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Chula Vista Bayfront
Local Coastal Program Amendment
Bayfront Specific Plan
City of Chula Vista, California
Chula Vista Bayfront
Local Coastal Program Amendment
Bayfront Specific Plan
Table of Contents
Chapter 19.81 Bayfront Specific Plan -Scope and Purpose .....................................1
19.81.001 Purpose .............................................................................................. 1
19.81.002 Scope ................................................................................................. 1
19.81.003 Authority .............................................................................................. 5
Chapter 19.82 Bayfront Specific Plan -General Provisions ...................................... 7
19.82.001 Zoning ................................................................................................ 7
19.82.002 Conflicts, Interpretation, and Applicability of Provisions . ..................... 7
19.82.003 Plan Amendment ................................................................................ 7
19.82.004 Incorporation by Reference ................................................................ 7
19.82.005 Issues Not Covered ............................................................................ 8
Chapter 19.83 Bayfront Specific Plan -Coastal Development Permit Procedures..9
19.83.001 Purposes ...................................................................................... ......9
19.83.002 Definitions .................................................................................... ......9
19.83.003 Development Permit Conditions ................................................... ....11
19.83.004 Applicability .................................................................................. ....12
19.83.005 De Minimis Development .............................................................. ....12
19.83.006 Exemptions .................................................................................. ....14
19.83.007 Emergency Development Permit .................................................. ....14
19.83.008 Notice of Appealable Developments ............................................ ....15
19.83.009 Public Hearing on Appealable Developments ............................... ....15
19.83.010 Notice of Local Government Action Where Hearing Continued..... ....16
19.83.011 Notice of Nonappealable Developments that Require a Public
Hearing -Conditional Uses .......................................................... ....16
19.83.012 Public Hearing on Nonappealable Developments -Conditional
Uses ............................................................................................. ....16
19.83.013 Notice of Nonappealable Developments That Do Not Require
a Public Hearing -Permitted Uses ............................................... ....17
19.83.014 Determination of Applicable Notice and Hearing Procedures........ ....17
19.83.015 Finality of City Action .................................................................... ....17
19.83.016 Final City Action -Notice ............................................................. ....18
19.83.017 Failure to Act -Notice .................................................................. ....18
19.83.018 Local Government Action -Effective Date ................................... ....18
19.83.019 Exhaustion of Local Appeals ........................................................ ....19
19.83.020 Appeal Fee ................................................................................... ....19
Chapter 19.84 Bayfront Specific Plan -Land Use Zones .........................................20
19.84.001 Purpose and Scope ........................................................ ..................20
19.84.002 Commercial Zones ......................................................... ..................20
19.84.003 Industrial Zones .............................................................. ..................24
19.84.004 Public/Quasi-Public and Open Space Zones .................. ..................25
19.84.005 Residential Zones ........................................................... ..................26
19.84.006 Circulation and Other Designations ................................ ..................27
City of Chula Vista i April 2010
Bayfront Specific Plan
Chapter 19.85 Bayfront Specific Plan -Development Criteria .................................28
19.85.001 Purpose and Scope ........................................................................ ..28
19.85.002 Permitted Uses ............................................................................... ..28
19.85.003 Development Intensity .................................................................... ..28
19.85.004 Height Regulations ......................................................................... ..29
19.85.005 Sign Regulations ............................................................................ ..31
19.85.006 Form and Appearance .................................................................... .. 33
19.85.007 Infrastructure .................................................................................. 377
19.85.008 Parking Requirements .................................................................... 388
19.85.009 Usable Open Space Standards ...................................................... .. 44
