses shall be permitted in the C-T zone;
crovided a conditional use Dermit is issued in accordance
with the provisions of CVMC 19 14.030iA) or 19.14.040 as
mav be applicable: and 19.14.050 throuoh 19.14.090:
Condition::JluC9S in :) C T Z9R8 ir:uz!bJde:
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;
: C. Drive iA tAeaterG, sYbjest to IRe ~re"isieRs of CWAC
,19.a8.12Q; aA~ ~re'/I~ed, thatthe scmeR shall be so
; locatea and designed that it is A9t visisle from adjacent
jlRoreughfares, aA~ sai~ screen shall se set !Jack Aot less
'IRaA 1GG leot !rom any street or thoroughfare;
: CO. Automobile service stations, garages for major and
i minor repairs, as defined herein, and car-washing
i establishments, subject to the provisions of CVMC
,19.58.060 and 19.58.280;
Q€. Carpenter, electrical, plumbing or heating shops;
F. Qancahalls, sY!Jject to the previsiens of CVMC
'19..aG1C:
. G. Truck and tr.ailer seFYiee, iAclu~ing major repair;
, f;Jt Building material sales yards, not including concrete
mixing;
EL Automobile storage, contractor's equipment storage
,yards, or storage, sale and rental of equipment commonly
,used by contractors;
, .1. SignE; in eXGG6S af m9Himum, ::l~ ost31alishoGl iA C"~1C
:19.€i0.5€iQ;
; QI<. Bait and tackle shops;
L Commercial reemolien (;Joilities (outdoor);
M. U~hoIGter; SRO~S;
N. '^,Ylomeaila ~aint aA~ aoey SRO~G:
, O. ''VRolasala aakeries;
[ P. L"un~ries, a"c8~t im!",tr;al, aA~ cleaAing an~ e\,eing
!nbn'o
,~
. Q. Usee "lathing sales;
J:!R Lumberyards;
S. Raeiater re~air S~8~S:
T. l'nclassiliee uses, see C~a~ter ~ CVMC;
IJ. KAilliA9 an~ '.\,8a"in9 sho~s;
V. C:1rdrooms;
IW. Roof-mounted satellite dishes, subject to the
: standards set forth in CVMC 1930040;
,IX. Recycling collection centers, subject to the
provisions of CVMC 19 58 345.
The fOllowinq uses shall be permitted in the C. T zone;
provided. a conditional use oermit is issued bv the olannina
commission. or chula vista redevelopment corporation for
proiects within a desionated redevelopment proiect area, or
for unclassified uses as defined in CVMC 19.54.020.
marvl
Pafte 54_
EXHIBIT A
K. Drive-in theaters. sublect to the provisions of CVMC
'19.58.120' and orovided, that the screen shall be so
located and desiq ned that it is not visible from adiacent
thorouohfares and said screen shall be set back not less
than 100 feet from anv street or thorouahfare'
. L. Dancehalls, subiect to the provisions of CVMC
, 19.58.040:
. M. Commercial recreation facilities (outdoor)'
N. Automobile paint and bod v shops:
O. Wholesale bakeries:
P. Laundries exceot industrial. and cleanina and dveina
plants'
a. Radiator repair shops'
R Truck and trailer service. includina maior repair"
S. Cardrooms'
T. Unclassified uses, see Chapter 19.54 CVMC.
JOrd. 2252 97,1988; Ord. 2233 9 7,1987; Ord. 2160
91,1986; Ord. 2152 9 3,1986; Ord. 2108 91,1985; Ord.
:195491,1981; Ord. 1855!j 3,1979; Ord. 1757 S 1,1977;
,Ord. 1746!j 1, 1977; Ord. 1716!j 1,1976; Ord. 146491,
1973; Ord. 145691,1973: Ord. 1356 91,1971; Ord.1212
91,1969; prior code 9 33.522(C)).
19.40.040 Sign regulations.
Repealed by Ord. 2924 Ii 3, 2003. (Ord. 2309A
910,1989, Ord. 157591,1974: Ord. 135691,
1971; Ord. 129591,1970; Oed. 1251 9 1, 1969; Ord.
121291,1969; prior code !j 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 9 1, 1971; Ord. 121291,1969;
prior code 9 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 1916020 and 19.16.060 through 19.16.080
and where increased for conditional uses:
4-611
19.40.070 Setbacks from residential zone-
Parking and loading facilities.
In any CoT 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. 121291,1969; prior
code 9 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 135691,1971; Ord.
12129 1, 1969; prior code 9 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 CoT zone, as provided in CYMC
19.14.420 through 19.14.480. (Ord 121291,1969;
prior code 9 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 CoT zone, as provided in CYMC
19.62.010 through 19.62.140. (Ord 135691,1971;
Ord. 121291,1969; prior code 9 33.511 (G)(4))
EXHIBIT A
'.
19.40.110 Enclosures required for all uses-
Exceptions.
. All uses in a CoT 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 CYMC 19.58.370. (Ord.
143691, 1973; Ord. 121291, 1969; prior code
933.511 (G){5))
19.40.120 Outdoor storage.
Outdoor storage of merchandise, material or
equipment shall be permitted in a CoT 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.
121291,1969; prior code 9 33.511(G){6))
19.40.130 Wall requirements.
Zoning walls shall be provided in a CoT zone,
subject to the conditions of CYMC 19.58.150 and
1958360. (Ord. 135691,1971; Ord. 121291,
1969; prior code 933.511(G)(7))
19.40.140 Trash storage areas.
Trash storage areas shall be provided in a CoT
zone, subject to the conditions of CYMC 19.58.340.
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4-62
(Ord. 135691,1971; Ord 121291,1969; prior code
933.511(G)(8))
19.40.150 Performance standards.
All uses in a CoT zone shall be subject to initial and
continued compliance with the performance
standards set forth in Chapter 1966 CVMC. COrd.
135691,1971; Ord.1212 91,1969; prior code
933.511 (H)).
Chapter 19.42
I-R - RESEARCH INDUSTRIAL ZONE
Sections:
1942.010
1942.020
19.42.030
19.42.040
19.42.050
19.42060
19.42070
19.42.080
19.42.090
19.42.100
1942.110
1942.120
19.42.130
1942.140
19.42.150
19.42.160
19.42.170
19.42.180
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Prohibited uses and processes.
Repealed.
Height regulations.
Area, lot coverage and yard
requirements.
Performance standards.
Enclosures required for all uses-
Exceptions.
Fuel restrctions.
Setbacks required from residential
zone - Parking and loading
facilities.
Landscaping.
Site plan and architectural approval.
Off-street parking and loading
facilities.
Outdoor storage.
Trash storage areas.
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 modem, large-scale
research and specialized manufacturing
organizations, all of a non-nuisance type. (Ord. 1281
91,1970; Ord. 121291,1969; prior code 9
33512(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
instnuments and devices;
marv
aQe)
EXHIBIT A
C. Manufacture and assembly of office computing
an~a~lhes'i!\li!!I:to/peWt\~!C
measuring instruments and test equipment;
E. Electrical substations and gas regulator stations,
supject to the provisions of CVMC 19.58140;
F. Temporary tract signs, subject to the provisions
of CVMC 19.58.320 and 1960.470;"
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
135691,1971; Ord 1281 91,1970; Ord. 1212!i 1,
1969; prior code 9 33.512(B))
" Code reviser's note: This subsection amended to
conform with provisions of Ord 1575, 1974.
19.42.030 Accessory uses and bulldin9s.
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
!i 1,1986; Ord. 2108 91,1985; Ord. 1281!i 1,1970;
Ord. 121291,1969; prior code 9 33.512 (C)).
19.42.040 Conditional uses.
: The followinq uses shall be permitted in the I-R 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 throuqh 19.14.090:
Cenaitien;]1 uses ~ermittea in an I R zene include:
A. Retail commercial uses necessary to serve the I-R
zone;
B. Manufacture of pharmaceuticals, drugs and the like;
C. Builaing l1ei~At in 8>(Goss eftRree and one t.1alf sleries
or ~ 5 feat;
C. Roof-mounted satellite dishes subiect to the
: standards set forth in CVMC 19.30040'
i D. Recvclino collection centers. subiect to the provisions
of CVMC 1958.345.
,
i The followino uses shall be permitted in the I-R zone'
i provided. a conditional use Dermit is issued bv the plannino
!commission or chula vista redevelopment COrDa ration for
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4-63
EXHIBIT A
proiects within a desionated redevelopment proiect area or
'for unclassified uses as defined in CYMC 19,54,020,
5;9. Unclassified uses, as set forth in Chapter 19,54
,CYMC;,
, E. Roof fRounteEl g3tellite Eli6he6, 6"bje6t t9 the
le;t3ndarge; "et fgrlh in e"Me 1930040;
i F, RecY61ing "Qlla6tia" 69ntm", subjest \Q the ~rg"igien6
:8f eVMe 19,68J46;
, FG, Hazardous waste facilities, subject to the provisions
of CVMC 19,58,178. Conditional use permit applications
'f th t bl' h t f h dous waste facilities shall b
or e es a IS men 0 azar e area eSlgna e or u ure resl en 18 eve opment on
'considered bv the city council subsequent to its receipt of the general plan, except as provided in CVMC
: recommendations thereon from the plan nino commission, 19.16040. (Ord. 1281 91, 1970; Ord. 121291, ,
,or chula vista redevelopment corporation If located within a 1969; prior code 9 33.512(G)).
'desionated redevelopment proiect area. in accordance with
:CVMC 19.14070(B). (Ord 254293,1993; Ord. 225299, 19.42.080 Area, lot coverage and yard
: 1988; Ord. 2233 9 9, 1987; Ord, 21609 1, 1986; Ord. 2108 requirements.
S 1, 1985; Ord. 1281 S 1, 1970; Ord. 1212 S 1, 1969; prior The minimum lot areas required shall be one of the
,code S 33512(D)), following for this zone classificabon, as designated qn
the zoning map, except as provided in CYMC
I 19.16,020 and 19,16060 to 19,16080 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 S 1, 1971; Ord. 1281 S 1,1970; Ord. 1212 S 1,1969; prior code S 33,512(H)).
19.42.050 Prohibited uses and processes.
Prohibited uses in an I-R zone include
manufacturing uses and processes involving primary
producbon of products from raw materials. (Ord. 1281
S 1,1970; Ord, 1212 S 1,1969; prior code
933.512(E)).
19.42.060 Sign regulations.
Repealed by Ord. 292493, 2003, (Ord. 2309A
911,1989; Ord, 157591,1974; Ord. 135691,
1971; Ord, 1281 S 1,1970; Ord. 1212 S 1, 1969; prior
code 9 33,512(F)),
19.42,07D 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 feBt of any residential zone or any
d ' t d f f t 'd rid I
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04/14/201003/29/2010
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Sections:
19.44010
19.44020
19.44.030
19.44.040
19.44.050
19.44.060
19.44070
19.44080
19.44090
19.44100
19.44110
19.44.120
19.44.130
19.44.140
19.44.150
19.44.160
19.44.170
1944.180
Chapter 19.44
I-L - LIMITED INDUSTRIAL ZONE
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Prohibited uses and processes.
Repealed.
Height regulations
Area, lot coverage and yard
requirements.
Performance standards.
Fuel restrictions.
Setbacks from residential or
agricultural zone - Loading
facilities
Landscaping.
Site plan and architectural approval.
Off-street parking and loading
facilities.
Outdoor storage.
Trash storage areas.
Enclosures required for all uses-
Exceptions.
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 128191,1970; Ord. 121291,
1969; prior code 9 33.513(A)).
19,44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing,
repairing, bottnng, 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;
'0.
EXHIBIT A
E. Truck, trailer, mobilehome, boat and farm
im~e~iq;i!OO;re%Y1!!JII~/!Q;material 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
ofCVMC 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;
a. Agricultural uses as provided in CVMC
19.16030 (Ord.135691, 1971; Ord.128191,
1970; Ord. 121291,1969; prior code 9 33.513(B)).
Code revisers note: This section amended to
confonm with provisions of Ord. 1575, 1974.
19.44.030 Accessory uses and buildings.
Accessory uses penmitted 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) through (9) and (11) through (13).
(Ord. 2160 91,1986; Ord. 2108 91,1985; Ord. 1281
91, 1970; Ord. 121291,1969; prior code
933.513(C)).
19,44.040 Conditional uses,
The followino uses shall be permitted in the I-L zone;
provided a conditional use penmit is issued in accordance
with the provisions of CVMC 19, 14030iA\ or 19.14.040 as
may be aoolicable' and 19.14.050 throuoh 19.14.090:
ConditiQRal "E;es permitted in an I L zone iRGlyee:
. A. MaGRiRe E;RQ~S aRe sheet metal E;Re~s;
04114/201003 ;:912111 0
4-65
68. Service stations, subject to the conditions in CVMC
.19.58280;
C. Steellabrication;
B9. Restaurants, delicatessens and similar uses;
~. gri"e in theaters, c~eject te the conaitions of C"HC
. 19..8.120;
.(;.f.. Major auto repair, engine rebuilding and paint
shops;
DG. Commercial parking lots and garages;
H. Plastioe an8 other syntMtics m:JR~lacturing;
I. 8ul18ing "eigAlc exces8ing three an8 ene Aalf steFies
or 4. leot;
J UAclaceifie8 ucoc, ~c eet forth in Ch~~ler 19.51
,GVMG;
K. Trucking yards, termiAals ~n8 dietrieutlng e~eratiene;
L The retail sale of SUCA eulk~' i~ems ~s f~rnituFe,
'~ets ~Ad other simil~r 'terns;
~ M. Retail Eli&tribbltier-\ senten; ::md m3Ablmst6lrers' 961tlstE.
VJhicA re~uire extenci':e ~aor ~reas fer tAe ster~ge an8
: dis~l~y of merch~ndise, 3n8 U1e Righ volume, 'v~rehouse
l\>;~e sale of go08s anEl retail ~sesVJhich. are relat08 ta an8
~ su~~or\i>:e of eKisting, on site retail 81stneutloA eonteFe of
I m:JJ'blfastldrers' el:Jtlet~. CQ~E1itist:l311;JE:e ~orR=tit ::1f1J3lieatieFls
'lor tho estaelishmeAt af rotail eammeFGial Hses, sD':ered by
,the ~rGvisisAs oftRis sHesestiaA, sRallee eansiElereEl ey
:U~S sity couAail suese~uent to its rscei~t af
, recammendations thersoA !rom ths ~Ianning commissiaA;
EN. Roof-mounted satellite dishes, subject to the
standards set forth in CVMC 19.30.040;
! FO. Recycling collection centers, subject to the
provisions of CVMC 19.58.345;
: P. H323f99b1E: "'3&t9 f:3~ilitieE, sblbject to tl=19 Jafs"is:iaflt
:afCVMC 19..8.178;
i GQ. Brewing or distilling of liquors requiring a Type 23
!Alcoholic Beverage Control License.,
I -
I
i The followino uses shall be oermitted in the I-L zone;
!provided, a conditional use ceomit is issued bv the plannino
!commission, or chula vista redevelocment coreoration for
I proiects within a desionated redevelopment proiect area, or
ifor unclassified uses as defined in CVMC 19.54.020.
! H. Machine shocs and sheet metal shoos'
I I. Steel fabrication;
! J. Plastics and other svnthetics manufacturino;
, K. Drive-in theaters, subiect to the conditions of CVMC
i
'19.58.120'
: L. Truckino vards, terminals and distributinq ooeratlons'
. M. The retail sale of such bulkv items as furniture,
!carcets and other similar items'
N. Retail distribution centers and manufacturers' outlets
which reauire extensive floor areas for the storaCle and
disolav of merchandise and the hioh-volume warehouse-
:type sale of ooods and retail uses which are related to and
'sucportive of exlstino, on-site retail distribution centers of
i manufacturers' outlets.
: 0, Unclassified uses as set forth in Chacter 19.54
,CVMC'
, P. Hazardous waste facilities subiect to the crovisions
I of CVMC 19.58.178. Conditional USe cermit applications
mary] Page 59
EXHIBIT A
: for the establishment of hazardous waste facilities shall be
'considered bv the city council subseauent to its receipt of
.recommendations thereon from the clannino commission
lor chula vista redevelocment corcoralion if located within a
!desionated redevelopment proiect area in accordance with
'CVMC 19.14070iBLCeRElitiaAal ~se perFAit a~~lioatiens lor
the ~se '" sueseotioR (0) of tRis seotion sh~11 be
'consiElered aR8 .~~r8"ecj E>Y the zGRing ~Elministr3tGr.
(Ord. 303191,2006; Ord. 2542 94,1993; Ord. 2252 9 10,
1988; Ord. 2233 9 10,1987; Ord. 2160 91,1986; Ord.
210891,1985; Ord. 203191,1983; Ord. 192791,1980;
Ord. 169891,1976; Ord. 135691,1971; Ord. 1281 9 1,
1970; Ord. 121291,1969; prior code 933.513(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
cpmbustible materials,
5. Stockyards, slaughterhouses and
rendering plants,
6. The storage of fireworks or explosives,
7. Industrtal 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 92,2006; Ord. 1281 9 1,
1970; Ord. 121291,1969; prior code 9 33.513(E)).
19.44,060 Sign regulations.
Repealed by Ord. 2924 Ii 3, 2003. (Ord, 2309A
912, 1989; Ord. 157591,1974; Ord. 135691,
1971; Ord. 128191,1970; Ord.121291, 1969; prior
code 9 33.513(F)).
19,44.070 Height regulations.
4-66
EXHIBIT A
or agricultural development on the general plan, the
No building or structure shall exceed three and loading facilities and structures shall be a distance of
one-half stories or 45 feet; except, that any building or at least 30 feet from said street (Ord 1281 !j 1, 1970;
structure erected to such a height or less that would Ord. 1212!j 1, 1969; prior code!j 33.513(1)(3)).
be detrimental, in the opinion of the commission, to 1
the light, air or privacy of any other structure or use, 1~.44.120 Landscaping.
existing or reasonably to be anticipated, may be The site shall be landscaped in conformance with
reduced. Exceptions are provided in CVMC the landscaping manual of the city, and approved by
19.16040. (Ord. 1356!j 1, 1971; Ord. 1281 !j 1, the planning department (Ord. 1281
1970: Ord. 1212!j 1,1969; prior code!j 33513(G)). !j 1, 1970; Ord. 1212!j 1, 1969; prior code
19.44.080 Area, lot coverage and yard !j 33.513 (1)(4)). I
requirements. I
I
The following minimum requirements shall be I 19.44.130 Site plan and architectural approval.
observed, except as provided in CVMC 19.16.020 Site plan and architectural approval is required for
and 19.16.060 through 19.16.080 and where all uses in an I-L zone, as provided in CVMC
increased for conditional uses: 19.14.420 through 19.14.480. (Ord. 1281 !j 1, 1970;
Ord 1212!j 1, 1969; prior code!j 33.513 (1)(5)).
l
Setbacks in Feet
Exterior
Lot Area (Sq. ft.) Lot Coveraoe (max. %) Front Side Yard Side Rear
10000 50 BuildinQs 20' 1.Q: 0" D..
Sions 0 0
"Or not less than that scecified on the buildino line map which takes precedence shall be crovided and maintained. (See
CVMC 19.44,090 throuQh 19.44.180 for other required setbacks,)
""Excect when adioinina an R or A zone or areas desiQnated for future residential or aaricultural development on the
Chula Vista oeneral plan then not less than 50 feet
, (Ord 1356 & 1 1971' Ord 1281 & 1 1970' Ord. 1212 1.1969; ode & 33513IH))
19.44.140 UTT-street parKing and 10aalng facilities.
19.44.090 Performance standards. Off-street parking and loading facilities are required
All uses permitted by this title shall be subject to for all uses in an I-L zone, as provided in CVMC
initial and continued compliance with the performance 19.62,010 through 19.62.140. (Ord. 1356!j 1,1971;
standards in Chapter 19.66 CVMC. (Ord. 1281 !j 1, Ord. 1281 !j 1, 1970; Ord. 1212!j 1, 1969; prior code
1970; Ord 1212!j 1, 1969; prior code!j 33513(1)(1)). , !j 33513(1)(6)),
19.44.100 Fuel restrictions. 19.44.150 Outdoor storage.
Manufacturing and industrial processes in an I-L Outdoor storage and sales yards in an I-L zone
zone shall use only gas or electricity as a fuel; shall be completely enclosed by solid walls, fences or
provided, however, that oil burning equipment may be buildings, or a combination thereof, not less than six
installed for standby purposes only, (Ord. 1281 !j 1, feet in height No merchandise, materials, equipment
1970; Ord. 1212!j 1, 1969; prior code !j 33.513 or other goods shall be stored or displayed higher
(1)(2)). than the enclosing fence. For other fencing
requirements, see CVMC 19.58.150. (Ord. 1356!j 1,
19.44.110 Setbacks from residential or 1971; Ord. 1281 !j 1,1970; Ord. 1212!j 1,1969; prior
agricultural zone - Loading facilities. code 9 33.513(1)(6)).