19.85.010 Site Development Standards .......................................................... ..45
19.85.011 Grading and Drainage .................................................................... 466
19.85.012 Special Conditions .......................................................................... ..49
Chapter 19.86 Bayfront Specific Plan -Environmental Management Program.... 522
19.86.001 Purpose and Scope ........................................................................ 522
19.86.002 Resource Elements ........................................................................ 522
19.86.003 Environmental Management Requirements .................................... 533
19.86.004 Parcel Area Specific Environmental Management
Requirements ................................................................................. 533
19.86.005 Environmental Management of Undelineated Resources ............... 533
19.86.006 Additional Diking, Dredging, or Filling of Wetland Areas ................. 533
19.86.007 Water Quality Requirements ........................................................... 544
Chapter 19.87 Bayfront Specific Plan -Infrastructure Financing and Funding
Mechanisms ...................................................................................... 566
19.87.001 Redevelopment Funds ................................................................ ... 566
19.87.002 Community Development Block Grants (CDBG) .......................... ... 577
19.87.003 Business Improvement Districts .................................................. ... 577
19.87.004 Development Impact Fees ........................................................... ... 588
19.87.005 TransNet ..................................................................................... ... 588
19.87.006 Grant Funding ............................................................................. ... 588
19.87.007 General Fund .............................................................................. ..... 59
19.87.008 Other Funding Sources ............................................................... ..... 59
19.87.009 Relation of Funding to Other Bayfront Specific Plan Provisions... .....59
City of Chula Vista ii April 2010
Bayfront Specific Plan
List of Tables
Table 1: Building Height Limits by Parcel Area ........................ ... ........................30
List of Figures
Exhibit 1: Regional Location Map ...................................................................... .............2
Exhibit 2: Coastal Zone Map ............................................................................. .............3
Exhibit 3: Jurisdictional Boundaries ................................................................... .............4
Exhibit 4: LCP Planning Area ............................................................................ .............6
Exhibit 5: Zoning Map ........................................................................................ ...........21
Exhibit 6: Form and Appearance Map ............................................................... ...........34
Exhibit 7a: Circulation Map -Roads and Public Transportation Network ........... ...........38
Exhibit 7b: Circulation Map -Pedestrian Network ........................................ .........39
Exhibit 7c: Circulation Map -Bicycle Network ................................................... ...........40
Exhibit 8: Utilities Systems Map ......................................................................... ...........42
City of Chula Vista iii April 2010
Bayfront Specific Plan
CHAPTER 19.81
BAYFRONT SPECIFIC PLAN -SCOPE
AND PURPOSE
Sections:
19.81.001 Purpose.
19.81.002 Scope.
19.81.003 Authority.
19.81.001 Purpose.
The Chula Vista local coastal program (LCP) implementation program (hereinafter
referred to as the Bayfront Specific Plan) is adopted by City Council Ordinance No.
XX>OCX, to protect and promote the health, safety, morals, peace, comfort, convenience,
prosperity and general welfare. The Bayfront Specific Plan is intended to implement the
Chula Vista General Plan and the Chula Vista LCP Land Use Plan (LUP) and their
goals, objectives, and policies, which are also being implemented by the Bayfront
Redevelopment Plan prepared by the Redevelopment Agency of the City of Chula Vista,
California (Agency) pursuant to the California Community Redevelopment Law (Health
and Safety Code Section 33000, et seq.), the California Constitution, and all applicable
laws and ordinances, and last amended on June 23, 1998 by City Council Ordinance
No. 2734.
19.81.002 Scope.
The Chula Vista Coastal Zone (Coastal Zone) is located in the City of Chula Vista (City)
in San Diego County, California (Exhibit 1). The City is bounded by the Cities of
National City to the north and San Diego and Imperial Beach to the south. The Chula
Vista Bayfront coastal area (Bayfront) is located within the Coastal Zone and
encompasses the coastal lands from the City's northern boundary south to Palomar
Street and west of and including Interstate 5. The Bayfront area also includes two inland
parcels of land located east of I-5, one located on the south of the west end of Faivre
Street and the other located in the northern part of the City. The portion of the Coastal
Zone located south of Palomar Street, known as the West Fairfield Planning Area, is not
included in the Bayfront area (Exhibit 2).
The Bayfront area consists of lands under the jurisdiction of the San Diego Unified Port
District (Port) and lands under the jurisdiction of the City (Exhibit 3). The subject of the
LCP Amendment (Chula Vista LCP Planning Area) is non-Port parcels under the
jurisdiction of the City, including privately owned lands and City-owned lands, within the
Bayfront area. A large block of land located in the northern portion of the Bayfront area
near the Sweetwater Marsh National Wildlife Refuge (LUP Subarea 1, Sweetwater
District), owned by a private entity, was part of a land exchange with the Port for more
developable parcels located in the central portion of the Bayfront area (LUP Subarea 2,
Harbor District) and southern portion of the Bayfront area (LUP Subarea 3, Otay
District). The land exchange included the transfer, after approval of the land exchange
by the California State Lands Commission, of six parcels in the Sweetwater District from
the private owner to the Port in exchange for four parcels in the Harbor District from the
Port to the private owner This land transfer shifted the jurisdiction of the four parcels in
the Harbor from the Port to the City.
City of Chula Vista Chapter 19.81 April 2010
Bayfront Specific Plan 1 of 59
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Exhibit 1
LCP Planning Area
Regional Location
Specific Plan
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Exhibit 2
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The Bayfront Specific Plan shall govern and regulate all development within the Chula
Vista LCP Planning Area boundary as depicted in Exhibit 4, herein. (Ord. xxxx, 200X).
19.81.003 Authority.
The Bayfront Specific Plan is adopted pursuant to Section 30500(a) of the California
Public Resources Code, relating to the requirements of a city to implement the
provisions and policies of the California Coastal Act. This Bayfront Specific Plan is
further adopted pursuant to Sections 65450 through 65457 of the California Government
Code, and Chapter 19.07 Chula Vista Municipal Code (CVMC), relating to specific plans.
(Ord. xxxx, 200X).
City of Chula Vista Chapter 19.81 April 2010
Bayfront Specific Plan 5 of 59
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City of Chula Vista Chapter 19.81 April 2010
Bayfront Specific Plan 6 of 59
CHAPTER 19.82
BAYFRONT SPECIFIC PLAN -
GENERAL PROVISIONS
Sections:
19.82.001 Zoning.
19.82.002 Conflicts, interpretation, and applicability of provisions.
19.82.003 Plan amendment.
19.82.004 Incorporation by reference.
19.82.005 Issues not covered.
19.82.001 Zoning.
The Bayfront Specific Plan is adopted, pursuant to Government Code Section 65451(b),
as a specific plan by ordinance to implement applicable provisions of the General Plan,
in accordance with Chapter 19.07 CVMC, Specific Plans, and therefore serves as the
zoning for all property within the scope of the plan area. (Ord. XXXX, 200X).
19.82.002 Conflicts, Interpretation, and Applicability of Provisions.
Whenever the provisions of this Bayfront Specific Plan conflict with the provisions of the
Chula Vista zoning provisions (CVMC Title 19, Zoning and Specific Plans, hereinafter
referred to as the "Chula Vista Zoning Code") or whenever the provisions reflect an
internal conflict, the following rules shall apply: The Bayfront Specific Plan provisions
shall supersede those of the Chula Vista Zoning Code and the subarea provisions shall
supersede areawide provisions, as set forth in Sections IV and III, respectively, of the
LUP (adopted by City Council Ordinance No. XX>OCX on XX)OOOCX, 200X). In all
cases, whenever provisions require interpretation, the LUP shall provide clarification or
amplification.
19.82.003 Plan Amendment.
Amendments to this Bayfront Specific Plan shall require an amendment to the Chula
Vista Zoning Code and shall be subject to the applicable sections of the California
Coastal Act relating to amendments to LCPs. (Ord. xxxx, 200X).
19.82.004 Incorporation by Reference.
Whenever this Bayfront Specific Plan refers to another article, section, or subsection of
the Chula Vista Zoning Code, such reference shall be deemed incorporated herein.