In any I.L zone directly across the street from any 19.44.160 Trash storage areas.
R or A zone, or areas designated for future residental
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Trash storage In an I-L zone shall be subject to the
provisions of CVMC 19.58.340. (Ord. 135691,1971;
Ord. 1281 9 1, 1970; Ord. 121291, 1969; prior code
633513(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
buildi~9. (Ord. 135691,1971; Ord. 1281 91, 1970;
Ord. 121291,1969; prior code !i 33.513 (1)(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 91,1971; Ord.128191,
1970, Ord. 1212!j 1, 1969; prior code !j 33.513
(1)(10)).
Chapter 19.46
I - GENERAL INDUSTRIAL ZONE
Sections:
19.46010
19.46.020
19.46030
19.46.040
19.46.041
19.46.050
19.46060
19.46.070
Purpose.
Permitted uses.
Accessory uses and buildings.
Conditional uses.
Prohibited uses and processes.
Repealed.
Height regulations.
Area, lot coverage and yard
requirements.
Performance standards.
Site plan and architectural approval.
Off-street parking and loading
facilities.
Setbacks from residential or
agricultural zone - Loading
facilities.
Landscaping.
Outdoor storage.
Trash storage areas.
Wall requirements.
19.46.080
19.46090
19.46.100
19.46.110
19.46120
19.46.130
19.46.140
19.46.150
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
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Page 61
EXHlBIT A
hazards and noise or other disturbances. (Ord. 1281
!j 1, 1970; Ord. 1212 'j 1, 1969; pnor code
933.514(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
9as 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 91, 1984; Ord. 1361 91,
1971; Ord. 1356!j 1, 1971; Ord.1281 'j 1, 1970; Ord.
121231,1969; prior code 3 33.514(8)).
, 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 (g) and (11) through (13). (Ord. 2160
!i 1,1986; Ord. 2108 3 1, 1985; Ord. 1281 3 1, 1970;
Ord. 121291,1969; prior code 'j 33.514 (C)).
119.46.040 Conditional uses.
The followina uses shall be permitted in the I ~one;
iorovided. a conditional use oermit is issued bv the zonina
,administrator in accordance with the orovisions of CVMC
i19.14030(A) or 19.14.040 as mav be apolicable; and
,19.14050 throuah 19.14.090: CeAailieAal ~ses iA aA I
'dlelnGt IAGI"de.
A. Motels;
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4-68
B. Restaurants;
C. Service stations, subject to the provisions of CVMC
1958.280;
D. Roof-mounted satellite dishes subiect to the
standards set forth in CVMC 1930040;
E. RecvclinQ collection centers sublect to the provisions
of CVMC 19.58.345.
I
The followino uses shall be permitted in the I zone;
provided a conditional use permit is issued bv the planninQ
commission. or chula vista redevelopment corporation If
,located within a desiQnated redevelopment proiect area or
: for unclassified uses as defined in CVMC 19.54.020.
, 1"0. 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
'related to, and supportive of. existing on-site retail
. distribution centers or manufacturers' outlets. CSRailisno/
~se ~ermit 3p~liGatisns fur the estoblishmeRt sf retail
'GElmmere[31 blses, severe€! sy tA~ ~r9viE:ieAs sf tAis
's~bseGlisA, shall be cSRsiaerea by tRs sil, cs~ncil
's~bse~ueAt ts its reseiot ef reGommenaatisRs theresn 1m",
:tR8 (3f:ar:II:tiPlfj semmissi9F1;
, 1". The lollowin~ ~ses ssvered by tRis s~bseGtieR shall
- be considered by the city GS~Rcil s~bseq~snt ts its receipt
sf ressmmendatisRs tRereen frs", tRe ~lanRiRij
: Gamr:FIiE:sieR:
i H-1-. Brewing or distilling of liquor, or perfume
, manulacturing,
, [:<. Meat packing,
! JJ. Large-scale bleaching, cleaning and dyeing
I -
, establishments,
! K4. Railroad yards and freight stations,
! :Ceo Forges and foundries,
! Mg. 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
! materials stored are not piled higher than said screen;
G. Any stRer ~se whish is "etormiRea by tRe
: commission 10 be of the same ijeReral charaGter o. the
: 399'/9 !::lEeS;
, Fl. Unslassifie" ~ses, os provide" in Chapter 19.~4
: GVMGi
! N. Auctions of vehicles heavy machinerv and
'equiDment subiect to the Drovisions of CVMC 19.58.055
and onlv where the P Drecise Dlan modifier has been
: aDPlied to the qeneral industrial (I) zone. I. Roof rAewAtes
. satellite slsRe", sweject te Ihe .tana3rss set furth 'n CYMC
:19JQ.940;
i O. Unclassified uses. as set forth in ChaDter 19.54
:CVMC;
. d. RecYGlin~ celleclen centers, s~bje8t Is tho ~re"isiens
'of CVMC 1Q.~8.31a;
i K. Flazarss~s waste laGilities, sueject ts the provisions
:ofC'IMC 19.08,178;
fiaryl Page 62_
EXHIBIT A
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 bv the citv cpuncil subsequent to its receipt of
recommendations thereon from the Dlanninq commission.
or chula vista redevelopment corporation if located within a
.desianated redevelocment proiect area in accordance with
:CVMC 19.14070(8).
L. J',~ctisns ef vohicles, Reavy rf1aSRiAerj aRS
equiprf1eAt. s~bject te the provisioAS sf CVMC 19.589~~,
on" sRI,' '.vhere tAe P presiso ~Ian f.mdifier has oeen
a~plied to the I s9Rerol ind~strial zene. (Ord. 2584 94,
1994; Ord. 2542 9 5, 1993; Ord. 2252 911,1988; Ord.
2233911,1987; Ord. 2160 9 1,1986; Ord. 2108 9 1,
1985; Ord. 206491,1984; Ord. 203191,1983; Ord. 1927
92,1980; Ord. 169891,1976; Ord. 135691,1971; Ord.
128191,1970; Ord. 121291,1969; prior code
9 33.514(0)).
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 Droducts
Irom raw material, such as:
1. Asphalt, cement, charcoal and luel
briquettes;
2. Aniline dyes, ammonia, carbide, caustic
soda. cellulose, chlorine, carbon black and bone
black. creosote, hydrogen and oxygen, industrial
alcohoi, 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 fpundry;
reduction, refining, smelting and alloying of metal or
metai 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 fireworks or explosives, except
where incidental to a permitted use. (Ord. 2064 9 2,
1984).
19.46.050 Sign regulations.
Repealed by Orc!. 2924 ~ 3. 2003. (Ord. 2309A
913,1989; Ord. 157531,1974; Ord. 135691,
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4-69
EXHIBIT A
1971; Ord.128131, 1970; Ord.1212 31, 1969; prior I through 19.14480. (Ord. 1281 3 1,1970; Ord. 1212
code 9 33.514(E)). i 91, 1969; prior code 9 33.514 (H)(2))
19.46.060 Height regulations. I 19.46.100 Off.street parking and loading facilities.
Within 200 feet of any R zone or A zone i Off.street parking and loading facilities are required
designated for future residential use in the general for all"uses in an I zone, as provided in CVMC
plan, no structure shall exceed three stories or 50 feet 19.62:010 through 19.62.140. (Ord 135691, 1971;
in height; otherwise, no building or structure shall be Ord. 1281 9 1, 1970; Ord. 121291,1969; prior code
erected to such a height that it would be detrimental, 933.514(H)(3))
in the opinion of the commission, to the light, air or
privacy of any other structure or use, existing or 19.46.110 Setbacks from residential or I
reasonably to be anticipated. For other requirements, agricultural zone - Loading facilities.
see CVMC 19.16.040. (Ord. 1281 9 1, 1970; Ord. In any I zone directly across the street from any R
121291,1969; prior code 9 33.514(F)). I zone or A zone designated for residential use in the
general plan, the loading facilities shall be distant at
19.46.070 Area, lot coverage and yard least 30 feet from said street, and the structures at
requirements. least 50 feet from said street. (Ord. 1281 9 1, 1970,
The minimum lot area required shall be one of the Ord. 121291, 1969; prior code 9 33.514 (H)(4)).
following for this zone classification as designated on
the zoning map, except as provided in CVMC
19.16.020 and 19.16.060 throu9h 19.16.060 and
where increased for conditional uses;
Setbacks in Feet
Exterior Side
Minimum Lot Area (sq. ft.) Front Yard Side Rear
20,000 Buildings 25* Buildings 15* o 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 1946.080 through 1946.150.
I (Ord. 135691,1971; Ord. 1281 91,1970; Ord. 121291, 1969; prior code 9 33.514(G))
I
19.46.080 Performance standards. i 19.46.120 Landscaping.
All uses in an I zone shall be subject to initial and , The site shall be landscaped in confonmance with
I
continued compliance with the performance the landscaping manual of the city, and approved by
standards in Chapter 19.66 CVMC. (Ord. 1281 9 1, the director of planning. (Ord. 1356 S 1, 1971; Ord.
1970;Ord.121291, 1969; priorcodes33.514 1281 91, 1970; Ord. 121291,1969; prior code
, (H)(1)). 933.514(H)(5)).
19.46.090 Site plan and architectural approval. 19.46.130 Outdoor storage.
Site plan and architectural approval is required for Outdoor storage or sales yards in an I zone visible
all uses in an I zone, as provided in CVMC 19.14.420 , from any public right-of.way shall be completely
enclosed by solid walls, fences, buildings or
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Page 63
04/14/201 0031~9'~01 0
4-70
.--...-
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. 135691,1971; Ord. 128191,
1970; Ord. 121291,1969; prior code
S 33514(H)(6)).
19.46.140 Trash storage areas.
Trash storage areas in an I zone are subject to the
provisions ofCVMC 19.58.340. (Ord. 1356 S 1, 1971;
Ord. 1281 S 1, 1970; Ord.1212 S 1, 1969; prior code
S 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 S 1, 1971; Ord. 1281 ~ 1,1970; Ord. 1212
~ 1, 1969; prior code ~ 33.514 (H)(8)).
Chapter 19.47
P-O - PUBLIC/QUASI-PUBLIC ZONE
!Sections: ~.~_ _ __ __._~,__. ___ __ _ ______ _______
:19.47,010 Purpose.
:19.47.020 Permitted uses.
19.47.030 Accessory uses and buildings.
19.47.040 Conditional uses.
19.47.050 Performance standards.
:19.47.060 Siting standards.
,19.47.070 Area, lot coverage and yard
I requirements.
119.47.080 Site plan and architectural approval.
119.47.090 Landfill closure.
i~9.47.1~~__~cep!!,!'!.~.__.______._u._ _ uu _._.___.
19.47.010 Purpose.
The purpose of the public/quasi-public zone is to
provide a zone with uses in appropriate locations
which are maintained by public or publicly 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).
19.47.020 Permitted uses.
Permitted uses in the p.Q zone are as follows:
A. Agricultural uses including grazing and livestock
raising;
B. Water reservoirs; and
C. Public parks. (Ord. 2672,1996).
19.47.030 Accessory uses and buildings.
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Page 64_
EXHIBIT A
Accessory uses permitted in the P-Q zone include the
following:
I A. Caretakers units, as accessory to the principal
. permitted or conditionally permitted use; and
I B. Public utility service and corporation yards. (Ord.
i 2672; 1996).
19.47.040 Conditional uses.
The followina uses shall be permitted in the P-Q zone:
'provided, a conditional use permit is issued bv the zonina
! administrator in accordance with the provisions of CVMC
'19.14.030(A) or 19.14.040 as mav be applicable: and
9.14.050 throuah 19.14.090:Condition31 "ses permitted in
the P Q zone in~lwse:
/.... aar-1jtar~' lar-l9fjlls, blF11ass e?~Gorated by C'/MC
19.47.19g;
B. Schools;
C. Utility Ebl9E:t3tiam:;
~Q. Cellular faciliUes;
0:. Fire "tatieRs;
F. Past eFRC:o!S.;
G. LaRs reclamati9R prGJ9~tc;
!1.... Recycling collection centers, subject to the
provisioRS of recycliRg collection centers standards in
,CVMC 19.58345;
!
i The followina uses shall be cermitted in the P-Q zone'
'provided, a conditional use cermit is issued bv the clannina
:commission. or chula vista redevelooment comoration if
~Iocated within a desianated redevelooment oroiect area or
;for unclassified uses as defined In CVMC 19.54.020.
! . C. Land reclamatioR proiects'
D. Fire statioRs'
E. Post offices:
1. Gelf sri'liRQ f3nQes, with Sf ",i!Pewt FQhling;
i J. r13zarsews waste facilities, swbje"t te IRe prGviGi9RC of
.C'iMC 19..8.178;
.1' F. Sanitary laRdfills, unless excepted bv CVMC
19,47.100
G. Schools:
[ H. Utility substations
I. Golf drivina ranaes. with or without IiQhtinQ
,,11<. Unclassified uses, as provided in Chapter 19.54
:CVMC; and
, L Any etRer woe '.vRi"" is setermined by Ihe ~laRRing
:commissisA telae sf t~e saFRS ~encr:ll sn3r:Jcter as the
,3bove Yses. (Or4. 2672, 1996).
. K. Hazardous waste facilities sublectto the orovisions
of CVMC 19.58.178. Conditional use permit apclications
for the establishment of hazardous waste facilities shall be
considered bv the city council subseauent to its receipt of
recommendations thereon from the plannina commission,
or chula vista redevelopment corporation if located within a
desianated redevelopmeRt proiect area. in accordance with
CVMC 1914070(B).
Ord. 2672. 1996)
19.47.050 Performance standards.
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4-71
, 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).
,
,19.47.090 Landfill closure.
i Any sanitary landfill existing within the P-O zone
iwhich 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
iwith any agreements entered into with the city. (Ord.
'2672,1996).
I
I
'19.47.100 Exceptions.
i 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 and/or guidelines.
(Ord. 2672, 1996).
Chapter 19.54
UNCLASSIFIED USES
Sections:
1".--. -_.~--
,19,54010
: 1954020
: 19,54030
marvl
-Authorfzedw-heii-="PurPose olrevfew-:------
Designated - Limitations and standards.
Yard requirements,
Page 65_
EXHIBIT A
1954040 Height regulations,
1954,050 Off-street parking and loading facilities,
19,54060 Site plan and architectural approval.
19.54.010 Authorized when - Purpose of review.
: A. All, of the following, and all matters directly related
ithereto, 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 characterisUcs of such use shall not be incompaUble
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 1914060, et seq. (Ord
:128192,1970; Ord, 121291,1969; prior code 9 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 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
119.58,080;
I
i F, Churches: See CVMC 19.58,110;
I 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): .
, ,
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
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;
04114/201003/29/2010
4-72
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 1958180,
, 2. Amusement parks and amusement enterprises:
See CVMC 19.58.040,
3. Arenas: See CVMC 1958.040,
4. Fairgrounds: See CVMC 19.58.040,
5. Museums,
6. Open air theaters, except drive-in theaters: See
CVMC 19.58120(8),
7. Race tracks and rodeos: See CVMC 1958.040,
8 Recreational centers, commercially operated:
See CVMC 19.58.040,
9. Stadiums,
10. Shooting clubs: See CVMC 1958290;
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
; 1958330;
P. Senior housing developments: See CVMC 19.58.390;
Q. Recreational vehicle storage yards: See CVMC
1958.400;
R. Off-site advertising signs: See CVMC 19.60050(E);
S. Water distribution facilities: See CVMC 1958.420;
T. Certified fanmers' markets: See CVMC 19.58.148;
U. Ambulance services: See CVMC 19.58.245.
, Conditional use permit applications for the uses listed in
i this section shall be considered and approved by the
: following body or official. The zoning administrator shall
iapprove all ambulance services_. trailers (commercial
'coaches). and certified farmers markets. The pIGnRlA~
'"ernrni&&ian &~all approva SG"'pgrounG&, rasraatian31
;ve~isle &tor3~e yarEl&, "AursAes, 8mU&ement arSaG8S 3AG
!sentem, Irail8rs (s8mmersial seasA8s), '::aI8r aistrilJutien
!f3oilitie& 3na lJarrow pits of Rat mere tAan two aores. The
;city council, subsequent to its receipt of recommendations
'thereon from the planning commission. or chula ViSta
!redevelooment corooration for oroiects located within a
'desianated redevelooment oroiec! area, shall approve
: establishments or enterprises involvina larae assemblaaes
: of people or automobiles (Item J). and public or auasi
: public uses (Item MI. The olannina commission or chula
: vista redevelooment corooration for proiects located within
a desianated redevelopment proiect area. shall aoorove all
.other conditional use permits for unclassified uses not
'mentioned in this oaraaraDh. :1.11 a:ner blFlslassif198 uses FIst
menli8AeEl in t~is para~r-apA. (Ord. 2958 !i 1, 2004; Ord.
2921 !i 2, 2003; Ord. 2449 !i 1, 1991; Ord. 2296 ~ 6, 1989;
Ord. 2169 9 1, 1986; Ord. 2075 !i 3, 1984; Ord. 2054 ~ 1,
1983; Ord. 1878 ~ 2, 1979; Ord. 1711 9 1, 1976; Ord. 1697
9 1, 1976; Ord. 1626 9~ 1, 2, 1975; Ord. 1464 92, 1973;
Ord. 145692, 1973; Ord. 135691, 1971; Ord. 1281 92,
1970: Ord. 124692, 1969: Ord. 1232 9 2,1969; Ord. 1212
9 1, 1969; prior code ~ 33.535(A)).
marvl Page 66_
EXHIBIT 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 modifications are made with respect
thereto. (Ord. 1281 92, 1970; Ord. 12129 1, 1969;
prior code ~ 33.535(8)).
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 malter, specific exceptions,
additions or modifications are made with respect
thereto. (Ord. 1281 ~ 2,1970; Ord. 1212 ~ 1, 1969;
prior code 9 33.535(C)).
19.54,050 Off-street parking and loading facilities.
Off-street parking and loading facilities jor 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. 13569 1, 1971; Ord. 1281 ~ 2,
1970; Ord. 121291,1969; prior code 9 3.535 (D)).
19.54,060 Site plan and architectural approval.
Site pian and architectural approval is required for
all uses, as provided in CVMC 19.14.420 through
19.14480. (Ord. 1281 ~ 2,1970; Ord. 121291,
1969; prior code 9 33.535(E)).
Chapter 19.58
USES
, Sections: . _ _ _
19.58010 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.
04/14/201003/19/"010
4-73
1958.055
1958060
19.58070
19.58.080
19.58.090
19.58.100
:19.58.110
11958115
i19.58120
1958.130
i 19.58.140
19.58.145
1958.147
:1958.148
: 19.58.150
119.58.160
19.58.170
:19.58.175
119.58178
i19.58180
19.58.190
19.58.200
119.58.205
,19.58.210
: 19.58.220
119.58225
119.58.230
! 19 58.240
'19.58.244
i
i 1958245
:19.58260
119.58.270
: 19.58280
11958.290
119.58.310
: 19.58.320
119.58.330
!19.58340
;19.58345
119 58.350
! 1 9.58.360
i 19.58.370
i
!
, 19.58.380
i 19.58.390
: 19.58.400
11958.410
11958420
119.58.430
mary[
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.
Pou Itry farm.
Professional offices in the R-1 and R-3
zones.
Ambulance services.
Repair of vehicles.
Retail sales for guests only.
Service stations.
Shooting clubs.
Stables and corrals.
Tract office, temporary.
Trailers.
Recycling and solid waste storage.
Recycling collection centers.
Commercially zoned double frontage lots.
Zoning wall or fence.
Outside sales and display - Permanent
and temporary.
Special events.
Senior housing development.
Recreational vehicle storage yards.
Prohibition of flashing lights.
Water distribution facilities.
liquor Stores in the CN zone.
Page 67
EXHIBIT A
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,
posse.ssing 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 S 1, 1971; Ord. 1212 S 1, 1969; prior code
S 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.
4-74
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(B)(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.