Amendments to the Chula Vista Zoning Code adopted after the effective date of this
Specific Plan shall apply to properties within the LCP Planning Area in accordance with
the provisions of Section 19.82.002, above. A subsequent amendment to the Chula
Vista Zoning Code that is in conflict with this Bayfront Specific Plan shall not be
applicable without an amendment to this plan. No provisions of the Chula Vista Zoning
Code shall be incorporated by reference to the extent prohibited by development
agreements entered into by the City and property owners within the LCP Planning Area.
(Ord. xxxx, 200X).
City of Chula Vista Chapter 19.82 April 2010
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19.82.005 Issues Not Covered.
In the event that an issue is not covered by any provisions or regulations provided for
herein, then the issue shall be governed by the applicable regulations of the Chula Vista
Zoning Code. (Ord. xxxx, 200X).
City of Chula Vista Chapter 19.82 April 2010
Bayfront Specific Plan 8 of 59
CHAPTER 19.83
BAYFRONT SPECIFIC PLAN -COASTAL DEVELOPMENT PERMIT PROCEDURES
Sections:
19.83.001 Purposes.
19.83.002 Definitions.
19.83.003 Development permit conditions.
19.83.004 Applicability.
19.83.005 De minimis development.
19.83.006 Exemptions.
19.83.007 Emergency development permit.
19.83.008 Notice of appealable developments.
19.83.009 Public hearing on appealable developments.
19.83.010 Notice of local government action where hearing continued.
19.83.011 Notice of nonappealable developments that require a public hearing -
Conditional uses.
19.83.012 Public hearing on nonappealable developments -Conditional uses.
19.83.013 Notice of nonappealable developments that do not require a public
hearing -Permitted uses.
19.83.014 Determination of applicable notice and hearing procedures.
19.83.015 Finality of City action.
19.83.016 Final City action -Notice.
19.83.017 Failure to act -Notice.
19.83.018 Local government action -Effective date.
19.83.019 Exhaustion of local appeals.
19.83.020 Appeal fee.
19.83.001 Purposes.
This section establishes the permit procedures for developments located in the coastal
zone as defined in Section 30150 of the Public Resources Code. This chapter is based
on the LCP implementation regulations adopted by the California Coastal Commission
pursuant to Public Resources Code Sections 30333 and 30501, and as such shall
constitute the procedural requirements for review of developments in the coastal zone
pursuant to Public Resources Code Section 30600(d). (Ord. xxxx, 200X).
19.83.002 Definitions.
"Aggrieved person" means any person who, in person or through a representative,
appeared at a public hearing of the City in connection with the decision or action
appealed, or who, by other appropriate means prior to a hearing, informed the City of the
nature of his concerns, or who for good cause was unable to do either.
"Allowable use" means any use allowed by right that does not require a public hearing or
any discretionary or nondiscretionary permit of the approving authority.
"Appealable development" means, in accordance with Public Resources Code Section
30603(a), any of the following:
City of Chula Vista Chapter 19.83 April 2010
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A. Developments approved by the local government between the sea and the first
public road, or within 300 feet of the inland extent of any beach or of the mean
high tide line of the sea where there is no beach, whichever is the greater
distance.
B. Developments approved by the local government, not included within paragraph
(A) of this definition, located on tidelands, submerged lands, or public trust lands;
within 100 feet of any wetland, estuary, or stream; or within 300 feet of the top of
the seaward face of any coastal bluff.
C. Any development that constitutes a major energy facility. The phrase "major
public works project or a major energy facility" is as used in Public Resources
Code Section 30603(a)(5), or "energy facility," as defined by Public Resources
Code Section 30107, with a value exceeding $100,000, as adjusted from the
1982 base year per the Engineering News Record Construction Cost Index.
D. Developments approved by the local government not included within paragraph
(A) or (B) that are located in a sensitive coastal resource area.