Prirnory
RnlcWn=o
50%
or.....
ftoot or
c:ernng
Behi d
_AT
AQCe&5ory2-
~lo1ng
F;'o~,;;e-----
..
-'-..
..
~""
Exhlbtt 6. 1 - 'Attache<!"
Exhibn 6, 2 - "Behind'"
Exhibit B. 3 . 'Buildable 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
dwellin9 units in compiiance 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
marvl Page 68
"Accessory second dweiling units" are independent
living faciliues of limited size that provide permanent
provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as a single-family
dwelling according to the provisions of subsection (C)
of this secuon.
"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 19.04026.
"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 B.3).
04114/20100]1'"'9/2010
II
4-75
"Detached" means an accessory second unit
separated from the primary residence as specified in
sub5ee!ie,{1~!~' i1f!t1i~illHs section means
those enclosed 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
penmitted 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
detenmined 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
Area
Maximum Gross Floor Area for
ASDUs
Less than 5,000
sq. ft.
5,000 - 9,999 sq. 650 sq. ft. or 50% of primary
ft. residence, whichever is less
Not permitted
10,000 sq. ft. or
greater
750 sq. It. or 50% of primary
residence, whichever is less
marvl
Page 69
EXHIBIT A
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
Less than
5,000 sq. ft.
5,000 - 6,999
sq. ft.
7,000 sq. ft. or
greater
Location of Unit
Not penmitted
Attached, above, or basement
(detached not penmitted)
Attached, above or basement; or
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 confonm 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 penmitted 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:
04/14/201 003/29/2Q 1 0
4-76
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 ~dt!J!jrffl!Juired 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 1962.190,
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 uUlity
easement or similar condition shall not be penmitted.
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
penmit 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 nonmal 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
I allowed in a location where an RV parking permit has
been issued for the storage of a recreational vehicle.
i marvI Page 70
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 fe!!t 9rifl!!Julred 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 a two-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 tr,e
primary residence shall be submitted as part of the
accessory second dwelling unit building penmit
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;
4,
/
'-
4-77
~_._---_. ---------------- -
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 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 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
marv1
Page 71
EXHIBIT A
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
strucru res.
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 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.
04/14/201003'29/::!OlO
4-78
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 secUon. 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
9 1, 2004; Ord. 289796, 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 panors;
7. Body painting studios;
8. Dancehalls;
9. Model studios;
10. Sexual encounter studios and rap
parlors;
11. NarcoUc 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
marvl
Page 72
4-79
EXHIB IT A
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
paraphemalia, 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 9 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. 12129 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
04/14/201 003'29''201 0
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 supervision (persons 18 years of
age or older) shall be provided at all ~mes;
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 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 for the
zoning administrator to revoke the zoning permit and
removal of the games from the premises. (Ord. 2053
91,1983; Ord. 135691,1971; Ord. 121291,1969;
prior code 9 33901 (6)(3)).
marv
age
EXHIBIT A
. Note: Game play during normal school hours will
be allowed if verification of holiday or year-around
school schedule is presented to the operator.
19.58.042 Carnivals and circuses.
Carnivals and circuses shall be subject to the
fOllow1ng 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 lime 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. Ali electrical installa~ons 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 substantiai shall be sufficient grounds
for the zoning administrator to revoke the conditional
use permit and require removal of the circus or
camival from the property. (Ord. 2790, 1999; Ord.
207494, 1984).
19.58.050 Animal hospital, veterinarian facilities.
Animal hospital and veterinarian facilities shall be
located no closer than 100 feet to any residentiai
zone, or restauran~ 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 1966080
through 19.66.150). No incineration of refuse or
animal carcasses shall be permitted on the premises.
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EXHIBIT A
(Ord. 1356 fi 1,1971; Ord. 1212 fi 1,1969; prior code
fi 33.901(B)(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 plannin9
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 heid 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).
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 traffic congestion,
al1d shall provide a six-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 S 6, 1994;
Ord. 1356fi 1, 1971; Ord.1212 ~ 1.1969; pnorcode
~ 33 901 (B)(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
desig ned 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
91,1971; Ord. 121291,1969; prior code
~ 33.901(B)(7)).
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 9 3,
1992; Ord. 1356 ~ 1, 1971; Ord. 1212 ~ 1, 1969; prior
code ~ 33.901 (8)(5)).
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.
R 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 fi 1,1971; Ord. 1212
S 1, 1969; prior code ~ 33.901 (B)(8))
19.58.070 Automobile sales facilities.
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 9 33.901(B)(9)).
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19.58.110 Church, hospital, convalescent
h~ltsl\ ~u!lqj\Oi!~!iy~i\\StiMleh9r
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.
6. 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 (6)(1) of this section, including I
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EXHIBIT A
extensions, are considered conditional uses and may
only be permitted by issuance of a conditional use
permit. (Ord 248591.1991; Ord. 229091,1989;
Ord. 22879 2, 1988; Ord. 2285 9 1, 1988; Ord. 1356
9 1, 1971; Ord. 12129 1, 1969; prior code
933.901(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 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 CYMC
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 CYMC 5.26.120. (Ord.
22739 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.
6. 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
04/14/201003.'29 '?OI0
4-82
---..---- -.-.-
any major or secondary thoroughfare. (Ord. 1356 9 1,
1971; Ord.1212 91,1969; prior code
933901(8)(11))
19.58.130 Dwelling groups.
A dwelling group as defined In CVMC 1904.076
may be permitted; provided, that all of the foilowing
conditions and requirements are met
A. The area of the iot 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
selVing one dwelling structure shall be 15 feet and 20
feet for two or more structures
G. Guest parking shall be provided for those
dwellings selVed 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
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 th is
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
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Page 76
EXHIBIT A
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
ses;tion.
"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
91,1979; Ord. 135691,1971; Ord.1212 91,1969;
prior code 9 33901(13)(12)).
19,58.140 Electric substations.
Electric substations, when located in A, R, CoO, C-
V and CoN zones, shall conform to the following
requirements:
A. All buildings and equipment shall be required to
obselVe the same yards applicable to buildings in
each specific zone,
8. 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 stnucture. The wall Dr
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
91,1971; Ord. 121291,1969; prior code
933901(B)(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 ti~e, 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 S 2,1981).
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--------
,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-
,S zones, upon the issuance of a large family day care
: permit by the zoning administrator and in compliance with
; the following standards:
i A. Notice shall be given to properties within 9.;>00 feet of
'the proposed large family day care home at least 10 days
prior to consideration of the penmit.
, 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 councilalanning
icammisEien.
l 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
I 2. One thousand two hundred (1,200) feet of
another such facility along the same street with said
I 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 a double-wide driveway
!which shall be paved to meet city standards and be a
',minimum of 16 feet wide and 1 g 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 a two-car garage exists on-site, the
; owner must designate an area on-site other than on the
I 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
I municipal code provisions as to parking and traffic.
1 F. If, in the opinion of the zoning administrator, there is a
I potental for significant traffic problems, the zoning
:administrator shall request review of the application by the
'city traffic engineer. The city traffic engineer may impose
I accessory requirements for the day care permit in these
I instances to insure maintenance of traffic safety levels
within the vicinity of the home.
I G. Adequate outdoor play space shall be required and
i determined on a case-by-case basis. Outdoor play activity
I 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
,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
:requirements and the permit's conditions of approval. (Ord.
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Page 77_
EXHIBIT A
2793 9 1, 1999: Ord. 2717 9 1, 1998: Ord. 2269 9 2, 1988;
Ord. 2123 S 1, 1985; Ord. 211198,1985).
19.58.148 Certified farmers' markets.
"Certified fanmers' market" means a retail sales
operatioQ, 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 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 fanmers' 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 fanmers'
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 penmit shall
i include requirements or standards for the following:
1. Live animals, live entertainment or rides if any
:are proposed.
. 2. On- and off-site security and traffic controls.
3. Emergency access provisions.
4. Restrooms.
5. 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.
/\oy exlen"igo or r8n8"'al of sais ~se ~ermit F!1~st gO Mars
and "6led ~p9n gy tRe 6ity ce~nGII, ~nl8sc IRe e'l,/ sa~nsil
,expCGssl~' aolog3tec s~ch 3~therity to the planp,ing
: G;gmmission.
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
04/14/201 003/29'20~O
4-84
.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
:zon~, it must be on property used primarily for public or
i quasi-public uses.
F. Any other conditions of approval set forth in the
conditional use permit. (Ord 295892, 2004)
,19.58.150 Fences and; walls and hedges.
A fence..Q[, wall or hodge subject to the provisions of
CVMC 1212.120 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 ar l1eElge not more than six feet in
: height may be maintained and located on any part of an
: interior or comer lot, to the rear of the required front and
exterior side yard setbacks.
B In any residential zone, a fence..Q[, wall or hesge, 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..Q[, fence, ar t1esge and
the sidewalk if said wall..Q[, fence ar hesije 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..Q[, walls
. or hesges 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. 135691,1971; Ord. 121291,1969;
. prior code 9 33901(B)(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
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Page 78
4-85
EXHIBIT A
nuisance to surrounding properties. (Ord. 135691,
1971; Ord. 121291,1969; prior code
933.901(B)(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 an noyance 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 wim grass, equipped with a
sprinkler system, and maintained in good condition at
all times. (Ord. 135691,1971; Ord. 121291,1969;
prior code 9 33.901(B)(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 'I
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 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 9 2, 1975;
prior code 9 33901(B)(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 facilihes.
B. Applicability. Any conditional use permit granted
for a hazardous waste facility pursuant to CVMC
04/14/201003/29/2010
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 19.14130. Subsections (0), (E),
(F), (G), (H), (I), (J), and (K) of this section shall apply
to all hazardous waste facilities as defined in CVMC
19.04107, 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
expDsure should occur, may likely result in death,
disabling personal injury Dr 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 fDr the storage, transfer, treatment,
recycling, and/or disposal Df hazardous wastes or
associated residuais as defined in CVMC 19.04.107.
3. "Land use decisiDn" shall mean a
discretionary decision of the city cDncerning a
hazardous waste facility project, including the
issuance of a iand use permit or a conditional use
penmlt, the granting of a variance, the subdivision of
property, or the modificatiDn Df existing property lines
pursuant to Title 7 (commencing with Section 65000)
of the California Government Code.
o Notice Df Intent TD Apply - Application fDr a
Land Use Decision - Completeness of Application.
1. Pursuant to the provisions of State Health
and Safety Code Section 251997(a) and (b), at least
90 days before filing an application for a cDnditional
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 applicatiDn. The NOI shall be on
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EXHIBIT A
such fonm as approved by the director Df planning,
and shall specify the project IDcatiDn tD which it
appiies, and contain a complete description of the
nature, function, and scope of the project
2, The planning department shall provide
public notice of the applicanrs intent to apply for a
condi~onal 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 aCCDunt
fDr such purposes with the planning department at the
time the NOi is fiied.
4. The NOI shall remain in effect for Dne
year from the date it is filed, uniess it is withdrawn by
the propDnent However, a NOI is not transferable to
a location other than that specified in the NOI, and in
such instance the propDnent prDpDses 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 nDt later than
45 days thereafter, at which time the applicant and
the planning department shall discuss informatiDn
and materials necessary to evaluate the application.
Within 30 days after this meeting, the directDr Df
planning shall infDnm the appiicant, in writing, of all
submittals necessary in Drder tD deem the cDnditiDnal
use permit application complete.
6. The applicant may not file an applicatiDn
for a cDnditional use permit unless the applicant has
first complied with the above items, and presented
the required applicatiDn fee Furthermore, said
applicatiDn shall not be considered and acted upon
until it is deemed complete as prDvided by CVMC
19.14.070, and until all materials necessary to
evaiuate the applicatiDn as set fDrth by the directDr of
planning pursuant tD subsection (0)(5) of this sectiDn
have been received and accepted as to content
7. An applicatiDn is nDt deemed tD be
cDmplete untii the planning department nDtifies the
applicant, in writing, that the application is cDmpiete.
Said notificatiDn of completeness, Dr incDmpleteness,
shall be provided within 30 days of the applicatlDn
submittal, or resubmittal, as appiicable. After an
application is detemnined tD be complete, the
planning department may request additional
infDrmatiDn where necessary to clanfy, modify, Dr
supplement previously submitted materials, or where
resulting from conditions which were not known, and
could not reasonably have been knDwn, at the time
the application was received,
8. The planning department shall notify the
Office of Permit Assistance in the State Office of
Pianning and Research within 10 days after an
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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 infonming 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 Servicesl
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 alter 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 faciljty proposal.
2. The membership of the LAC shall be
broadly constituted to refiect 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.
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EXHIBIT A
4. As such, the LAC shall, within the time
period prescribed by the city council, advise the city
of the tenms and conditions under which the proposed
hazardous waste facility project may be acceptable to
th,. community,%s;1t5!1(p,f~les 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 shail be responsive to
the issues and concerns identified at the meeting
described in subsecbon (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 tenms
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
considerabon of the project.
5. The city shaH allocate staff resources to
assist the LAC in performing its duties, and the
project proponent shaH be responsible to pay the
city's costs in establishing, convening, and staffing
the LAC, through establishment of a deposit account
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4-87
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 techn ical
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
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Page 81
EXHIBIT A
epidemiologist, a toxicologist, 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
envir6nmental 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 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 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
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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 plann ing department shall send to the
applicant a copy of the written determination made
pursuant to subsection (1)(1) of this section.
3. The determination required by subsection
(1)(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
adeq uately 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 feels) shall be paid
to the city, and deposited in an account to be used
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4-89
EXHIBIT A
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
Of!ice 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 g 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
direcUy 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. 1356 g 1, 1971; Ord. 1212 g 1,1969; prior code
S 33.901 (B)(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.
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(Ord 135691,1971; Ord. 121291,1969; prior code
933.901(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. 13569 1, 1971;
Ord. 121291,1969; prior code 9 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 .ity cauncil fallg'l:ing the
recammenaatian of the planning commission or chula
vista redevelooment corooration if within the boundaries of
a desianated redevelopment area;
6. 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
i 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
:avold confiicts with residential units. (Ord. 2295 9 1, 1989).
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EXHIBIT A
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 !Jnits, 800 square feet per sleeping unit for two-
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. 13569 1,
1971; Ord.1212 91,1969; prior code
933.901(B)(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 1962.140);
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. 135691,1971; Ord. 121291,1969; prior
code 933.901(6)(22)).
19.58.225 Off-site advertising signs.
Repealed by Ord. 2924 ~ 3,2003. (Ord 229697,
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;
6. They do not break up conUnuity 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 congesUon;
E. They conform architecturally to the surrounding
area;
F. Street trees are provided. (Ord. 1356 91,1971;
Ord. 121291,1969; prior code 933.901 (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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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 S 1, 1971;
Ord. 1212 S 1, 1969; prior code S 33.901 (B)(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 zonina administrator
~laRAinQ c8FRfAicsisR 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. Toe 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
S 3, 1978).
119.58.245 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,
the zonina administrator~laRRin9 cSfAfAissisA shall
I incorporate the following condiuons:
, A. The service must be limited to the staging and
'dispatching of one ambulance from a residential structure
or unit.
S 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 zonina
: adminjstratorF'13RA:A~ cQmmissien deems appropriate to
minimize impacts on the residential neighborhood.
Fleet maintenance or the storing of mulbple ambulances
;shall not be allowed in a residential zone, even if the use is
. part of a hospital complex or located at a govemment
facility. Vehicles that are on-call shall not be considered
"stored." (Ord. 2958 S 3, 2004).
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EXlITBIT A
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 ~alifomia, as well as boats, campers, and trailers,
is prohibited in any residential zone unless all of the
following condibons 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
feel in height,
2. No repair of vehicles, boats, campers and
trailers shall be cond ucted 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 anyone 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
S 1,1989; Ord. 2176 S 5,1986; Ord. 1356 S 1, 1971;
Ord. 1212 S 1, 1969; prior code S 33.901 (8)(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 residenbal development due to excessive
traffic generauon or noise or other circumstances.
(Ord.1356 ~ 1, 1971; Ord. 1212 ~ 1, 1969; prior code
~ 33.901 (8)(27)).
19.58.280 Service stations.
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04/14/201003/29/2010
Service stations are subject to the following
red(,jr~n'-5eaR~~MAA!Ii!3'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 retaH 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 a six-
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 at 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 anyone 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 fiow 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;
,. 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 S 1, 1986; Ord. 1436 S 2, 1973; Ord. 1356 S 1,
1971; Ord. 1212 9 1,1969; prior code
S 33.901(8)(28)).
marvl
Page 85
EXHIBIT A
19~8,i:!91!19tf~fjg~ shall be located not less
than one-half m"ile'trom 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 S 1,
1971; Ord. 1212 S 1,1969; prior code
S 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.
0, 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 S 1, 1971;
Ord. 1356 S 1, 1971; Ord. 121291,1969; prior code
S 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
04/14/201003/2912010
4-92
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.135691, 1971; Ord. 1212
9 1, 1969; prior code 9 33.901 (B)(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
UUe, 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 andlor 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.
I
, C. Commercial coach units may be utilized for a
: maximum of 25 percent of the total industrial andlor
,commercial fioor area available to a particular use;
: provided, that if visible from a public street or from
adjoining properties, the coach units shall be made
marvl
Pa\!e 86_
EXHIBIT A
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
publi9, 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 zoninQ administratorpl3nnin~ G8",,,,i~~i8n for an
extension of time, which the commission may grant for a
maximum of one additional year.
E. A mobllehome, certified under the National Mobile
Home Construction and Safety Standards Act of 1974
(USC Section 5401, et seq.), may be placed on a
pemnanent 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.
194191,1981; Ord. 1711 92,1976; Ord. 151831, 1974;
Ord. 135691,1971: Ord. 121291,1969; prior code
933.901(B)(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
'and solid waste. These recycling and solid waste areas
'shall be enclosed within a minimum frve-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 CoO zone and multiple-
family zones by the development services dlrector-Qf
~1,iAnin~.
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 or hislher
'designee. A plan must comply with city and state solid
waste and recycling regulationslstandards before it can be
'approved. Building pemnits may not be issued until the plan
is approved.
04/14/20 I 003129 '20 I 0
4-93
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
'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 (B)(34)).
!
i 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
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
permit granted by the zoning administrator pursuant to
19.14.030rA).
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
approval of a conditional use permit granted by the zoninq
administrator, oursuant to 19.14,040.planAin~ commi~EigR.
and with approval of an application for site plan and
architectural review by the design review boardcGmmittee.
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.
maryl
PalZe 87
EXHIBIT A
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 223.~!! 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. A six-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 zoninq administrator~lanning
commiESigA. 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 permanen~y maintained and
; kept free of debris. A landscape plan shall be submitted to
;Ilie development services director of ~Ianning 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
I 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
the 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 deveiopment 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 detenmined by the development services director-GI
'~lanAiAg. Such a fence may be of wood construction. (Ord.
'1356!! 1,1971; Ord. 1212!! 1,1969; prior code
,!! 33901(B)(35)).
'19.58.360 Zoning wall orfence.
A six-fool-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
izones and/or uses from adjacent residential zones. A six-
'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
'residential zones or areas. Said wall or fence may be
,waived by the zonino administrator ~laRRiRg somrnission if
,it is found that the adjacent areas would be sufficiently
04/14/201003/29r~Ol 0
4-94
screened and protected without said wallar fence. (Ord.
1356 S 1, 1971; Ord. 1212 S 1, 1969; prior cede
933.901(B)(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
1958.280.
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. Fumiture;
b. Clothing;
EXHIBIT A
€t .E:/illli!ifll!iP-J;nent;
e. Dry goods;
f. Soil additives;
g. Tires, excluding service stabon 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 anyone 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 locabon 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. CoN 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. Promobonal items allowed in
cenjunction 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.
L Only merchandise customarily sold
on the premises shall be considered for temporary
0411 4/201 003/29/29 1 0
4-95
outside sales and display. (Ord. 25069 1, 1992; Ord.
2011 ~ 2,1982; Ord. 1436 ~ 3,1973; Ord. 1356!; 1,
1971; Ord. 1212 9 1, 1969; prior code 9 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
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
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 interfere with internal circulation
or 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 servicesalaAAiAS department shall
issue to the applicant a special event permit. upon
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 9 1, 1992; Ord.
2011 !; 1,1982; Ord. 1436!; 3,1973; Ord. 1356!; 1,1971;
Ord. 121291,1969; prior code !; 33.901(B)(38)).
19.58.390 Senior housing development.
Pursuant to CYMC 19.54.020, housing developments for
seniors, as defined in CYMC 19.04.201, may be allowed in
any zone except the R-1, R-2, CoY, CoT and industrial
zones. Because the residents of such development have
dwelling characteristics which differ from those of famiiies
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 CYMC 19.54.020(P}, the
planning commission. or ch ula vista redevelopment
corporation if proiect is within a desionated redevelopment
proiect area aAd Qi~J COYAoil may make exceptions to the
density, off-street parking, minimum unit size, open space,
and such other requirements as may be appropriate. The
planning commission aAd Girl G8YAGil may also adjust
required setbacks, building height. and yard areas as
marvI
Page 89
EXHIBIT A
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. 187893, 1979)
19.58.400 Recreational vehicle storage yards.
An application to establish a recreational vehicle (RY)
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 8f ~Ianning 3nd bYilding.
The approval of an RY storage yard judged by the
commission or chula vista redevelopment corporation if
located within a desiqnated redevelopment prOlect area to
. represent an interim use of land based upon zoning,
development pattems, 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 desiqnated redevelopment proiect area to
consider revocation of the permit or other appropriate
,corrective action. Permits for interim RY storage yards
i shall be granted for a maximum period of five years with
: extensions subject to rehearing before the commission..Q!
chula vista redevelopment corporation if located within a
'desiqnated redevelopment proiect area. (Ord. 2790, 1999;
'Ord. 2169 9 2, 1986).
19.58.410 Prohibition afflashing 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.
235391, 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
:14/14/201 003 '291201 9
4-96
necessary to meet a continuing water state of
emergency. Penmits shall be expressly conditioned to
expire automatically upon the effective date that the
metropolitan water district declares that the drought
severity fails below Stage VI of its incremental
interruption and conservation plan. (Ord. 2449 S 2,
1991).
19.58.430 liQuor Stores in the CN zone.
Establishments that include the sale of alcoholic
:beveraaes for off-site use or consumDtion may be
. allowed in the CoN zone upon issuance of a conditional
:use permit. The zonlna administrator shall hold a oublic
;hearin" in accordance with CVMC 19.14.060 throuah
119.14.090 uoon aivina notice thereof in accordance with
CVMC 19.12.070 and 19.12.080. A conditional use
; penmit shall npt be aranted unless the zonlna
,administrator or other issuina authoritv finds In his or her
isole discretion. and based on substantial evidence in
'view of the entire record that all of the facts reaulred bv
'CVMC 19.14.080 exist. and that approval of the permit
;wlil not result in an overconcentration of such facilities.
iOverconcentration mav be found to exist based on (a)
ithe number and location of existina facilities. (b)
j compliance with State Alcohol Beveraae Control
: overconcentration standards in effect at the time of
iproiect consideration: (c) the impact of the proposed
ifacilitv on crime' and (d) the impact of the proposed
ifacility on traffic volume and traffic fiow. The police
: department or other approoriate citv departments may
. provide evidence at the hearina. A penmit to operate may
be restncted bv anv reasonable conditions includina. but
not limited to limitations on hours of operation.
i The city council shall be infonmed of the decision on
,
,each such pemnit by the city clerk when the decision Is
'filed in accordance with CVMC 19.14090. The decision
:of the zonina administrator mav be appealed.
Such appeal shall be directed to the city council and
:must be filed within 10 business davs after the decision
:is made as provided in CVMC 19.14.100. If aopealed
:wlthin the time limit said appeal shall be considered in a
: oublic hearlna conducted bY the citv council in the same
manner as other appeals pursuant to CVMC 19.14.120
iand 19.14.130' exceot. that the city council must make
;the same written findinas required of the zonina
; administrator herein in order to arant the permit.
CRapter 19.7Q
,ZONING REGUl..I'.TION8 FOR IIO~ITGOMERY
; SectionSi
, : Reoealed o-ursuant to citvwideZOnTrlCJacDroved1ntil"e
1990s and 2005 General Plan which
sunset the Montaomerv Soecific Plan
Intent
Large f::1A=lily d:1Y ~3re h0FR8!S:.
! 19.70919
1979g13
marvl
Pa[e 90_
EXHIBIT A
19 79 014
Large fa"'ily say sare hemes witPiA
multiple la",il, Zones.
Reg~latien ef satellite eisAes.
RSFJea!eg.
Res'/sling 8911Qctior1 senten:.
CardrGoms.
t',99f'lti0A of rgbll;jt~' zaRing regbllatiam:.
'\doptioA ef Ge"At\, ersinance eXGep\ieAs.
Termo::.
"ees.
DbltiCt of z9Ain~ 3aministr3ter
!19.79915
19709113
1Q79917
1V991S
;1979920
11970021
119.79.9.9
; 19790'.9
: 19.7Q.QaQ
19.70.010IRteRt.
,^.. Tt::Ie city eeldAGil of tho ci:y af Chbl!3 \/ist.:l intones ta
",aiAtaiA the zeAiAg re@ulatioAs ef tAe Ga~At, af San Diego
in the Menl~eR1erj acea "'RisA will ~e 3 part of tAe sil,' af
CR~la \<ista eA December .1, 198a. This ama is
iEf3eGi~Gall~' 88seri99€:f in the 3AA9x3tier1 Ff13138 3S Filea vAtt:J
,IRe lesal agensy lormation sOAn",ission and ense"'paso::es
,the area fer",eny serveS tJ,' tAe Men\@e"'eF)' f'im
: PrGtestian District. This Ghapter sAall only apply to the
; Mentgemery ama.
B. In thG 8Ver:1t t~at G9nf.1icts 3rise :J.S t8 tR9 pr9"isiens sf
:ti:1iE: e!:'lal3ter 3na 3AY ether F1rBvisiens sf the CJ:1'=113 ViSt3
'M~nisipal Cese, IAe la~er sAal1 take preGesense, e)(sept ae
:to Ihoo::e itemo:: spesifiGall,' relating to lans "o::e fG@~latleA
c. Tn€! 8staelisAFFleAt, lec3tieA, cxp3m:i0A sr alter-ation
of multiple fa",ily s'.vellin@ uses. use, ,"bject to majer ",e
'permito::, and commerGial er Ins~stn31 projects or .tr"ctures
iO::Aall ~e s~bject to seo::ign revie'" preGes"res speGifies in
CVMC 1914 5g1 thrGugh 1914 130g
D. In tAe event tAat tRis sAapter, aAY sestlon within tAis
. Ghapler, er any pertien ef any sestien in thio:: GAapter io:: held
ite 8e invalis tJy a Ge"rt of seffipeteAt J~risslstien, tAe
: re",ainser ef tAis GRapter shall be in f~1I force aAs effect.
: (Or-<l. 2142 S 1, 19913: Ord. 2137 S 1, 198a)
i
'19.70.013 l.arge family day saro homes.
i . ~le~"itRstandln9 tRe ~revi.ion6 ef gestio A e1ae(y), large
ile"'il\, say sare Romes SA311 tJe pe"'Rllles fer a .ln9le
;fa",ily swellin9 '!,itAin aA R S zene s~l>ject te apprayal et a
i lal'ge famil,' say sare permit tJy the zaning administrater,
; aRs Ie Ge"'pliaRGe 'vitA tAe felle"'iA9 standards:
, A ~Ieliee GRail ~e given Ie prapertie8 witAin .QO leet ef
:IRe prepeEes large family say Gam Reme at least 10 says
~J3ri9r te G9F1~ieeratiert af the ~ermit.
i B. TRe permit shall be cono::ideres ,^,itRe~t p~blic hearin9
i ~nleo::s a hearing is re~~eGt8s by the applicant er ether
iaffested party. TRe applicant er etAer affeGtes party may
'appeal the zORing asrninistratero:: sesisieR te tAe planning
I
:E:gmFFli~~j9A.
i C. TAe lamily say sare f~nslien shall ~e iAsisent3l te the
i reo::ieential use ~f IRe ~reperty
I D. I'. large family sa,' Gare Aeme shall not leGate within
i 1.299 feet ef aROther large family say sare lesilit; en tRe
(sarna o::treet as ",easures fmrn the exterior beungariao:: of
!t~e ,af9perty.
04/] 4/20]003'29/201 0
4-97
E ,^,R area sAall se W9'1is8S ler the tem~erarj ~arking
ef at leaEt tNe 'ehiG'es ler IAS .ala leas,ng aRS uRlaaaing
of chilaren. In most Cases the ariveway in front of a 1'1)0 oar
'gara~e will satisr; !hi. r9~YireFAent.
~ F, If in IAe e~inian of the zaning asmiRistralar Ihere is a
'poleRtial lar signi~cant traffic ~reslems, the ZGniRg
aaministrator sRal1 r.eqyest fe'/io\\, af the applicatioA sy tho
: cit" tr3ffk enSJineer. The city tr:Jffic en9imwr R13Y im~9e:9
ac~essary re~yirement. lar tAS say care ~err"It iA tRese
,instances ta inwre mainteAance of traffic safer; levels
withiR Ihe vicinity of the hal+1e.
C, /" ysasle r..ar 'lara ~Iay area of 1 ,200 s~Yare feet
: sRall se proviaes, OYtssor ~Iay acli"ity shall net se allowes
. in Ihe Iront or exterior siae prd of Ihe home,
M. Play areas sRall se sesigned ans leGated to reayse
'Ihe im~act 9f Raise OR syrreyneiRg wepertios. The zaning
'asminislrator fRay iFA~ase reas9naDle re~YirafRenls Ie
):al1e"i3te Agje:e, iR(:lbl6Iir:lQ, Sl:It net limitee te, ine:t3113tioA af.3
, sb( loot Righ slock wall amYAa the perimeter of lI1e rear
:Y:U9, (Ore. 22eQ 3 1, Hlii).
i19,70.0H large family day sare homes withiR mwltiple
:f3FRiIY:JeRes.
: Notwlthstaneing tAe ~rovisions of Sections 61a6(y),
'21Q1, aRe 2141, laJ:39 f-amily say C3re RQmeE: PA:JY be
permitted lar a siAgle family awelling withiR the R V, R 0,
R 1.1, aAEI R U rasiaeAt;al Z9Aes "~eA Issuanse 9f a minor
, YEe ~ermit grantea by the zOAiRg aamiA,str"tor. (Ora, 226g
S 1, 19~~).
,
: 19.70.015 Reg"latioR 8f satellite Elishes.
.^" IA aadition 19 !he zaning regulatloRs of tRe SO"Ar; ef
'San Diogo in the Montgemery area whicR have see A
'ase~tes sy the alt:! ao""ail of IAe aity 8f CRYla Vista,
'plaaenAeAt ef satellilG sisAes wilhin MantgenAerj sRal'
:Gom~ly '....ith tAG satellitG aish reg"latioRs oYtlineEl IR tRis
:seGti9A. "Satellite SiSR aRteAna" is eelinee as a se'lise or
!instrument seaignea or Ysee lar the r..septleR of talevisien
!9r 9tAer eleotroAia COffiffiYAisationE, sigAal br.eaElcast or
~ r..layaEl 1r0nA an eartA satellite, It may be a EoliEl, opeA
:"'8SA ar bar a9A~gYrad alruatYre, typically eight 10 12 leet
! iA aiameter, in the Ehape ef a sAallo\'! alER er ~arasela,
: 8, ~atGllilG sisAes are per",ittea "'ilhin all yse
: ragylatiano '.VhioR allow rosiseRlial Yse t'l~es sYbiect \a
:"ompliaR"e '"'ith IAe lollowlng cOAailions:
1. It is groune meYAled'
2, It is not lecaled in a IraAI yard or exterior sise
;yara, Eaie yare ta sa measured from aAY ~ortieA 9f the
i DYilaiAg Ie tRe frent er exterier siae ~roperty line,
i J. It ceR1~lieE with sctsa"k reqYiremeAts ef tl1e
:blRslsrl~'iR~ zona for 38888&erj sl:1ildlngE>,
: 4. It soes net excees 12 feet in height asovo
iexistiAg grase.
I 5. It shall be leeates SR lets '!'here at least a Ii"e
:f09t high salid wall er fenae ie installes setweeA IRe aisR
: antoRna aRa adjaeent ~roperties.
9, It sl1all se aee~Yately ssreened !fom aAY
'adJaeoRt resisential Z9ne, right of '/<a:l, or private street
marvl
Pa!!e 91
EXHIBIT A
'easemenl, at harizeRtal graae level, to the satisfaction of
. the zORing admlAlstratar.
7. Onl)' one salellite alsh antoAna sl1all ee
'permiltea ~er let.
, g, Satellite aieh antoRRas ',\'itl1 a diameter
RAeaaYrlRg less tRaA oAO meter ma)' ee installea iR a
! Riannor consisteAt with typical tele"'sion anleRRas.
I 9. Satellite dish aRten"aS shall bo yses lor
'private, nOAsornmercial pyrpeses,
, 10, I'll satellite disR anteRAas, iA any zane,
's9nstrustGS aAs ereclea prier ta the effectiva sate of the
: GrsiA3nce eesit:ieg Fierein, whish SO net s8Afsrm t8 tRB
reqYiroRAents of the prev'sioRs of IRis title far the partieYlar
'zaAe in which tl1ey are locatea, sRall be accepted as
~nenGel1ferming 3AtenFl3E: fer 3 ~eria8 sf tl:1rC8 j'83r!S to
'expire Januar/ 1, 1999. Therealter, t~. satellite a;s~
i 3nroRA3s Sh311 99 EblBjeGt to immeGfi3tc 3b3tomont '/ia
!"omov31 er ttlreblgh r:T-I9aific3tion sr reloc:Jtion to comply
.with tl1e staRaards of this title.
, 11. ReplacerAent af an existiAg nonconforming
: :mtcnn:J '!'it~ aA9ti=ler ~3.tellite ElisFi 3r'1t9Ar'l3, er romo"31 9f 3
i AeACGnferming antenna lor a period longer than 6Q aays,
'sRall oaAslilYle aeaAsenmeRt of tl1e RORcenlorR1iRg
anteRA", ana is sulJjcct IRereafter te the stansards ef this
title,
12, ^ sYilaing ~ermlt sl1all se requirea,
C. aatellite dishes :ire permitted 'l:itt:'tir-'l bJse re@1:Ilati8AS
:which allov: S9rAnAGrGial and indystrial yse Pipes SYDject to
!sm"pliaAse witR staAdaras eutliAea IA SYDSectlGRS (8)(1)
'thmygR (g) ana (B)(10) thmygh (12) af this sestien, Reof
,,"OYRlea satellite dishes ma, De permittes suDject to
approval of a minor use permit grantea s~' the zOAiRg
'aaAAiAistratGr fer the eity ef Ch"la Vista, and to compliance
:"'itR IRe fellowiRg stanaardo er seRsitioRS.
i . 1. These dishes sh:J11 Be SGreeAS9, IoIsiRs
lappr.epriate matoRiAg arohitGstyr.a1 R1aterials ar parapet
i waUs.,.
, 2, Dishes s~all se of a AeYtral Gal or, mateh the
)~ilding, or aE atRerllise appravod DY the city,
, J. ^ byilslng permit shallse reqYirea.
4. ~Ia aa'lertising matelial Ehall be allowes aR tRe
'satellite aish aRtenna. Satellite aisR .RteARa caAlaiAiAg
'advertising material sl1allee eonsiseres a SiSR. (Ord. 21 a.
:31,1986).
,
'19.70,01& Off premises tempo.a!)' real estate opeR
'ltou&e SigRf;.
Ropea!eg by 0-4. 2924 3 J, 2QQJ (Ord. 2191 S 1
,~
I
: 19,70,017 Resysting sollestioR seRters.
i . Netwitl1stanaiRg tRe PrG'IiEions ef tha sS"'A1arGia! aAa
! insystrial YS8 rag~l;JtioRS s~eG'~ed in SactiGRS 2JgO
'threygh 2aga ef the ordiRaRGe "'ith res~est to recycling
[cellection centers, reG/GliRS oollaetioA eORtsm whish are
[loGatod 'NilhiA a GGRvenieAce zaAe iaaAtitiea by the state of
:C3liferni3 Def13rtmcnt sf R0~eYrCe~, l:.1F1ssr tr.,e ~rG"i~igns
)4/14/201 003/29/2G 1 0
4-98
of tRe Caliromia gevera~e Container ReG~'slin~ an~ lilter
Reduction ^ct of 1988, El>all Gefl1~ly '''itl> the 101Ie"'i"9:
,fl. Rever!;e vending maohlne~ 'Nill> a s9m~ine8 area of
ne ",ere tAan 1 oQ !;~~are feet and a Rei~ht of no mere tRan
eiQht feet tetal fI1ay oe ~err+1itled as an aGsessory "se
: Eu\:)jest te site ~Ian a~~ro\'al oy the ~lannin~ ge~artment.
'Reverse vendiR~ maGhines which are ~Iacog 'I'ilhin an
'9nd9sed building occupied by the I3riA13ry use 90 not
re~uire a~~ra',<al of a site plan.
g. Small ~91lectl9n facilitie!; eGCupyiR~ aR area of no
'mere tl>an dOg !;q~ara feet total FAa,' se pe".,ilted as aR
,L3SG8E:68rj biSO E:1.Ibjoct te 813J3rEJ"al €If ~ minar IJSC p18rmit
~ranled sy tAe zanin~ adfl1iRistrater.
, C. large collection conters with a oefl1sineg area of ever
~dOQ s~Yare foel, s~t net exoeedin~ tAe ~oor area
, e~~I',<alent of a d9 ~erson occ~~anG\, loag, mal' se
~ermilte8 as an acoessory er a primary ~se s~ojOGt to the
'a~~roval ef a r+1ajor ~se permit 9rante8 ~y the ~laRning
'oommissien, and 'vilA a~pre"al of an ap~JiGatioA for site
i ~lan and arGAitectural roview sy tAe design roview
! c9rnmittee.
! D. TAe ~r-ernises ef all reGycling celleGtion senters shall
'be ke~t free ef all lilter and debris, and all ros~'Glaole
'articles r-amovod ~rior to any stora~e cenbner reaGhin~
'ea~asily. /'.~~rovaJ ef a site ~laR er eendilienal ~Ee ~ermit
'may be r-aveked by Il>e ~ermilting a"tl>eril'l upon
:~receAtatioA ef evidenee Ihat a recyelin~ celleetien GeAter
! i€ nel maintaiAed in a saf€ and sanilar; maAner.
i E. ReGyelin~ Gellectien GeAters sl>311 ee develo~ed aRd
le~erated in aecardanGe \VitR tl>e de€i~n st"Adards fur
. recycling centers as ade~ted oy Ihe eily co"nei!.
F. TRe reg~lalio~e; set forth in thie; e;eetien sRal1 alse
'a~ply 10 recycling beililies in existence ~rier te ade~lion of
the erdinaAce Gegi~eg i~ this cha~ler. ,,"isting facilities
'sRall Rave e9 days from IAS sate sf ado~tion te eetain
: re~uiFe8 aiE:QretieF1ary
! permits. (Or-d. 22:;2 312, 1988; Or~. 22d:J 312,1987).
11970018 CardroelRs.
i ~Ietwithstanding the ~ravlslsns of C~K 19.79.920,
!f:3rerS9FF1S FFl3)' Be taer:mitt9d '~:tthin theE:8 blse r096J13ti9F1S
'vil>iGh allow ~artlei~anl s~ortE aAd recreatien for indoor
: "ses "~on appro'lal of a majer use ~ermit s~' tho city
!coUAGil; eXGe~t, tl>al cardroem" shall not oe ~eRFRilted
,v:itAin any recigeAlial zene. (Or<l. 2247' 3 1, 1988).
i 1 9.7Q.029 /\do~lioA of county zo~in~ r3~ula~ons.
: For the p"r~ese of re~"latin~ tRe ~se of la~~, ths height of
. oulldings, and the area ef lals, ouildiAg sites, yard spaces
13nE' ether m:att13FS rol::Jting te zeFliFl~, the ~it'/ 9SIdAE::i! of the
: cily ef CR~[3 Vista hareby adepts San Diego Ce"nty
10rdiAaAGe No. 0281 (~Ie'" Series), GemmoAII' raleFFed to
: ag the UZcmiFlg QfffF13nee S311 DiQ~9 C:9yntj" :n: the zening
:ordinaRce for tRs Ment@omer! area as tho~~R rull~' sat furtR
iherein. Said orginance is ade~Ied in its e~tirety e"ee~t for
!See~eRs 1009 tRre~~h 1919 and PaFt 7. (Ord. 21d7' 31,
!~
manl
Page 92_
EXHIBIT A
'1 9.7Q.021 ,^,do~tisn of CO~nl'l ordinance e"ee~t[ons
,Secliens 6799 and 6787(e) of the Co~nt/ lening
~Ordinanee are Remey re~eale8. CVMC 19.08260 Repair
'of 'Iohlcles; CV~1C 19.e2119 \.imilatiOAs 8f areas t9 b9
: uced; and CVMC 19.e2.150 Reside~Iial parkln~ front
'selb3ck restriclions, sRall be a~~li.aole to the Monl~omery
3m3 igentiliad in CVI1C 19.7'0010. (Or.. 217'5 3 g, 1985).