"Appellant" means any person who may file an appeal and includes an applicant, any
aggrieved person, or any two members of the Coastal Commission.
"Applicant" means the person, partnership, corporation, or state or local government
agency applying for a coastal development permit.
"Approving authority" means the City officer, planning commission, or council approving
a coastal development permit.
"Categorically excluded development" means a development (upon request of the City,
public agency, or other person) that the Coastal Commission has determined, pursuant
to Section 30610(e) of the Public Resources Code, to have no potential for significant
adverse environmental effects and therefore has been issued an exclusion from the
coastal development permit requirements in accordance with the applicable regulations.
"Coastal Commission" means the California Coastal Commission
"Coastal development permit" means a letter or certificate issued by the City, in
accordance with the provisions of this chapter, after the applicant has submitted all
necessary supplementary documentation required to satisfy the conditions precedent in
the notice to issue a coastal development permit.
"Conditional use" means any use that requires a public hearing.
"Development" means, on land, in or under water, the placement or erection of any solid
material or structure; discharge or disposal of any dredged material or of any gaseous,
liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any
materials; change in the density or intensity of use of land, including, but not limited to,
subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the
Government Code); and any other division of land, including lot splits, except where the
land division is brought about in connection with the purchase of such land by a public
agency for public recreational use; change in the intensity of use of water, or of access
City of Chula Vista Chapter 19.83 April 2010
Bayfront Specific Plan 10 of 59
thereto; construction, reconstruction, demolition, or alteration of the size of any structure,
including any facility of any private, public, or municipal utility; and the removal or
harvesting of major vegetation other than for agricultural purposes, and kelp harvesting.
"Structure," as used in this chapter, includes, but is not limited to, any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission
and distribution line.
"Development permit procedures" means access, open space, and conservation
requirements.
Wherever reservation of an interest in land for public access, open space, or
conservation is required by the LCP, it shall be a condition of the coastal development
permit.
"Emergency" means a sudden, unexpected occurrence demanding immediate action to
prevent or mitigate loss or damage to life, health, property, or essential public services.
"Emergency development" means work undertaken to resolve problems resulting from a
situation falling within the definition of "emergency."
"Local coastal program" means the City's land use plan, zoning ordinances, zoning
maps, and other implementing actions certified by the Coastal Commission as meeting
the requirements of the California Coastal Act of 1976.
"Notice to issue coastal development permit" means a letter or certificate issued by the
City, in accordance with the provisions of this chapter, approving a development, subject
to fulfillment of conditions prior to issuance of a coastal development permit, but if such
conditions are fulfilled, as being in conformance with and adequate to carry out the LCP.
"Permitted use" means any use allowed by right that does not require a public hearing,
but does require a discretionary or nondiscretionary permit (e.g., building permit) to be
issued by the approving authority.
"Other permits and approvals" means permits and approvals, other than a coastal
development permit, required to be issued by the approving authority before a
development may proceed. (Ord. XXXX, 200X).
19.83.003 Development Permit Conditions.
Wherever reservation of an interest in land for public access, open space, or
conservation is required by the LCP, it shall be a condition of the coastal development
permit.
1. Legal Instruments Required. Prior to issuance of a coastal development permit,
where a public access way or open space or conservation restriction on land is
required by this LCP, each applicant shall record one of the following legal
documents as specified in the conditions of approval:
a. Irrevocable Offer of Dedication. The applicant shall submit a preliminary title
report and record an irrevocable offer to dedicate the access way, open
City of Chula Vista Chapter 19.83 April 2010
Bayfront Specific Plan 11 of 59
space, or conservation easement or to convey such interest in property in fee,
as described in the permit conditions, free of prior liens or encumbrances,
except for tax liens. This offer can be accepted within 21 years by a nonprofit
organization or governmental agency subject to approval by the Executive
Director of the Coastal Commission. Until this offer is accepted or until the
landowner allows, the public has no right to use the access way, provided that
the landowner shall not interfere with established existing public use.