:19.7'9Q3Q Terms.
'A. \Nf::I9r9"Cr the phr:H::C "saara af SI:JFJGP/169rcn 3~J3e3r8 iA
CVMC 1970.020, it sAallee rea. as the "GIti' ee~noil ef the
: cil,! ef CR~la Vista"
8. Wl>erever the ~Rrase "aan Die~o Count'! PlanniR~
:CemmissieR," "plannin~ eommi.sion" or "eoard of ~lannin~
:"nd zonin~ a~~ealc" a~~ears in C'i'1C 19.79.020, it sl>all
ibo ra3g 35: the ~Ch1d13 \/iSt3 r;113nniAg s9FAFI':Iissi9n."
I
,
i C. WAerevor the ~Arase "zoning administrater" "~poars in
,C"'1C 19.70.929, it shall oe read as tl>e "zoniA~
i 3dminislralor of the city of CI>~ia Vista."
! O. \A'hercvor tJ:\e I3Ar::ase ~minor USI3 r;1srmit," ~39ministr3ti'.!e
!~efl11it" or "major UEe ~ermit" a~~ears in C'fMC 19.79.920,
:it sl>allee read as "GoRditioAal ~EO pei+Rit." (Qrd. 21d7!j 1,
i~
19.7'9.010 Fees.
'~lotwlthstandiA~ an,! ~ro'iisions to IRe esntrar! in CVMC
119.79.929, tAe master fee sel>edule ef IAe city ef Chula
;Vista shall be "sed te determine the a~~re~ri3Ie fee fer tRe
!~r-eeeEsi"~ ef zening ap~licatie"s, lan~ "Se ,~~Iication and
!'I,riaRces. (Qrd. 2H7' 3 1, 1985).
I
I g' f . d
119.79.009 "ties 0 zonlA~ a mlnlslrator.
,TAe Git~' eeuncil of the city of Ch~la 'fista reco~Aizes tAat
,tl>e adoption ef the county ef Son Die~e leRi"~ Ordln3Ace
'fur the Monlgomer/ area will create al11ei~uities "'IIR tRe
'zoning re~"lations for tRe ,emainder of the city of Chula
iVi!S:t::1. Tho eity S8l:!F\sil, therefore, 3b1tI19rize~ the 19AiF\g
ladminlstrater 10 ~se tl>e eo~ncil'E ex~ressed Intent far tl>e
iMontgome~l area to resolve these afl1oi~~ities in an
iadl11iAislrative ~fQeeEs. (Ord. 21 d7 3 1, 1980).
Chapter 19,62
OFF-STREET PARKING AND LOADING
, Sections:
..-=---
119.62010
119.62020
j 1962030
----------~_._----
Req~ired when.
Size and access requirements.
Floor area defined.
04/l4/20 1 OG3/29'20 1 I}
4-99
1962.040 I'ltemati'les to on site ~arking. Alternative
parkina arranaements: Off-site shared
parkmq aqreements' on-site shared parkinq
aqreements . _ .___._
119.62.050
: 1962060
:
1962070
19.62080
: 19.62.090
19.62.100a
: 19.62.100b
:19.62.110
:19.62.120
'1962.130
i 19.62.140
:19.62.150
,
: 19.62.160
:1962170
'19.62.180
11962.190
,19.62.200
Number of spaces required for designated
uses.
Parking areas - Development and
maintenance generally.
Parking areas - Curbing required when _
Specifications
Parking areas - Screening requirements.
Parking areas - Landscaping.
Parking areas - Surfacing requirements-
Waiver permitted when.
Pavement standards for private vehicular
areas.
Limitation on areas to be used.
Parking areas - Lighting arrangements.
Waiver or modification of provisions
pennitted when.
Off-street loading - Number and size of
spaces to be maintained.
Residential parking - Front setback
restrictions - Generally.
Residential parking - Front setback
restrictions - Exceptions.
Residential parking - Two-car garage
requirement - Intent and purpose.
Residential parking - Two-car garage
requirement - Garage setbacks.
Residential parking - Procedure for
conversion to living purposes -
Approval required.
Enforcement of this chapter.
! 19.62.01 0 Required when.
i There shall be provided, at the time any building or
: structure is erected or is enlarged or increased in capacity,
lor any use is established, off-street parking spaces for
lautomoblles 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. 121231,
:1969; prior code 3 33.801(A)).
i
:19.62.020 Size and access requirements.
Size and access of off-street parking and loading
: facilities shall be as follows:
I A. No parking area, except for a single-family or duplex
I residence, may be located so as to require or encourage
i 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 a single-family dwelling
'I may be not less than nine feet in width throughout and
paved in accordance with engineering specifications as
,adopted by the pianning commission.
maryl
Page 93_
EXHIBIT A
C. Driveways used to serve two to four dwelling units
shall be not less than 12 feet If the furthest un it is 80 feet or
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 feet wide for
. one-way traffic and 24 feet wide for two-way traffic. The
minimum vertical ciearance shall be 10 feet to allow for the
passage of emergency vehicles, based on minimum
standards administered by the city traffic engineer.
, D. All aisies and turning areas shall be adequate to
1 provide safe and efficient access to and from parking
1 spaces, based on minimum standards administered by the
I city traffic engineer.
i E. Tandem parking shall not qualify as required parking
I unless specifically approved by the planning commission..
,or chula vista redevelopment corporation for proiects within
'a desiqnated redevelopment proiec! area. (Ord. 121231.
,1969; prior code!i 33.801(B)).
!
,
: 19.62.030 Floor area defined.
,
i "Floor area,' in the case of offices, merchandising or
,service types of uses, means the gross fioor area used or
,intended to be used by tenants, and inciuding 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.
121231, 1969; prior code 3 33.801(C))
,
'19.62.040 Alternatives Ie 911 sit. parking
iarranaements: Off-site shared DarkinQ aareements:
ion-site shared Darkina aareements
: tLFor any new nonresidential use, structure or building,
!required 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 parkinq
:~ agreement with the city as to permanent
:reservation of said space and access thereto; or if the
!proposed nonresidential use lies within the boundany 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 addiUon to an existing building
,therein, shall pay the required fee(s).
B. For anv new use except sinqle familv residential uses in
the R-1 zone, shared parkinq for two or more different land
uses on the same site mav be approved as part of the
discretionary permit. or where no discretionary permit is
required, throuqh a buildinq permit subiect to the followinq
reouirements:
04/14/201 003.'29/2Q 10
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(1) Shared parkino shall be for uses that are located
on the same site.
(2\ Shared Parkino Analvsis Reouiree. Shared parkino
is based upon the variations in the number of
parklno spaces needed (parkino demand) over :he
cpurse of the day for each pf the proposed uses.
The hour in which the hiohest number of parkino
spaces is needed (peak parkino demand) for the
proposed development. determines the minimum
number of reouired off-street parkino spaces for
the proposed development The shared parkino
analvsis shall be reviewed and approved bv the
director of development services and the city
enaineer.
(3) Shared parkino shall be enfprced throuoh a shared
parkino aoreement in a form approved bv the City.
(4) Adeouate sionaoe shall be provided for tenants
andlor residents which indicate the availabilitv of
the facility for patrons of the participatino uses.
(5) Modifications to the structure in which the uses are
located or chanaes in tenant OCCUDancv reauires
review bv the development services director. (Ord.
2506 & 1.1992: Ord. 1894 & 1. 1980 Ord.1212
& 1.1969' prior code & 33801(0))
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 ra~o
based on a similar existing use not found herein. In
computing parking requirements, a resultant frac~onal
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 Req uired
1. Auctions (See CVMC 19.04015 and 1958.055):
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
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
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 subsectipn, "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 filed with the city regarding impacts related
to off-site parking, the project shall be modified to add
additional parking for employees and customers, andlor by
reducing the auction andlor storage area, subject to the
review and approval of the development services director
marvl
Page 94_
EXHIBIT A
of planning and city engineer. Failure to resolve such oft-
site public parking problems by the owner of the property
constitutes grounds for revocation of the condi~onal use
permit
2. Automobile sales facilities, new or used (see CVMC
; 1 9.5~,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 sq uare 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.
I . 7. Car wash (coin-Dperated), self-service or attendant-
operated:
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
: i~ greater.
10. Dancehalls and assembly halls without fixed seat~,
: and exhibition halls, except church assembly rooms in
:conjunction with auditoriums, nonprofit clubs and lodges:
One for each 50 square feet of floor area usee for
assembly or dancing.
11. Dwellings, single-family, duplex:
I 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:
I One and one-half per unit for each studio or one-
I bedroom apartment.
I 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.
I 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 four seats of the aggregate number
!ofseats provided in all assembly rooms of the mortuary.
i 15. Furniture and appliance stores, and household
jequipment or furniture repair shops:
One for each 600 square feet of floor area.
04/1 4/20 1 003/::'.9/)0 10
4-101
16. Hospitals:
One and one-half for each bed.
I 17. Nursing homes and convalescent hospitals and
I 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 fioor area.
21. Manufacturing plants. research or testing
: laboratories, and bottling plants:
One for each one and one-half persons employed
: at anyone 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:
i 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,
. 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:
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 orovided for each drive-up
service window or position. The oueue space for each car
shall be 10 feet wide and 20 feet lono. Reauired aueue
spaces shall not obstruct access to parkina aisles. parkinq
spaces. or pedestrian circulation.
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, pius
five spaces.
Junior high - one per teacher or employee, plus
five spaces.
High - one per four students.
29. Technical or Vocational Schools - one per three
students plus one per full time equivalent emplovee.
30.~ Sports arenas, auditoriums, theaters, assembly
halls and meeting rooms:
One for each three and one-half seats of
maximum seating capacity.
marvl
Page 95
EXHIBIT A
31:>9. 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
lone for each 1,000 square feet, whichever is greater.
, '.
jOrd. 258497,1994; Ord. 21329 1, 1985; Ord. 185691,
1979; Ord. 1531 92,1974; Ord. 135691,1971; Ord. 1212
9 1, 1969; prior code 933.801 (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 City of Chula Vista Parkinq Table, as
mav be amended from time to time. Where five or more
reauired spaces are provided. each space shall be clearlv
delineated with paint or other more durable material
contrastinq in color with the surface to which it is applied.
(Ord. 1212 S 1,1969; prior code 9 33.801(F)).
! 19.62.070 Parking areas - Curbing required when -
iSpecifications.
I Off-street parking areas for more than three vehicles
'shall be provided with a suitable concrete curb or
'horizontal timber barrier not iess than six inches in height,
located not less than two feet from any street walkway or
: alley right-of-way line. AU curbs or barriers shall be
'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
lopinion of the zoning administrator, is of such construction
.as to suitably protect the adjoining property. (Ord. 1212
i9 1,1969; priorcode!i 33.801 (F)(1)).
119.62.080 Parking areas - Screening requirements.
! Off-street parking areas for more than five vehicles shall
'be effectively screened by a 10-foot-wide iandscaped strip
I 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 135691,1971; Ord.121291,
,1969; prior code 9 33.801 (F)(2)).
, ,
,
,19.62.090 Parking areas - Landscaping.
04/14/201003119'2010
4-102
The total parking area shall be landscaped in
accordance with the landscape manual of the city. (Ord.
121291,1969; prior code 9 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 19.62.1 OOb" Surfacino PaveR1eAt
standards, so as to provide a durable and dustless surface,
and shall be sa graded and drained as to dispose of all
surface water accumulated within the area, and shall be sa
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 redevelooment
corooration far oroiects within a desiQnated redevelooment
oroiect area, may,_ by resolution, waive or modify the
standards far 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 surfacino~3ve"'eAt standards
noted in CVMC 19.62.100b (A). (Ord. 2743 9 3.1998; Ord.
121291,1969; prior code 9 33,801(F)(4)).
19.62.100b SurfacinqPavement standards for private
vehicular areas.
Areas upon private property which are required to be
surfaced,*""", per the various city regulations, or pursuant
to conditional approval of the planning commission, or
chula vista redevelopment corcoration for Droiects within a
desionated redevelopment orOlect area, shall be
surfaced~o'les in accordance with the requirements
contained herein and with the standard specifications far
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 surfaceds:JVed for the movement, parking
or storage of vehicles except as specifically noted.
A. Temporary Use (Maximum of One Year). Temporary
surfacino~o"er-Rent shall consist of permeable road base
material suitable far liQht traffic or other intended use !we
inchsE: raf S0FF1J;1astea dCCemp9E:eEl ~r:aRit9, the tel3 ana ir:lGR
.fwRisRRas BeeR treated wilR CRS 2.r CMS 2 3s~Rall
emulsion to form a permeablevlater resislant and dust-free
wearing surface. TRe os~halt eR1ulsieR sRall be a~~lied at
s"ch rales er 0 sufficient nYi+1ber of times te ~redYce Ihe
s~esified wearing swfasa. A weed killer shall be applied to
the entire area to be surfaced,*""", in accordance with the
manufacturer's recommendations.
/\s an allernotive for ~ovaments WRich will B. Yse~
exolusively far tR. i+1eVemeAt and ~arking .1 ReO'lY tryaks,
precee.es miscellaAeo~. BaEo, iAel~diAg recycled
as~haltie eener.t. BaEe, may Be s~b5titutad for
disintegrated ~FaAite.
B. !;emi PermaAeAt Use (Maxim~m 81 Five Years).
!;emi ~ermaneAt ~avement ERall eeAsist el M'e iAGReS 01
aS~RalliG eeAorele ~aYemeAt with seal eoat ~Iaced ~~eA
marv!
Page 96_
EXHmIT A
;nalive Eoil. .'\s~Ralt oORerele .Rall be Type III, Clase B2 or
Class .02, as 5~eGlfieo iA "ec:,on 400 4.. ef tRe E:taA~ard
:E:138G:if.1S:1tisf.lS fer we r:a:JQlic \"9ri~S C9AstJ:!:Jctien; (3)((;9[3t,
that it shall be ~ermiE:ciBle to yse ^R 2Q09 aS~Aalt eement
:JS :It:} 3ltOrT-I:3te t9 f.R 1QOO Jspnalt ~eR1ant. ^, sc:}l teat in
cOAferR1aAee wilR !;eetion .92 5.19 ef the "an Diego
,r~gioiial e,,~~leAAeRt aR1enoAAent5 YEiAg an R!; 1 or
. e~Yi"alent RigA viseesi!>j asphalt em~lsieA sRall Be ap~lied
to the entire ~aved surface.
~Jali'ie ceil Ie receive ~avam.At sRall be graged,
s!"aRfie~, and eom~aoted to 95 ~erseAt miRimuAA ralati"e
cem~a6tien ~er ASTM D 1557 te a nninimym do~th 015,.
incoes ~rior te iAstallation ef ~a',ing mateRal. ^, "'eeo I<iller
'shall Be a~~lied t. IRe eAtire ~re~ore~ native soil in
'3~89rGt3Af:9 "lith tt=l9 1Y1::muf.:H:tblmr's reeommona3ti8!1s.
!?G. Permanent Use Ifor areas less than 5 000 souare
,feet). Permanent pavement far areas less than 5 000
: square feet shall consist of a minimum of two inches of
i asphaltic concrete pavement with seal coat,_ 3S de50ribes
i wAder "semi ~eFfRanent wee" abe' 'e, applied aver a four-
'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 0-
,1557. Native subgrade shall be graded, scarified, and
'compacted to 95 percent minimum relative compaction per
ASTM 0-1557 to a minimum depth of six inches prior to
application of the asphaltic concrete structural section.
, Permanent areas less that 5,000 square leet far the
siorage only 01 passenger-type vehicles may be surfaced
'*""'" as specified under "temporary "semi ~ermaAeAt
u~e." This provisionr-ed~ction in slrwe!wr..1 seelieR shall
apply only to the specific storage areas and does not
include areas designated for parking or movement 01
yehicles. (Ord. 2743 9 3,1998).
C. Permanent Use (for areas areater than 5000 square
feet). Permanent pavement far areas qreater than 5 000
[square feet for private vehicluar areas shall complv with
:the requirements 01 the National Pollutant Discharqe
i Elimination Svstem (NPDES) Municipal Permit far San
i bieoo Reaion and the Citv's Develooment Storm Water
i Manual. and shall be constructed of pervious pavements
!such as permeable unit pavers or parous asphalt or
!concrete. If imDervious Davements are proposed. the
I runoff shall be directed to Law Impact Development (LID)
: or Treatment Control facilities such as veqetated swales or
[bioretention areas. Such LI 0 and Treatment Control Best
iManaoement Practices rBMPs) shall be desiqned in
iaccordance with acceotable desiqn standards established
i in the City's Develooment Storm Water Manual. Pervious
'pavements. LID features. and Treatment Control BMPs
i shail be maintained for the life of the proiect to function as
,desianed to infiltrate filter, or treat runoff from impervious
[areas
,
19.62.110 Limitation an areas to be used.
I No part of any front yard or exterior side yard (i.e., street
;side of a corner lot) shall be used lor off-street parking or
,access, except as noted in CVMC 1084.020 and
041l4/2010031~91~Ol 0
4-103
; 19.62.150, unless so authorized by the zoning
'administrator, pursuant to an approved site plan. (Ord.
1274393,1998; Ord. 2176 9 6,1986; Ord. 121291,1969;
ipriorcode 933.801 (F)(5)).
,
:19.62.120 Parking areas - Lighting arrangements.
i 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. 121291,1969;
,prior code 3 33.801 (F)(6)).
I
'19.62.130 Waiver or modification of provisions
permitted when.
I The commission or chula vista redevelocment
!cDrcoration for projects within a desianated redevelooment
,croiect area. may,_ by resolution, waive or modify the
lprovisions as herein set forth, establishing required parking
: areas for such uses as electrical power generating plants,
II electrical transfonmer 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. 121231,1969; prior code
'S 33.801(G)).
1
119.62.140 Off-street loading - Number and size of
,spaces to be maintained.
i A For every building or part thereof having a gross floor
iarea 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 olf-street
i loading space plus one additional such loading space for
I each additional 40,000 square feet or major fraction
ithereof.
I 8. Each loading space shall be not less than 10 feet in
:width, 25 feet in length, and 14 feet in height clearance.
I C. If such space occupies any part of any required yard
lor court spaces, it may not be located closer than 50 feet to
iany lot in any R zone, unless enclosed by a masonry wall
Inot less than eight feet in height. (Ord. 121291,1969;
I prior code ~ 33.802).
I
,
119.62.150 Residential parking - Front setback
,restrictions - Generally.
: No required parking spaces or required maneuvering
larea may be located in the front or exterior setback area
j(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
iSide yard. (Ord. 2176 S 6,1986; Ord. 1356 S 1, 1971; Ord.
121231,1969; priorcode333.803(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
maryl
Page 97
EXHIBIT A
'purposes, may be measured from the back of the sidewalk.
'(Ord. 1356 S 1, 1971; Ord. 1212 ~ 1, 1969; prior code
~ 33.803(6))
,
'19.62.170 Residential parking - Two-car garage
requirelpent -Intent and purpose.
. It is the intent of this secuon 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, a two-car
!enclosed garage containing a minimum of 400 square feet
.and minimum dimension of 20 feel. The purpose of said
; requirement is to provide adequate off-street parking 50 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
i 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
1~1, 1986; Ord. 135631,1971; Ord. 1212 ~ 1, 1969; prior
icode 9 33.803(C)(1)).
i
i 19.62.180 Residential parking - Two-car garage
: requirement - Garage setbacks.
i 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
I carport in the case of a driveway approximately
I perpendicular to the front property line. Any garage that
i has its access from an alley shall be located 25 feet from
ithe opposite side of the alley with a minimum setback of
,five feet from the alley. (Ord. 1356 9 1, 1971; Ord. 1212
[S 1,1969; prior code 9 33.803(C)(2)).
i
[19.62.190 Residential parking - Procedure for conversion
,to living purposes - Approval required.
, Prior to the issuance of a building penmit for the
i conversion of any existing garage or carport for living
. purposes, the property owner desirtng 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
;this chapter will not satisfy the parking requirements.
i 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
! ~1i:lRRing department for approval bv the zoninq
'administrator to insure that the conversion is compatible in
,
idesign and materials with the existing dwelling. Plans for
: garage conversions shall show either.
. 1. The exterior of the garage unchanged; or
04/14/20100: 12912010
4-104
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. 135691, 1971; Ord. 12129 1, 1969; prior code
i~ 33.803 (C)(3)).
19.62.200 Enforcement of this chapter.
The development services ~IGnRiR~ aRS s~iISin~
I director, code enforcement officers and other employees
designated by the develooment services~laRniR~ aRS
'b~iISin~ 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
'91,1998, Ord. 2176 ~ 7,1986).
Sections;
;:~~~~'~
~lmICONFORMING USES
19.134910
1994929
199~9.9
19.6~.0~0
19.949.0
19.61.9139
1994070
1ge1.9g9
1 9.e~9g9
19.e~119
1ge~12g
19.e~.1.0
19.61140
19.134. H;O
19.e~.1..
DaclaratioR sf ~alicy.
ContiR~Gnce at exlstln~ usas.
CQFR~letioR of censtruction etarted
~riar ts certGin date.
Exlstin~ conditional ~ses ta sa
considerad noncsnlorming wAeR.
Enlargoment, oxtension or
recengtrYcti9A J3raJ:\isit8s
~xceptiens.
S~Bstitution or extension restrictiGA&
CessGtien ef ~se de~nea Time
Iiffii\s.,
Usee ""ejoct to mandatsry
disseRtin1d:mcc.
Tir=AiA~ Qf 9iSE9AtiR6I2F1E9 GSFlsr311y.
Di!:cantir:u::l3Af:9 9f &trblGtwres h3"in~
certain re~laceR'\ent \'alue ro~~irea
Time limit.
ReR'\9val of otAer uees ana structurec
raq~ired Ne@catigR Time
Iiffii\s.,
UseE: not cenforming to porformance
ctaRdaras Tima liinil ler
s'aAferm3ne:s.
1~lse~ '.\'ithsl::Jt cQRaitie~:31 \:J~e [39rmit
Sf ~bll3jcet te roncc mqYirsFJ::\snts:
TiFR9 limit f.er E:9Afsffil3ACS.
~Jsnre€i8eAti31 E:tA.:lE:tyro&
Re~lacamanl restrictiens.
Rasiaontlal Replacement ~ermilted.
Page 98_
mar,t
EXHIBIT A
19.e11eO
19:e1~
19811g0
l1eai~cation of ~ro\'isiens ~ermitted
ReOi1ilW Glteration ~ermitted wAon.
Yrs:es I1Gt c:gnf8f.'Ff.1ir-19 to S9tS3Gk or
hoighl feq"irementc !',llerotion or
enlafget+J9RI ~ermittes 'Nnen.
R8EiSnE:tr6l8ti9r-1 !3ermitc
i '19.e~ 19Q
19.61.010 CeGlaratieR sf pelicy.
Man} nonconforming uses witnin the city are
aetfiffiontal to IAe er~arly Sa"ela~FRORt sf tAe cily ana
3SVerEie to the gOrl8F31 "'clfare 9f parseRs 3nd
~reperty, iR tAal "alo RORcenlormi"~ usee constitute a
s~ecial bORO~t or mORe~oly. I~ conformanGe witl1
90ea zoning practices. it is IAe ~8licy of tAe cirl that
I1GACeAformiA€1 bJE:S& SR31l Be e!imiA3teGl 3~ seeR 35: it
is economiGGJly leasiBle ana eq~ilaBla to ao so. (Or9.
1212 ~ 1, 1ge9; priorcsElo 'j :J..11Q1 (.^.)).
19.61.020 Conlinll3nGe of existing IIGes.
E'(Qe~t ec AemiRaltor s~eci~eS, any use, Builaing
or str~cture e"i.IIR~ ac of _"I;' e, 1ge9, FRay bo
cQRtimJOs, eveR tRebl~1:1 El.IGh blEar BlJilding or
str~cltJre may Rot cenlerFR '.'iiIA tAa provisions
cantainee Aerein for Ihe ZORO in ,"hioA it is leGatee;
~ro'liSaS, howevor, that this section Sses not a~ply ~9
any ~ce, euildin9 or struGlu"" estaBlIsAea in vielation
sf 3r:1Y zoniA9 grair13ASe I3reviet:l~I~' iF!. ef:fest iF! Chl::i!3
ViSt3, 6IRJes~ s3ia usa, lauilElin!3 sr structuro n9'.\'
conformc ",itA tAe pfo"isians Aorein.
",,,.ept as olher."ice ~ro"iaea by I~',V, ROtl1in~ in
tAis titlo shall prevenl the strongtheni~g or rost"ring to
a safe se~Sitjon of any ~art af any B~ilaio~ or
str~ct~re declare~ "nsalo BY proper a"tAority (Ord.
1212 ~ 1, 1ge9; prior caee 'j ...1101 (B)).
19.64,030 C9"'pletion of G9RstruGtien started
prier te serbiA date.
.^, B~iloing, str~d~ro or ~art tAereof wAich Soes not
~s"feFFR to the reg"latians ler IRe zene in whlc" it ie
SitblStS8, law! for '::hic" 3 9l:1i!ding f}errnit '1'86: ilS€:1.Jod
ana Gg"slr~stion started ~ri9r to July g, 19139, may be
~gm~lsteS in accerdan~e '.\'iIA cucn ~lan6, pre\'iSing
the worl< is ~f9seG~tea cantin"o"sly ana witAo~t
dolGY. S~ch Builain9 shall Be eeeFReEl to BO a
RORconmrmin9 "ce ana sAall tl'erealter Be c~Bjecl to
Ihe reg~IGIions col Iertl1 herein. (Ora. 1212 3 1, 1ge9;
prior C009 ~ n 1101 (C)).
19.&4.040 Existing Gonditi9Ral wese to be
s9nsilOilerea R9n~QRfQr-miRg WRen.
Any ~S9 legally existi"g as of J~ly g, 1ge9, wI1iGA is
listes GC a conoilia~al ~se in tAa ~eRe wherein
10Gated, sAallea anS romai~ a no"confermiRg ~so
until a oOnEiitioRal ~so ~eft+Jit is oBtained GO pre>lided
04/14/201003/29/2010
4-105
in thiG title. (Oro. 12123 1, 19,,9; prier eeoe
3 :...1101(D)).
19,6~.Q5Q ERlargemeAt, exteAsi9R 9r
r"'G9RstrYGtieR pr9hillited EXGepti9Rs.
A naRgenlerming ~Ge Ghall Rot be enlargeo,
extenoeo, recanstr"Gted, substituteo or Gtr"Gturally
altered, exse~I In ssnlermity with the order af a aul,'
conGtit~teo a"tharity, ~nless tRe use is GRangeo Ie a
~se ~effRiltea iR the ZORe in WRigh G~Gh b~ilain~ er
~rsmlses is lacaleo, and eXGe~I as 6el fertR in CVMC
HI.6~.0691Rreu!lR 196~1g9. (Oro.1212 31,1969;
~Rar Gese 3 <13.1192).
19.&1 OGO iubs:titutien or extemsieR res:trictienE>.
A. \^/hc3R 3b1tl:1srilst:1 if.! 3f:G9F93r::lG;6 'A'ith the
f)FGvisiem: l:1ereiA, 3 Aeneenfor:ming IJSC whish ic
EteteFFl=lir:1S8 ey tho commitcion to be ef tAg S3mc Sf 3
mere aeGirable nat~re may be sutJstitutea far 3nather
neRGenformin~ use.
Q. \/\Q:'\9A9"er 3 r:\9A~enfQr:miA~ 6Ise 1=135: eeeF!
ghan~eo to a Ganfermin~ ~Ge, G~Gh ~Ge Ghall Rat be
ahaRgeo ta a nonGonferming ~Ge thereaf.ter.
C. 'AlheR 8l:.:thQrizeEi BY tt:le cammiEsisR, in
aSGartJance wilR Ihe ~ra\'i5ian6 RereiR, a suilaing
oevetea to a RenGenfarming use may be enlargeo or
caFA~leteo u~aR the same lat ar ~arGel where SUGh
sSPRl3letisR is. necess:lr''; 3RS inciEl8At31 te its. bl68.
(Oro. 1212!j1, 1969; prior GaGe 3 d:J.1192{.^,)).
19.&4 070 Cessati9A af wse d.fiRed Time limits.
,., use shall be oeemea la have geaseG wheA it Ras
l3eeR oisaeRtin~eo either tem~orarily ar ~ermanently,
wAslAer wltA Ine iAIent te asaAoeA said UGe er Rot
.'1.. Cessation of UGe of guildlAg DeslgReo fer
NORGaAfoem;ng Use. ^ building or str~sture "'AiGR
was arigiRally 8esi~Ae(j for a AeAGsRlor",ing use shall
nat be ~ut te a nonconfer"';Rg use agaiA WRen such
use has seaseo 12 manths ar FAere.
B. CessatisR 01 Use of guilding Not DesigAeo lar
~Je~s9r:1ferr:T-liA!3 Use. .^, e~ilaiA!3 er E:\r1:IGtblm 'vhieh
was Rat arigiRally aesignea for a nOAsanlorming use
shall Rat se ~ut te a noncoAforming use agaiR '"'hen
SUGA use has seaseo lor six months or mere.
C. CesGation of Use af ~JanGaAfermiRg /Jse af
Lano. ,^, naAconformin~ ~se af lano, Rot In'"olviAg any
b~iIGin~ or structure, exse~t miner GtRJGt~res S~CR as
feACeG, slgnG anG suil8iRgs less tRan ~99 souare feet
In area. Ghall not be resuFAoo when SUGR ~Ge Aas
s"ased f{)r six manths ar FAore. (Ord 1212 3 1, 19€i9;
~rler S08e ~ n 11Q2(g))
19.6~.g8g Uses swlJjeGt ta m.lRdatory
di&~gF1tiRw3Rse.
The fello"'iRg AancanlorFAing uses are Illegal aAG
shall ~e aisGantin~e8 in Chula Vista alter the ~seRoI
ecaAaFAig 'al~e af the ~rinGI~al struetures ~sed in
marvl
Page 99_
EXHIBIT A
saio ~sos has boen reallzeo by the a"..necs af S~Gh
struvturm::
.^.. .^,II noncoAlorm'ng signs, billbeanJs or
Gammer-cial 30"ertisinQ structures;
g. !\1I nanGoAlorming USeG In'o'el':ing no slruGt~rc or
strustureG af aR ascessod value af $509.90 or lesG;
C. \;Ise ~ormlttetJ iA aR I R or I L or I ZORe wAeA
AenGonformin!3 iA aI:'JY C ~J zona;
D. NORgOnlarming resloeRtial USGS legated in an I
R, I L er I zone. (Ord nae 31,1971; Ord. 121231,
1969; ~r-ior Gode 3 d:J1192(C))
19.61.090 TimiR!! ef aissoRliRw3Rse GeRerally.
Fer EletermiA3tierl sf tho timo WhOA sblch uccs A'=1IJGt
se 8iGGaRIiAUe8, Ihe fellaw;n~ leGis aA8 ~raGeoures
are estatJlishod, as set forth in CVMC 19.8111 9
tRrough 19.6~.169. (Oro 129531, 197Q; Or9. 1212:;
1,1969; wier Godo3 dd.11Q2(D)).
19.61,11 Q DisGaRtiRIlaRGe 9f 51rwelwres haviRg
serbin replaGe~eRt HalLIe required Time limit.
Nanson/armiAg struGluros Ra'o'iAg a ~ermit "al~e, er
by aA appraiGal maGe b;' toe builoiRg ins~octar, of
$.99.90 or loss, s"all s~ "salog iR Ihree yea", Ir{)r11
gale 01 RotifieatioA. (OrG. 121231, 1969; prior Gage
3 JJ.11 92(D)(2)).
19.&4.120 Remo'''31 gf gther W5e5 aR8 GtrwGIIlre&
requireg NotificatiaR Time limits.
,^.. Everj nonconforming bYildiAg in any 01 the R
zenos, exce~t resiGentlal sulIG;ngs, elwreneG aAtJ
sGRoals, which nonconforming suilding was oesigRea
ar iRtended for a ~se Aat ~ermitteo in toe R 2aRe iR
v:Rich It is locateo, shall se GaFAplelely r"FAeveo er
altereg to str~Gtur3l1y conlorm to the U50S ~ermitled in
the zane iR v'high it is loc3teo, and the ~se al Guch
s~ilaing Ghall ~e Ghan~eg to GenferFA witl1 the yses
f]crA=1ittod in the zone in whiGh it is les3tea "'itt:1iF\ tRe
times s~eeifieo iR this sRa~ter, u~eR Retiee fram the
~13nAiR!3 r:;gmrniSlSi0R, '''!=list=! tiFRe is me3&lJr99 fram
the ~ate of construction, or from tRe ~ate af the last
traRsfer aftitle ~r;or te J"ly 8, 19€i9, whisRe'"er is the
Ies&eh
8. The ~rov;sions of th.s "Aa~Ier sRall alco ap~ly to
everj AonGonferming building or ~o:e in IAe iAGyo:trlal
zaRes which is uGeo lor, or oevateo ta, aAY resioeRlial
pYr~asa; Ras~italG (e"ee~t e...ergeRsy ha€~itals);
hGtele; institl:lti9AS or homes fer the treatment of
con'..alegSeRt ~ersens, alcoholics, tAe "aungeo or
mont311~' iR~r~; Jg9Ejingneblses; scheols: tr3ilers l::JseEl
lor Ru",an habitatioA ar trailer eaFA~s: ano whiGR
naRGenlarmiRg builEliRg was desi@Aea or iRteRees for
3 use ReI ~ermi!tea in IRe I ZGRe in '.','/:1is/:1 il is leGJlea.
C. In Ra Gaee where the ~re~erty iG impmved by
struGt~reG ro~~iriAg a builelng ~ermit sRal1 this ~erieo
of time be leo:s than 19 years from date ef RetilieatiaR
by the ~laRRInQ cemmisslen, eXGe~t as ~ra"ioes in
subsection (C)(1) af this seetion. .^,s U5e8 In thic
04/14/201003/29/2010
4-106
seclion, the aesi~nalions "Ty~e I b~ilain~," "Ty~e II
b~ilaing," "Type III b.iIiJing," "Ty~e 1'Il3uilaiAg," ans
"Type V builsin~" 3re emplol'es 3S aofinos in the
b.ilain~ caae:
1. Where property is .Airnwove61 ar is
oGG.pied by strucl~reE ef a type fer "'hich the b~ilaing
coae daes Aat re~~ire a B.ilsin~ perA'1il, ar aAY trailer
park, five years after reGei~t af Ra@catieR from tho
planAin~ safRFnission;
2. Type 1'1 ar Type V b~ildings (Ii~ht
incamb.E:tible fr3me an61 '.voaa frame), Hi yearE:;
~. Type I, Type II er Type III b~il61ings (fire
re~iE:t3A~, 6raiA3r/ FR3E:Smy or hC3")' tirnbor
COAsI".ctiaA), 2a years.
O. Where mare IhaA ane type of l3"ilaing Ras beon
constructos aA tRe ~roperty and s.ch 13.lIaings are
.sea as a ~aFt af tRe l3.siAess caRa.ctea aR the
preperty. the leAgest porie61 ef lifRe perrnitto61l3eforo
~eFneval is r.e~"ire61 fer aAY such b""61in~ l3y the
pr.e'lisioAS of this chapler shall apply ta all s.sh
l3uilsings.
". WAore builain~s ha'le l3eeA conE:tr~ctea an Ihe
property at silferent limes, ans "'here Ihe aB3tafRent
periaa i. measu~od by tho aate ef conE:tr~clieA, Iho
61ate of rema"al shall 130 meas~re61 fram Ihe aate of
the caAstructian ef tRe Building A'1ast receAtly
eeAslr~etoa. (Qra 1212!! 1. 1 969; ~ri"r eede
3 dJ.11 02(D)(~))
19.&4.130 Uses Aat GaAformiAg ta peFfe....aAce
staAuareE: Time limit fef c9Af.grmaAce.
1\11 ~ses nOAsQ~larming as of Jull' 8, 19139, by
reason of naneamplianee with performance staAsards
estalolioho61hereiA, .Rall adopt A'1eas.reo noces.ap;
la aOAlorA'1 therewith wilRin fivo years of ".Iy 8,19139.
(Or-9 121231, 19139; ~rior ee61e 3 U1102(0)(1)).
19.&4.11Q '..Ise" witRaut caAditiaAal u"e parmit ar
subject ta feAce requiremeAts Time limit far
canfarmaAGe.
.^.AY "58 IRat Is nat cend.Gted 'Ni<ally witRiA an
eAclos8a b"il61ing as ~e~~irea Aerei~ a~61 any use tRat
has fe~sing requiremeAts 51010111 be caAsia8ro61
naneanlerrning if E:aid "58 has Aot cam~lie61 to the
re~~iremonts af a~~lyiAg far a sandltioAal use ~ermit
ar sanfarrne61 to the IeAcing reg~iatianG as Aoti~ea
witRiA oAe yoar af notifications ana shall Be abated in
thmo years frBm tRe dale of natifiaation. (Or61. 12a13
31, 1971; O~d. 121231, 1969; ~riarco61e
3 n.11Q2(D)(a)).
19.&4.150 NaAresilleAtial structures
ReplacemeAt restristlaAs.
^n~' ROAmsiGier::ltial Rer::lcGnk1rming 9l::Ji!ding
damaged mare tRaA 139 percent of its '/31.e. ::ls
establisl1ed by the director af ~Ia~~ing aA61 buildiAg.
3t the lime of daA'1age by fire. e)(plosion, wiAa,
earth~uako, war, riet, or atAer calamit; er act of Gaa,
marvl
Page 100_
EXHIBIT A
I sl1all Aet be re.tore61 or reeon!:tructoG and .seG 06 I
i bofom s~Ghha~~eAin~; but if loso th::ln 139 ~eroeAt
I aa"'aged, it "'aI' Ioe resterod, reoon.trueled or "sed
3S Beforo; proviaed. tRat such l3e initiated '.'Iitl1ln SiX
manths (lAa be substBAti::lIlI' som~Iete61 wit~in 12
mentl1s of suoh begiRning. (Ord 2799. 1999; Ord.
27603 1, 1998; Ord. 27Q8, 199:; Ors. 2.99 3 2, I
1901; Ora. 1~a9 3 " 1971; Oro. 121231, "999; p"ior !
codo 322.1102(0)(13))
,
19.&4.155 Re"illential Re~laGemeAt pe'milted.
.'.ny msi61ential un't '::Risl1 was legally eonslruetod
and ie AonCOAforfRiRg witR res~oct 10 the Gurrent
zoning aAs/or 61MSlt,' of IRe pro~erty !:hall be 3110'::8d I
to be reconstructe61 iA the e' 'eAt of any damag8 or I
destr~ctioA at tRe existing residential iA'1~re"eA'1onts
as 610finea iA CVMC 19131.1aO; ~rs"i61ed, ~"CR be
initiated withi" six fRontRs aA61 be s.I3GtaAtia'ly
cem~lete<:1 ,,:ithiA 12 menths af s~eh R::lppeR'n~. This
allowanse shall not ap~I, Ie ind~strial zeAed ;
prs!3ortics. ~aiEt reconstrbletieR Sh3J1 meet 311
a~~lieabI9 cose ~e~"immeAts iR plaee 3t the time ef
recanstrueUaR an61 shall Aat l3e Built be)'8As the
exi~lin~ B.ilaiRg lootwin!. (Ord. 2:98, 199:; Ord.
2a993 2, 1991)
19.&4.1&0 MadificatiaA at pfG'IisiaAG ~e....itted
wAeIh I
RequiremeRls proRibitiAg restoralioR ar
reS9A~trw::tieA Elr re~bljriFl!3 dis!;';ontinl:J:J.r:1Go of
Aenoen/orA'1iAg ~Ges A'1a;' Be fRadifies 13, tRe ~laAAiAg
eomfRissien for 9'/:0IliRgs lecatod iA aAY R zene er fer
buil61iAgs AeReeAr-orA'1iAg snly en tRe basiE: of yard er
heigRtre~~ir-oA'1eAts. (Ord.13a9 31, 1971; Ora. 1212
3 1, 19139; ~rier coae 3 :n.11Q2(D)(7)).