b. Outright Grant of Fee Interest or Easement. If the project is important in and of
itself for public access, open space, or conservation needs, and the size and
scope of the proposed development is such that an outright conveyance
interest is appropriate, or there is an accepting agency approved by the
Executive Director of the Coastal Commission available to accept the
easement or fee interest, it can be required prior to issuance of the Coastal
Development Permit. Until such a grant is accepted or until the landowner
allows, the public has no right to use the access way, provided that the
landowner shall not interfere with established existing public use.
c. Required Information. As a condition of the issuance of a Coastal
Development Permit, title information and all necessary subordination
agreements shall be required. Title insurance may also be required when
extensive interests inland are being granted. (Ord. xxxx, 200X).
19.83.004 Applicability.
Except as provided in CVMC 19.83.005 and 19.83.006, any person wishing to undertake
a development in the coastal zone shall obtain a coastal development permit in
accordance with the provisions of this chapter, in addition to any other permit required by
law. Development undertaken pursuant to a coastal development permit shall conform to
the plans, specifications, terms, and conditions approved in granting the permit. The
procedures prescribed herein may be used in conjunction with other procedural
requirements of the City, provided that the minimum requirements as specified herein
are met. (Ord. xxxx, 200X).
19.83.005 De Minimis Development.
The Director of Planning and Building may issue a written waiver from the coastal
development permit requirements of this chapter for any development that is de minimis.
A proposed development is de minimis if the Director of Planning and Building
determines, based on a review of an application for a coastal development permit, that
the development involves no potential for any adverse effect, either individually or
cumulatively, on coastal resources and that it will be consistent with all applicable
objectives, policies, and standards of the certified LCP. The determination shall be
made in writing and based upon factual evidence.
1. De minimis waivers shall be permitted only in the nonappealable area of the City's
coastal development permitting jurisdiction when no local public hearing is required.
2. The Director of Planning and Building may consider the following types of projects
for possible permit waivers:
City of Chula Vista Chapter 19.83 April 2010
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a. Projects that would have been placed on the consent calendar of the City
Council agenda without special conditions;
b. Projects fully consistent with the certified LCP and for which all applicable
policies of the LCP are objective in nature, such that staff does not have to
exercise its judgment as to satisfaction of subjective criteria; and
c. Projects located in areas where similar projects have been approved as a
routine matter without conditions or opposition.
3. The following projects will not be considered for possible waivers:
a. Projects that involve questions as to conformity with the certified LCP, or that
may result in potential impacts on coastal resources and public access;
b. Projects with known opposition or probable public controversy; and
c. Projects that involve divisions of land including condominiums.
4. If, upon review of the coastal development permit application, the Director of
Planning and Building determines that the development is de minimis, the applicant
shall post public notice of the de minimis waiver on the property for at least 7
calendar days prior to the final decision granting the waiver. Notice of intent to issue
a de minimis waiver shall also be made to the Coastal Commission and to persons
known to be interested in the proposed development in the following manner:
5. Within 10 calendar days of accepting an application for a de minimis waiver or at
least 7 calendar days prior to the decision on the application, the Director of Planning
and Building shall provide notice, by first class mail, of pending waiver of permit
requirements. This notice shall be provided to all persons who have requested to be
on the mailing list for that development project or site or for coastal decisions within
the local jurisdiction, to all property owners and residents within 300 feet of the
perimeters of the parcel on which the development is proposed, and to the Coastal
Commission.
6. The notice shall contain the following information:
a. A general description of the proposed project and location;
b. A statement that the development is within the coastal zone;
c. The date of filing of the application and the name of the applicant;
d. The number assigned to the application;
e. The date at which the waiver may become effective;
f. The general procedure concerning the submission of public comments either
in writing or orally prior to the decision; and
g. A statement that a public comment period of sufficient time to allow for the
submission of comments by mail will be held prior to the decision.