19.&1.170 Repair ar alteratiaA permitted wheA.
Sush repairs aA61 maintoRanc8 werk as req"iroe Ie ,
kee~ it in seHA61 cen61ilion mal' be mas8 te a ,
,
noneeRformin~ b"ilding er str.cture; ~re'li61es. AS I
structural ::lltoratieRS 5Rall 130 made e)(Ge~t sucR as
are ro~"ire61 13, law or ordiReRse or ::l~tharize9 a.
permitte61herein by tl19 zanlRg admiRiGtrato~. (Ord.
1~ae!! 1, 1971; Ord.1212 31, 1969; ~riorcodo
3 2..1192(,,)(1))
19.&4.180 Uses Aal caAfarmiAg ta setback ar
lIeigRt r8~uirements .".Iteration or aRla'gement
permitted '/JRen.
.^ AY strHGt~re IRat is neAeonfs'fRiAg because ef
setBack or heiiOht rsq"iroments FAa\, ee .lte"9a ana/or
9nlari/od 9\, appreval af the zonin~ a61miAistr3tar SA
ti=la ~:Jsis tf:l::Jt SUCR JlterJ.tioA :/r:1s'er 8Alargjemont
shall cORferm 10 the mgulatioR. hereiA except as
~rGvideaforin CVMC 1922.1:9. (Ord 271132,
1997; Ord. 1.al3 31, 1971; Or<:1. 121231, 1099; ~rier
code 3 U11G2(E)(2)).
,
4-107
04/14/20100: 129'~010
EXHIBIT A I
I 1964.050 Previous Iv conformino use - Exoansion
19.' t1iJ1fRUJJ::f,gU1&!im!t.I'!-lI'. hgLJr~m"Gd to 3110'.1' - Conformance to performance
lor the rooon~truotion of a nonro.idential standards.
VlenG8nf0rming strbJ~tl::lr9 ir:1 the e'/oAt tl=l3t sldEh i 19.64.060 Previouslv conformina use - Exoansion
builsing has "e8A sa"'ages er se~tmJ'ea by fire, of Approval Process.
ox~19sion, or act of God. Said ~errnlt 0101311 allow for 19.64070 Previouslv conformlna use - Outdoor
roconstruction cOA~istent with t"'e original " uses subiect to fence requirements -
Gonfiguration of tce ""ilsing 'Nith the m'Ge~tion t"'at "0 Time limit for conformance.
rOQSr1strwotjGA GaR tahe plbc() 'Nitt:Jir1 tRG eity'c S6Irrent 19.64080 Previouslv conformino use -
right of way. The zoniAg administrator, in aGo9faanee Abandonment.
wit'" CVMC 19.1 U 89 an. fallowing a natiGea ~ubliG 19.64.090 Previouslv conformina structure -
hearing, m3Y a~pro\'e a reGonstruGtion permit Bases Continuation - Generallv
upon the fellowing findingS' 19.64.100 Previouslv conformina structure -
.^,. The nOAGoRfermity of jAe Builsing was not Continuation Construction started
Gauses "y oA,' aGtion ef the "uilsiAg o\"ner. prior to reoulation chanae.
R The gran~ng of the reconstruolioR permit will not 19.64.110 Previous Iv conformlno structure -
Gause the fOGonstruction of a Bcilaing "'ith a Expansion alteration repair. or
RGAGGlFlfermjpj "'Rish it: gr "'ill tie m~tori31ly replacement. Generallv.
aetnmental sr iAjUriOUS te tAo ReighlJorheoa er ~ublic 1964.120 Previouslv conformina structure -
welfare "OI<9a u~on facters iAcludiAg, but net limitea Excansion or alteration Setbacks and
to, p3rking, tr3ffic, r:\9i5:e, 3m:! inC9FAf3C1tisle 13nd uccc heioht
in tAe immediate surrounding arca. 19.64.130 Previouslv conformino structure -
C. The reconstructioA aees Ret e"ceed the e"isting EXDansion of - ADoroval Process
n9n~enforFFljPj. 19.64.140 Previous Iv conformina structure -
D. There are speoitie .ite eonstr3iRts a~esting tho I Repair.
property which weula make conformanse with curroRt , 19.64.150 Previouslv conformina structure -
I ReD[acement Residential.
zoning fegul:JtioAS 3A fdAEhJO h:lrdd\ip ::u:)g 8!w1reOA 9R I
the ~re~ert)' eWner. SUGA site con.traints iAclude, but 19.64.160 PreviouslY conforminq structure -
are Ret limited 10, facte,," .ucA as minimal stmet Replacement - Nonresidential.
front3ge ef limited '/chicbll3r 9EGeSS t9 the cito. 1964.170 Previouslv conformina structure -
... TAe RonGeAfGrmit'l all owes BY tAo permit shall Reolacement - Conditions of.
enly a~~ly te its GUrreRt use, Saie rcoenstruction 1964.180 PreviouslY conformino structure -
permit shall "0 senditlsAoa iA that any now , Reconstruction permit - General.
S9F1Etrl:l.ctigr:1. I':r:161Et moat CI.IITent bblilEfing :]P\9 fire 1964.190 Previouslv conformina structures -
Goaes ana Aot Be ~ermitle<J Vllthin tAe oily ri~ht of Reconstruction permit - Findinos.
Vlay. Tho airootor of planniAg ana Builaing "'a1 "'Olive 19.64.200 Previouslv conformino structure -
sertain. etl~er SblFrent da"eJeplment st3Aa::m;ls irH,:lldejA~ Reconstruction Dermit Conditions.
builaiAg setBacks ana land~o3ping regulations Bas9a 19.64.210 Previouslv conformino structure -
UpOR A"rdship 3nd upon tho finaing thoy will net Replacement - Modification of
causa 3 detrimeAtal impaot te IAe 6yrreunaing :!rea. provisions permitted when.
(Ora. 27€iQ 3 2, 1999). 19.64.220 Previousiv conformino structure -
Abandonment.
1964010 Purpose and Intent.
It is the oeneral oolicv of the citv to ensure that I
ChaDter 19.64 uses and structu res that do not conform with existina
PREVIOUSLY CONFORMING USES reoulations, either be brouoht into compliance with such
AND STRUCTURES reoulations, discontinued or removed. The purpose of this I
section is to provide certain limited exceptions to the I
Sections: qeneral policv for those uses and structures that were I
1964.010 Puroose and Intent. established and/or constructed in compliance with all
1964.020 Definitions. applicable reou lat;ons at the time of development and
19.64.030 Previouslv conforminq use - which are compatible with surroundino development
Continuation of. Generally. aithouoh thev do not conform with existino reoulations.
19.64.040 Previouslv conformino use - Expansion
of - Generallv. 1964020 Definitions.
Whenever anv words or phrases used In this
chapter are not defined herein but are defined in other
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4-108
sections of the city of Chula Vista's Municipal Code or in
the certified local coastal prooram of the city such
definitions shall be incorporated herein and shall applv to
such words or chrases used herein as thouah set forth fullv
herein. unless context clearlv indicates a contrarv intention.
A. uDevelooment" means the uses to which land is
put. the buildinas constructed thereon and aU alterations of
the uses, land and construction incident thereto.
B. "Previouslv conformina structure" means any
structure existino as of Julv 8 1969. any structure on
property annexed into the City after such date and that was
established in compliance with the applicable reoulations at
the time of its construction or any structure that was
established in compliance with the applicable reoulations at
the time of its construction which based on chanoes in
zonina or annexation into the city no lonoer complies with
zonino reoulations.
C. uPreviouslv conformina use" means any use on
a property existino as of Julv 8, 1969 any use on a
property annexed into the city after such date which was
established in compliance with applicable reoulations at the
time of Its initiation or any use on a property established in
compliance with applicable reoulations at the time of its
initiation which based on subse~uent chanoes in zonino
no lonoer complies with zonino reoulations.
19.64.030 Previouslv conformino use
Continuation of - Generallv.
Except as hereinafter specified a previously
conformino use may continue onlv if the foilowino
conditions are satisfied:
A. The city determines that the continuation of the
previouslv conformino use does not endanoer the health.
safety or oeneral welfare of the public.
B. The use has not been abandoned pursuant to
section 19.64.080
C. The owner or person claimino previouslv
conformino status provides the director of development
services sufficient documentation supportino a claim that
the use is previouslv conformino.
D. The use has not been brouoht into conformance
with existina zonina reauiations.
1964.040 Previouslv conformino use - Expansion of
- Generailv.
A previouslv conformina use may be excanded if
specific findinos are made bv the Zonino Administrator that
indicate the previouslv conformino use represents a lono-
term or traditional use of the site and is cpmpatible with the
surroundino area.
19.64.050 Previouslv conformino uses - Expansion -
Conformance to performance standards.
If a previouslv conformino use is permitted to
expand measures shall be adopted as necessary to
marv 1
Page 102
EXHIBIT A
conform with the applicable performance standards as set
forth in CVMC Section 19.66.
19.64.060 Previouslv conformino use - EXDansion of
- Approval Process
. The approval process for expansion of a previouslv
conformina use shall be Dursuant to CVMC Sections
19.14.030 or 19.14.040 as apPlicable.
19.64070
subiect to
conformance.
Anv previouslv conformino use that is conducted
outdoors but is reauired to be conducted whollv within an
enclosed bui!dina or screened from public view as reauired
in the zone. shall be required tp obtain site plan and
architectural approval pursuant to CVMC 19.14 follow/no
notification bv the appropriate authontv. Otherwise said
use shall be abated within sixty days from the date of
notification.
Previouslv conformino use - Outdoor uses
fence requirements - Time limit for
19.64.080 Previouslv conformino use
Abandonment.
A previouslv conformino use shall be deemed
abandoned if such use has not been In use or operation or
has ceased for 12 consecutive months. If the previouslv
conformino use has been discontinued for the purpose of
repair remodelino. ol"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 durine the Deriod of
repair remodelino or reconstruction. crovided the work is
conducted diiioentlv to completion.
The Director of Development Services may extend
for no lonoer than six months. the period of abandonment
identified in section 19.64.080 due to demonstrated
overridino economic hardship durino periods of reoional
economic distress.
19.64.090 Previouslv conformino structure
Continuation - Generallv.
Except as hereinafter specified. a previous Iv
conformino structure may continue subiect to the
conditions herein provided all of the followinq conditions
are satisfied:
A The city determines that the continuation of the
previouslv conformina structure does not endanoer the
health safety. or oeneral welfare of the public.
S. The structure has not been abandoned
pursuant to section 19.64.220
C. The owner or person claimino previously
conformino status provides the director of development
services sufficient documentation support/no a claim that
the structure is previpuslv conformino
D. The structure has not been brouoht into
conformance with eXlstino zonino reoulations.
04/14/201003''''91::010
4-109
19.64.100 Previouslv conformino structure
Continuation - Construction started prior to reoulation
chanoe.
A buildino structure or part thereof for which
construction has beoun prior to a chanqe in requlations
which chanoe would make the structure once completed a
nonconformino structure may be completed in accordance
with the approved permit and plans provided the work is
implemented continuouslv and without delav. Such
structure shall be deemed to be a previouslv conforminq
structure and shall thereafter be subiect to the reoulations
set forth herein.
19.64.110 Previouslv confonmino structure
Expansion. alteration. repair, or replacement - Generallv.
A previous Iv conformino structure may be
expanded altered. repaired. or replaced in the manner and
subiect to conditions provided for herein
19.64.120 Previouslv cpnforminq structure
Expansion or alteration - Setbacks and heiqht.
Anv previouslv confonmino structure that is
nonconformino due solelv to an intrusion into a setback
andlor exceeds heiqht limitations shall be permitted to
exoand provided the expansion does not increase the
intrusion into the setback or the current heiqht of the
structure as shown below. and such expansion complies
with all other provisions of the code.
marvl
Page 103_
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EXHIBIT A
E:<pa~s"'nMa
\
OIi~inal
S"'"""_
Existing
S.."",
...
.i
;
,
!--10'
Currel1tSetbackReglllallon
PropoHdBuO"ng~analn
E:u..~naf'feyjOl.l!lIyConllJr/rrir>q 8'-'1ttng
~"oo'-.~=T'-
::':~:.. -1
I
35'
19.64.130 Previouslv confonminq structure
Exoansion of - Aoproval Process
The approval process for expansion of a previouslV
conformino structure shall be pursuant to CVMC Sections
19.14.582 (A) or (I) as applicable.
19.64.140 Previouslv conformino structure - Repair.
Except as othelWise provided bv law previouslv
confonminq 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 reouired by law or ordinance or
authorized as permitted herein.
19.64.150 Previously conformino structure
Replacement - Residential.
Anv previouslv conformina residential unit incurrina
damaoe bv fire explosion wind earthquake. war. riot. or
other calamitv or act of God may be reconstructed. subiect
to the conditions in Section 19.64.170.
19.64.160 Previously conforminq structure
Replacement - Nonresidential.
A. A previouslv conforminq nonresidential structure
incurrinq damaqe bv fire explosion. wind earthouake. war.
riot. or other calamitv or act of God. which damaoe does
not exceed 60 percent of its value. as established bv the
04/14/201003'29'2010
4-110
EXHIBIT A I
City Manaqer or desiqnee, at the time of damaqe may be
reconstructed subiect to the conditions in Section 19.64.200 Previouslv conforminq structure -
19.64.170. Reconstruction permit - Conditions. Anv
1. NotwithstandinG SectiGn 19.64.160(A) reconstruction permit issued shall require that the structure
reconstruction shall not be permitted in the citv riqht-of- beino reconstructed meet current buildinq codes
way. 19.64.210
Previouslv conformina structure
B. In no event shall a previously conformina Replacement. Modification of provisions oermitted when.
nonresidential structure incurrinq damaqe exceedinq 60 Requirements prohibitinq restoration or
percent of its value, as established bv the City Manaoer or reconstruction or reauirina abandonment of previouslv
desiqnee, at the time of damaqe, be reconstructed or confomninq structures mav be modified for such structures
restored to its condition prior to such damaqe If the previously conformino status is based solelv on vard
and/or helqht requirements
19.64.170 Previously conformina structure The Director of Development Services may waive
Replacement - Conditions of certain other current development standards includina
A In order to reconstruct a previouslv conformlnq buildinq setbacks and landscaoinq requlations based upon
nonresidential structure in accordance with Sections hardship and upon the findinq they will not cause a
19.64.160 buildinq permits must be applied for within 6 detrimental imDact to the surroundina area.
months of the event causinq such destruction, and the
construction must reach substantial completion within two 1964.220 Previous Iv conformina structure
(2) years of the event Said reconstruction shall meet all Abandonment
applicable buildinq code requirements in place at the time A previouslv confomninq structure shall be deemed
of reconstruction and shall not be built beyond the existino abandoned if such structure has not been occupied for 12
buildino footprint consecutive months. If the previouslv conformina structure
B Reconstruction that does not satisfy the has been unoccupied for the purpose of repair, remodelinq,
conditions In Section 19.64.170IA) shall be deemed or reeD nstruction, the maintenance of an active
nonconforminq the permits issued shall be void and such construction permit and a continuance of a Business Tax
construction, if initiated, shall either be abated or brouqht Certificate shall constitute conclusive evidence that such
into compliance with all existinq requlations as of the date structure not been abandoned durinG the period of repair
a new construction oermit is issued_ remodelina or reconstruction orovided the work is
conducted dilieently to comoletion.
19.64.180 Previouslv conformine structure
Reconstrucoon permit - General. The Director of Development Services may extend
Reconstruction of a Dreviouslv conformina for no lonGer than six months the period of abandonment
structure shall reauire the issuance of a reconstruction identified in section 1964.220 due to demonstrated
permit. overridina economic hardship durine periods of reQional
economic distress.
19.64.190 Previousiv conformina structures
Reconstruction permit - Findinqs.
The zonina administrator may aODrove a
reconstruction pemn;t onlv after makinq all of the followina
findinqs:
A. The reconstruction of the previouslv conformina
structure will not be detrimental or iniurious to the
neiqhborhood or public welfare based UDon factors
includine but not limited to parkinq traffic noise. and
incompatible land uses in the immediate surroundinq area.
B. The reconstruction as planned will not increase
the previous Iv conforminq aspect of the oriqinal structure.
C. There are specific site constraints affectinq the
Drooertv which would make conformance with current
zoninq requlations an undue hardship and burden on the
property owner. Such site constraints include, but are not
limited to, minimal street frontaoe or limited vehicular
access to the site.
D. The previously conforminq structure will have
the same use as immediatelv prior to the event causinq the
damaqe to the structure.
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Exhibit B
. CIIMC cHApTER i.55" ADMINfsTRATION;;ndPERSONNEL
2.55.050 Previous Planning Commission functions.
,^,. Le~i.lative ,^,Gti"itie.. in aaaillon to tRe exercise g)' the Planning Commission el aaviso,\,
~ower. ana funotiens witR res~eot te I09i.lati"e aotIO"' "::rthi" its s"gJeot malter jurisaiclion, tl10
corporation sl1all reviow a"a mako reo8mmenaalieA' te tho City Ceuncil en allle9lsl3tl"0 ~Iann.ng
it"m. 10 tho extent that the items relale la tRa.e geagra~hi6 areas el IRe Cit; that the Cily CeenGiJ
designates as Jreas '.VitRi" "'hioR Ihe oerporatieA ha.the a"lhorit)' Ie exorci.e ~Ian"in~ and
rede'/ele~me"t fundiens an8 witl1in IRO U,l3an Core SpeGi~G Plan .'\roa. Thoso a8viser;' powor[
3r:\Q fblnr.::tiom: gt tt:1e r.::erpor3tion Sh3!1 be jn 3dditien 19, aRe! not iA lieu of, tt:1e aff"isor'/ pg'VGrS :lna
fuRGtlens of IRe Plan"ing Commissian ,,'itl1 <c.pect la la~i.lati'/e ~Ianning matters.
AIL Administrative Activities. The corporation shall assume the functions of the Planning
Commission with respect to administra~ve and quasi judicial items that relate to lands or uses
within the geographic areas of the City Ihat the City Council designates as areas within which the
corporation has Ihe authority 10 exercise planning and redevelopment functions. In those cases
where a Droiect straddles areas both within and outside redeveloDment areas Dlannina functions
shall be deferred to the decision makino bodv with the malority of the Droiect area within their
authoritv. Any action by Ihe 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 !i 1, 2005)
~70 PmviBus ResBurce Conservation CBmrni..ian "'nctions.
NotNJithstaRdin~ any ~ravisian af Chapter 2.32 CVMC, the CRula Vi.ta Re8e'/olopment
Car~Bratian .hall car,\, B"t tRe d"tie. of tl1e Roso~rco Consor'atian Cemmi..ien within tha.o
geogra~l1ic aroac of the Cily that the City Co~nsil do.i~netes as areas witl1in ''IRlsl1ll1. CR"la
Vista Raae'lolo~mont C8r~eralion Res the aetherity la ei(erci.e ~Ian"in~ and reae\'ele~"'ent
(~nslionc. (Ord. JQQg 3 1, 2005)
2.J2.1 00 IRR~le"'entation ef rese"rce sa".orvetia" Ga",,";ssian ("nction. in designetes am as BY
CRula Visla rGsavelepmont cer~eratien.
In acca,daAse wilh Chapl!:!r 2.55 C' '''C, and Ret\\'ithslandin~ any pra'lisiaA af Ihis chapter, the
CR~la Vista rede"ele~"'eRt 8er~eration shall oarry eet the 8~tios af the m.e~rGO Gan.ep/ation
cGmmissian within these SGQ~r:1FJt:1j6 8m3€: af tR!3 city th:at tAG city counf:iI 39E:i9n3tOS :1S 3re3E:
wilhin which tha Ch"le 'iete reae'..ele~meRt sorperatien has IRe authority te exerol.e plann;ng
aR8 r.Elo'lolopmont ~.nctions. (Ord JQ09 3 2, 20Qa)
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3/18/10
Title 18
SUBDIVISIONS
Chapters:
18.04 Subdivision Policy and Procedure
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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
CJ'I
Chapter 18.04
SUBDIVISION POLICY AND PROCEDURE"
Sections:
18.04.010 Statutory authority.
18.04.020 Purpose, intent and scope of provisions.
Exhibit C
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 966410; for statutory
authority for cities to regulate division of land which
is not subdivision, see Bus. and Prof. Code
911540.1; for statutory exclusions of land from
subdivision, see Bus. and Prof. Code 9 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
1
subdivision ordinance or other legal authorities
applying to the subdivision ordinance, the LCP shall
control. (Ord. 2100 ~ 1, 1985).