City of Chula Vista Chapter 19.83 April 2010
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The Director of Planning and Building shall report to the City Council at its next available
public meeting those projects for which waivers are proposed, with sufficient description
to give notice of the proposed development to the City Council. A list of waivers issued
by the Director of Planning and Building shall be available for public inspection at the
public counter of the community development department and at the City Council
meeting during which any waivers are reported. A waiver shall not take effect until after
the Director of Planning and Building makes his/her report to the City Council. If one-
third of the City Council (two members) so request, such issuance shall not be effective
and, instead, the application for a coastal development permit shall be processed in
accordance with the provisions of this chapter. (Ord. XXXX, 200X).
19.83.006 Exemptions.
1. The following shall be considered exemptions from a Coastal Development Permit:
a. Repair and maintenance activities that do not result in an addition to or
enlargement or expansion of the object of such activities, except as otherwise
specified by the Coastal Commission in Subchapter 7, Title 14, California
Administrative Code, and any amendments thereafter adopted.
b. Activities of public utilities as specified in the repair, maintenance, and utility
hook-up exclusion adopted by the Coastal Commission on September 5,
1978.
c. Occupancy permits.
d. Improvements to single-family residences, except as otherwise specified by
the Coastal Commission in Subchapter 6, Title 14, California Administrative
Code, and any amendments thereafter adopted.
e. Improvements to any structure other than asingle-family residence or a public
works facility, except as otherwise specified by the Coastal Commission in
Subchapter 7.5, Title 14, California Administrative Code, and any
amendments thereafter adopted.
2. Notice of exempt development shall be as follows: A permit issued by the City for a
development that is exempt from the coastal development permit requirements shall
be exempt from the notice and hearing requirements of this chapter. The City shall
maintain a record for all permits issued for exempt developments that shall be made
available to the Coastal Commission or any interested person upon request. This
record may be in the form of any record of permits issued currently maintained by the
City, provided that such record includes the applicant's name, the location of the
project, and a brief description of the project. (Ord. xxxx, 200X).
19.83.007 Emergency Development Permit.
Application for and issuance of an emergency development permit shall comply with
requirements set forth in Article 2, Sections 13329, 13329.1, 13329.2, 13329.3, and
13329.4 of the California Administrative Code (California Code of Federal Regulations
Title 14). An application and permit form prepared in compliance with said article shall be
adopted by the City. (Ord. XXXX, 200X).
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19.83.008 Notice of Appealable Developments.
Within 10 calendar days of accepting an application for an appealable coastal
development permit or at least 10 calendar days prior to the first public hearing on a
development proposal, the City shall provide notice by first class mail of pending
application for appealable development. This notice shall be provided to each applicant,
to all persons who have requested to be on the mailing list for that development project
or for coastal decisions within the City, to all property owners and residents within 300
feet of the perimeter of the parcel on which the development is proposed, and to the
Coastal Commission. The notice shall contain the following information:
1. A statement that the development is within the coastal zone;
2. The date of filing of the application and the name of the applicant;
3. The number assigned to the application;
4. A general description of the development and its proposed location;
5. The date, time, and place at which the application will be heard by the local
governing body or hearing officer;
6. A brief description of the general procedure of local government concerning the
conduct of hearings and local actions; and
7. The system for local and Coastal Commission appeals, including any local fees
required.
8. Costs of the notice that are not reimbursed to local governments through grants or
SB90 reimbursement pursuant to Public Resources Code Section 30353. (Ord. xxxx,
200X).
19.83.009 Public Hearing on Appealable Developments.
At least one public hearing shall be held on application for an appealable development,
thereby affording any persons the opportunity to appear at the hearing and inform the
City of the nature of his or her concerns regarding the project. Such hearing shall occur
no earlier than 10 calendar days following the mailing of the notice required in CVMC
19.83.008 and shall normally be conducted by the planning director or his/her designee.