"'"
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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
a>
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. 21 00 ~ 1, 1985; Ord. 1369, 1971;
prior code ~ 28.102).
18.04.040 Criteria for division and development of
land - Adherence to general plan, z.<?ning
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
2
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I
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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
I
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
for a 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 91, 1985;
Ord. 1369, 1971; prior code 9 28.104(3)).
"'"
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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
to the same subject matter, shall be construed as
restatements and continuations thereof and not as
new enactments. (Ord. 2100 91, 1985; Ord. 1369,
1971; prior code 9 28.111 (2)).
co
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.
18.08.170Interested 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 in'dustrial 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
4
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 3 1,
1985; Ord. 1369, 1971; prior code 3 28.103).
18.08.020 Alley.
"Alley" means a street providing oniy secondary
access to abutting property. (Ord. 2100 31, 1985;
Ord. 1369, 1971; prior code 3 28.103).
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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 3 1, 1985;
Ord. 1369,1971; prior code 328.103).
18.08.040 City manager.
"City manager" means the city manager of Chula
Vista or his duly authorized representative. (Ord. 2100
3 1, 1985; Ord. 1369, 1971; prior code 328.103).
18.08.050 Coastal Commission.
"Coastal Commission" means the California Coastal
Commission as defined in Public Resources Code
Section 30105. (Ord. 2100 31,1985).
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. 210031,1985).
18.08.070 Commission.
"Commission" means the Planning Commission of
Chula Vista or the Chula Vista Redevelopment
Corporation in redevelopment areas. (Ord. 2100 3 1,
1985; Ord. 1369, 1971; prior code 3 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 31, 1985; Ord. 1369, 1971; prior code
I
328.103).
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 31,
1985; Ord. 1369, 1971; prior code 3 28.103).
18.08.110 CVMC
"CVMC" shall mean the Chula Vista Municipal
Code.
18.08.120 Director of development services.
5
"Director of development services" means the
director of development services of Chula Vista or his
authorized representative. (Ord. 2100 !i 1, 1985; Ord.
1369,1971; prior code !i 28.103).
18.08.130 City engineer.
"City engineer" means the city engineer of Chula
Vista or his duly authorized representative. (Ord. 2100
!i 1, 1985; Ord. 1369, 1971; prior code !i 28.103).
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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 !i 1, 1985; Ord.
1369,1971; prior code !i 28.103).
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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 !i 1, 1985; Ord. 1369,
1971; prior code !i 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!i 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 !i 28.103).
18.08.210 Map, final.
6
"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 !i 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 9 28.103).
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18.08.230 Map, tentative.
"Tentative map" means a map made for the
purpose of showing the design of a proposed major
subdivision and the existing conditions in and around
it, and need not be based upon a detailed final survey
of the property. (Ord. 2100 91, 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. 210091, 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 Rrepared by the
city engineer and approved by resolution of the city
council. (Ord. 2100 91,1985; 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
7
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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 31,1985; Ord. 1369, 1971;
prior code 3 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 3 1, 1985; Ord. 1369, 1971; prior code
328.103).
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18.08.320 Subdivider's engineer.
"Subdivider's engineer" means any individual or
firm retained by the subdivider, and who is duly
qualified to perform the duties of the engineer of work.
(Ord. 2100 31, 1985; Ord. 1369, 1971; prior code
3 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
anyone 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 hig~way. 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.
8
(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 9 1, 1985; Ord. 1369, 1971; prior code
928.103).
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 91, 1985; Ord. 1369, 1971; prior code
9 28.103).
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18.08.360 Subdivision, minor.
"Minor subdivision" means any Subdivision not
considered a Major Subdivision pursuant to Municipal
Code 18.08.270. .
(Ord. 2100 91, 1985; Ord. 1369, 1971; prior code
928.103).
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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
9 1, 1985; Ord. 1369, 1971; prior code 9 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 Setti~g 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.
9
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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 9 1, 1985;
Ord. 1369, 1971; prior code 928.202).
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.
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18.12.030 Filing - Title report.
Two copies of a preliminary title report on the
property to be subdivided shall accompany the
tentative map.
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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 Califomia.
(Ord. 2100 91, 1985; Ord. 1369, 1971; prior code
928.203).
~----_.-
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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 91, 1985; Ord. 1369, 1971; prior code
928.204).
18.12.070 Processing - Transmission and review
of documents and data.
Within five working days of the filin~ 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 a pre-commission conference on the tentative
map with the subdivider and the committee. (Ord.
10
2100 9 1, 1985; Ord. 1369, 1971; prior code
928.205(1)).
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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 91,
1985; Ord. 1369, 1971; prior code 928.205(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. 210091,1985; Ord. 1369, 1971; prior
code 9 28.205(3)).
11
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
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 9 1, 1984; Ord. 1369, 1971;
prior code 9 28.205(4)).
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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
the meeting date at which the tentative map will be
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
12
hazard area. (Ord. 2100 9 1, 1985; Ord. 2091 9 1,
1984; Ord. 1369, 1971: prior code 9 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 or property, and
such other findings for suspension or \(ariance 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:
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.
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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
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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.
21009 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 procedu,res 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. 210091,1985; Ord. 1369, 1971;
prior code 9 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 3 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
th is 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
14
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as provided in Section 66452.6(e) of the Map act..
(Ord. 2790,1999; Ord. 2100 31,1985; Ord. 2008 ~ 1,
1982; Ord. 1369, 1971; prior code 3 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 oftime.
18.13.010 Authority.
This chapter is enacted pursuant to the authority
granted by Chapter 4.5 (commenci(\g 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."
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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
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 tne 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.
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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 deveiopment 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 wa's 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
"- ---------------------
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 !J 3, 1985).
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C)
18.13.040 Consistency with zoning and general
plan.
No vesting tentative map shall be approved if the
proposed map or the desi9n or improvement of the
proposed development is not consistent with the
applicable general, specific or master plans or with
applicable provisions of CVMC Title ~. If
development of the project for which a vesting
tentative map requires any permits or approvals
pursuant to CVMC Title ~, 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
16
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
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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Sections:
18.16.010 Filing - Fees.
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.
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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
966410.
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.
------~"._-_._.._----~--.-._------~."
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.
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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
map as approved or conditionally.
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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.
18
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
31,1985; Ord. 136932,1971; prior code S 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 3 1, 1985; Ord. 136932, 1971; prior code
328.302(1)).
18.16.090 Filing - Documents required - Grading
plans.
Detailed plans, soil reports, geologic reports and
other data shall be included if reqljired 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 3 1,1985; Ord. 136932,1971;
prior code S 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
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 91,1985; Ord. 136992,1971;
prior code 9 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 91, 1985; Ord.
136992,1971; prior code 9 28.302(4)).
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18.16.120 Filing - Documents required - Report
and guarantee of clear title.
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.
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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 9 1, 1985; Ord. 1391 91, 1972;
Ord. 136992,1971; prior code 9 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 91, 1985; Ord. 136992,
1971; prior code 9 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
9 1, 1985; Ord. 13699 2, 1971: prior code 9 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 3 1, 1985; Ord. 1369 3 2, 1971;
prior code 3 28.307).
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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.
20
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
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.
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18.16.210 Approval- Timeframe.
The director of development services and the city
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.
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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
parties having a record title interest in the land
subdivided, whose signatures are required by the
provisions Map act; otherwise the map 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.
.. -----.--.------..--..---.--- --.--.--.------
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.
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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.
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18.16.270 Abandonment of public easements.
Maps approved by the city engineer with
abandonment certificates by the City clerk pursuant to
Section 66434(g) 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
22
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
Other forms.
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.
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)).
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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
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approved subdivision development. (Ord. 21 00 ~ 1,
1985; Ord. 1369 ~ 2,1971; prior code ~ 28.312(B)).
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.
__,___,__'___'_"_~'_._'______" .__.__._ ....___ _.....n_......_._.
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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.
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18.17.070 Construction prerequisites - Security -
Instruments of credit.
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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
cover the cost of placing lot corners and other related
monuments.
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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.
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18.17.090 Construction prerequisites - Security -
Unapproved plans.
25
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 91,1995; Ord. 2100 91,1985;
Ord. 13699 2, 1971; prior code 9 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
9 1, 1985; Ord. 1369 92, 1971; prior code 9 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 9 1, 1985; Ord.
1369 9 2, 1971; prior code 9 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 penmit 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. 210091,1985; Ord. 136992, 1971; prior code
928.313).
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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 S 1, 1985; Ord. 1369 92, 1971; prior code
S 28.314(1)).
26
18.17.140 Security - Release of surety.
A. Improvement security given for faithful
performance 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
performance 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 maierial 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 91, 1985; Ord. 1369 92, 1971; prior
code 9 28.314(2)).
18.17.150 Security - Forfeiture of surety - Liability
of subdivider when.
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; priorcode~ 28.314(3)).
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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
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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:
18.18.01 OTentative 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.
18.18.110Waiver- 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. 21 00 ~ 1, 1985; Ord.
1369 ~ 2, 1971; prior code ~ 28.401).
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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 applicationshall 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)).
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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;
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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 consi'deration 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; Drd. 1369
~ 2, 1971; prior code ~ 28.403).
18.18.070 Approval - Certification.
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 (965920
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.
"'"
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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
"'"
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29
coastal program. (Ord. 210091,1985; Ord. 136992,
1971; prior code 928.405).
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 91, 1985; Ord. 136992, 1971;
prior code 9 28.406).
18.18.100 Appeal- Modification aut~ority.
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
9 1, 1985; Ord. 136992, 1971; prior code 9 28.407).
-- -..--.-.-.---------.---..-------.
-~---_._-~~-----_._--.--- - -------._----~--- ~--
.----~--------
-.- ------_.----------
.-..---------
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.
18.19.020 Filing and processing.
18.19.030 Rights conferred.
18.19.040 Consistency with zoning and general plan.
"'"
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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.
18.19.010 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 9 3,1985).
Chapter 18.19
VESTING TENTATIVE PARCEL MAPS
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
"'"
"'"
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 9 1, 1985; Ord.
1369, 1971; prior code 9 28.408).
Sections:
18.19.010 Authority.
30
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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
"""
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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 93,
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. 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
---.---------.------ -.---.-----------...------
__. n._'._________ -.-_.....-- -
"'"
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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.
O. 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
various phases of a project covered by a single
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 (0) 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 (0) of this section at any time before the
time period set forth in subsection (0) 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.
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G. If the subdivider submits a complete application
for a building permit during the periods of time set
forth in subsections (0) 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), (0), (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 9 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 .ill. If
development of the project for which a vesting
tentative parcel map requires any permits or
approvals pursuant to CVMC Title .lli, 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
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
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Sections:
18.20.01 OParcel 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.
Approval - Prerequisites - Setting
./>0
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18.20.170
monuments.
18.20.180 Approval - Prerequisites
requirements.
18.20.190 Approval- Authority.
- Additional
33
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.
____n__._~_..._______.__~__ --- .---.-----.~-~.----
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.
"""
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CD
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(i) 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
confonmance 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
34
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.
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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18.20.140 Filing - Documents required - Consent.
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.
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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
35
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
n_"__'_'__~ ------------------------ --
------"--~
._-~-----
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.
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18.20.200 Approval- Certification.
Within 20 days after receiving the parcel map
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.
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---------"."--------
-- -----
---
(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
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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18.20.230 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)).
01
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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;
37
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 664450) 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.
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
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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
determination.
18.24.080 Conditions for approval.
18.24.100 Recordation of deeds required.
en
'"
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 .
32,1971; prior code ~ 28.501).
18.24.020 Applicable when - Scope - Boundary
adjustments - Consolidations.
38
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 91, 1985; Ord.
1540 92, 1974; Ord. 1369, 1971; prior code
928.503(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
39
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, andJhe 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. 210091, 1985; Ord.
1540 92, 1974; Ord. 1369, 1971; prior code
9 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 9 1, 1992; Ord. 2100
91, 1985; Ord. 181291, 1978; Ord. 154092,1974;
Ord. 1369, 1971; prior code 9 28.503(A)(3)).
-~~ -.-..-.---'------'- - '---' --------- ---------.---
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 51,1985;
Ord. 1540 52, 1974; Ord. 1369, 1971; prior code
5 28.503(A)(4)).
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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:
A. Parcel Boundaries. Relocation of lot lines to
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 52, 1974; Ord. 1369, 1971; prior
code 9 28.503(A)(6)).
01
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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 91,1985; Ord. 1540 ~ 2,1974; Ord. 1369,
1971; prior code 9 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
40
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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 9 1, 2000; Ord.
250691,1992; Ord. 2100 91,1985; Ord. 168791,
1976; Ord. 1369, 1971; prior code 9 28.801).
C11
C11
18.28.020 Tentative parcel map fee.
Prior to the submission of a tentative parcel map
with the director of development services for
41
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 9 1,
1992; Ord. 2100 91,1985; Ord. 181291,1978; Ord.
1369, 1971; prior code 9 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) in the amount(s) identified in the master fee
schedule or any amendment thereto. (Ord. 2506 9 1,
1992; Ord. 2134 94,1985; Ord. 2100 91,1985; Ord.
1812 91, 1978; Ord. 1369, 197'1; prior code
9 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 91, 1992; Ord. 2100 91, 1985;
Ord. 1812 91, 1978; Ord. 1369, 1971; prior code
9 28.802(3)).
____..___._.__._._. .________._n_.
------.------------.
---->--
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!i 1,1992; Ord. 2100!i 1,
1985; Ord. 1812 31, 1978; Ord. 1369, 1971; prior
code!i 28.802(4)).
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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
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---_.-_.~
---.--- -.....---------.---. ..-. ..
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. 210031,1985; Ord. 1812!i 1,
1978; Ord. 1534 !i 1, 1974; Ord. 1369, 1971; prior
code 3 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 3 1,1992; Ord. 2100 3 1,1985; Ord.
2011 !i 1, 1982; Ord. 1812 3 1, 1978; Ord. 1369,
1971; prior code 3 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 3 1, 1992; Ord.
210031,1985; Ord. 2011 31, 1982; Ord. 181231,
1978; Ord. 1601 3 1, 1975; Ord. 1369, 1971; prior
code 3 28.802(8)).
42
Chapter 18.32
DESIGN REQUIREMENTS'
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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.
~
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. 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 9 1, 1985; Ord. 1369,
1971; prior code 9 28.901 (1 )).
18.32.020 Lots - To constitute practi.~al 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 9 28.901(2)).
-.-----~.----_..__.-.
--------- --
_____n
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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)).
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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
44
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 and 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
13 1, 1985; Ord. 1582131,1974; Ord. 1369, 1971; prior
code 13 28.902(8)).
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CD
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
45
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, a one-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 bne 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 11 1, 1985; Ord. 1369, 1971; prior
code 11 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
____ _.___________~____-____-._,.__n__---~~--- -------- ------ -.----- ----
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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.
O. 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
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certified local coastal program and shall observe the
principles and standards of subsections (A) through
(0) 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(0)).
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. 21 00 ~ 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 anyone 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 a six-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 anyone 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 91, 1985; Ord. 1369, 1971; prior code.
9 28.902(F)).
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18.32.100 Hillside subdivisions and planned unit
developments.
47
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 9 1,
1985; Ord. 1369, 1971; prior code 9 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 of both, 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
91,1985; Ord. 1369, 1971; prior code 9 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 91, 1985; Ord.
1369, 1971; prior code 9 28.905).
18.32.130 Easements - Width.
-----~----_._---~-_..--
-_._~~-_...
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 S 1, 1985; Ord. 1369, 1971;
prior code S 28.906).
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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.
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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 S 1, 1985; Ord. 1369,
1971; prior code S 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, lP addition, be
consistent with the applicable provisions of the
certified local coastal program. (Ord. 2100 S 1, 1985;
Ord. 1369, 1971; prior code S 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
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49
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
S 1, 1985; Ord. 1369, 1971; prior code S 28.909(B)).
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
.
S 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
__ -0 ___._______________
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______________n_.__"_______ ___._______.--._
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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;
8. 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;
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C. Street name and traffic control signs;
D. Sidewalks, except as provided in CVMC
18.32.090(8);
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. Provisions hall 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
50
subsections (A) through (L) of this section. (Ord. 2100
91,1985; 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 9 1,
1985; Ord. 1369, 1971; prior code 9 28.1002).
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18.36.030 Public utility facilities -Installation time.
All underground facilities including individual lot
services to the property line shall be completed prior
to installation of sidewalk, cross-gutter or street
pavement. (Ord. 2100 91, 1985; Ord. 1369. 1971;
prior code ~ 28.1003).
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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.
51
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
_____.~_______._u~._.___.__'_ ~
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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18.40.020 Prerequisite to approval of final map or
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)).
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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
52
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 9 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 91, 1985; Ord. 1369,
1971; prior code 9 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 9 1, 1985; Ord. 1369, 1971;
prior code 9 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
offer such street for dedication. The widths and
locations of such streets shall be determined by the
city engineer. (Ord. 2100 91,1985; Ord. 1369, 1971;
prior code 9 28.1102(5)).
18.40.070 Rights-of-way in process of
condemnation.
If an easement for a right-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 9 1, 1985; Ord.
1369, 1971; prior code 9 28.1102(6)).
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18.40.080 Access for fire protection required
when.
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 9 1,1985; Ord.
1369, 1971; prior code 9 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 91,
1985; Ord. 1369, 1971; prior code 9 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
53
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 91, 1985;
Ord. 1369, 1971; prior code 9 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 91, 1985; Ord. 1369, 1971; prior code
928.1103(1 )).
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18.40.120 Access right limitations rE/qulred 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 91, 1985; Ord. 1369,
1971; prior code 9 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
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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 !i 1, 1985; Ord. 1369, 1971; prior code
!i 28.1103(3)).
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18.40.140 New subdivisions - Street
continuations.
New subdivisions shall make the provision for the
continuation of existing streets in adjoining or
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 9 1, 1985; Ord. 1369, 1971: prior code
!i 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
54
width. (Ord. 2100 !i 1, 1985; Ord. 1369, 1971; prior
code !i 28.1103(5)).
18.40.160 Halfstreets 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
!i 1, 1985: Ord. 1369, 1971; prior code !i 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!i 1,1985;
Ord. 1369, 1971; prior code !i 28.1103(7)).
18.40.180 Coastal zone - Public sho,reline 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 !i 1, 1985; Ord. 1369, 1971; prior code
!i 28.1103(8)).
Chapter 18.44
COVENANTS, PLANNED
UNIT DEVELOPMENTS AND CONDOMINIUM
SUBDIVISIONS
Sections:
18.44.010 Declaration required - Contents - Scope of
applicability.
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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
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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 9 1, 1985; Ord. 2029 9 1,
1983; Ord. 1487 9 1, 1973; prior code 9 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.
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 3 1,1985; Ord.
1540 32, 1974; Ord. 1369, 1971; prior code
328.601).
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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
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C)
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C. A record of survey recorded prior to August 7,
1955;
D. A licensed surveyor a miscellaneous map
recorded prior to August 4, 1943;
E. Any of the above means combined with a city-
approved and recorded boundary adjustment plat.
(Ord. 2100 31,1985; Ord. 154032,1974; Ord 1369,
1971; prior code 3 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(B)).
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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. 21 00 ~ 1,
1985; Ord. 1540 ~ 2, 1974; Ord. 1369, 1971; prior
code ~ 28.603).
57
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
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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:
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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.
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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 !i 1,
1992; Ord. 2100!i 1,1985; Ord. 154092,1974; Ord.
1369,1971; prior code 9 28.604).
18.48.060 Voidability of deeds or contracts
violating provisions.
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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 91,1985; Ord. 1369, 1971; prior
code !i 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 3 1,
1985; Ord. 1369, 1971; prior code 3 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 31, 1985; Ord. 1369, 1971; prior code
3 28.109(1 )).
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18.48.090 Property outside corporate limits-
Compliance required when.
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 31,1985; Ord. 1369,
1971; prior code 3 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 31,
1985; Ord. 1369, 1971; prior code 3 28.110).
59
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 per,sons 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
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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 !i 1, 1985; Ord. 1369, 1971;
priorcode!i 18.1201).
Chapter 18.54
FLOODPLAIN REGULATIONS
(Recodified as Chapter 14.18 CVMC by Ord. 3097)
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