The public hearing may be conducted in accordance with existing local procedures or in
any other manner reasonably calculated to give interested persons, including the
applicant, an opportunity to appear and present their viewpoints, either orally or in
writing.
The hearing officer's decision may be appealed to the City Council within 10 days
following the hearing officer's decision. Said appeal shall be processed by the City
Council in the same manner as a public hearing on appealable development described
in this section. The fee for filing said appeal shall be in accordance with CVMC
19.83.020. (Ord. xxxx, 200X).
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19.83.010 Notice of Local Government Action Where Hearing Continued.
If a decision on a coastal development permit is continued by the City to a time that is
neither (a) previously stated in the notice provided pursuant to CVMC 19.83.008 nor
(b) announced at the hearing as being continued to a time certain, the City shall provide
notice of the further hearings (or action on the proposed development) in the same
manner, and within the same time limits, as established in CVMC 19.83.009. (Ord. xxxx,
200X).
19.83.011 Notice of Nonappealable Developments that Require a Public Hearing
-Conditional Uses.
Notice of nonappealable developments that require a public hearing involving conditional
uses shall be given at least 10 calendar days before a hearing in the following manner:
1. Notice in the manner prescribed in CVMC 19.83.008; or
2. Notice as prescribed herein:
a. If the matter is heard by the planning commission, notice shall be published in
a newspaper of general circulation or (if there is none) posted in at least three
public places in the local jurisdiction;
b. Notice by first class mail to any person who has filed a written request;
c. Notice by first class mail to property owners within 300 feet of the proposed
project;
d. Notice by first class mail to residents within 300 feet of the proposed project;
e. Notice by first class mail to the Coastal Commission; and
f. The notice shall contain a statement that the proposed development is within
the coastal zone. (Ord. xxxx, 200X).
19.83.012 Public Hearing on Nonappealable Developments -Conditional Uses.
At least one public hearing shall be held on each application for a nonappealable
development involving a conditional use, thereby affording any persons the opportunity
to appear at the hearing and inform the City of the nature of his or her concerns
regarding the project. Such hearing shall occur no earlier than 10 calendar days
following the mailing of the notice required in CVMC 19.83.008 and shall be conducted
in accordance with local procedures or in any other manner reasonably calculated to
give interested persons, including the applicant, an opportunity to appear and present
their viewpoints, either orally or in writing. (Ord. XXXX, 200X).
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19.83.013 Notice of Nonappealable Developments That Do Not Require a Public
Hearing -Permitted Uses.
Notice of nonappealable developments that do not require a public hearing involving
permitted uses shall be provided in the manner prescribed in CVMC 19.83.005.6.
(Ord. XXXX, 200X).
19.83.014 Determination of Applicable Notice and Hearing Procedures.
The determination of whether a development is categorically excluded or appealable for
purposes of notice, hearing, and appeals shall be made by the City at the time the
application for development is submitted. This determination shall be made with
reference to the certified LCP, including maps, categorical exclusions, land use
designations, and zoning ordinances adopted as a part of the certified LCP. Where an
applicant, interested person, or the City has a question as to the appropriate procedures,
the following procedures shall be followed:
The City shall make its determination as to what type of development is being
proposed (i.e., exempt, categorically excluded, appealable, or nonappealable) and
shall inform the applicant of the notice and hearing requirements for that particular
development. The local determination may be made by the designated approving
authority.
2. If the determination of the City is challenged by the applicant or an interested person,
or if the City wishes to have a Coastal Commission determination as to the
appropriate designation, the City shall notify the Coastal Commission by telephone of
the dispute/question and shall request an executive director's opinion.
3. The executive director shall in writing, within 2 working days of the City's request (or
upon completion of a site inspection where such an inspection is warranted), transmit
a determination as to whether the development is exempt, categorically excluded,
nonappealable, or appealable.
4. Where, after the executive director's investigation, the executive director's
determination is not in accordance with the City determination, the Coastal
Commission shall hold a hearing for the purpose of determining the appropriate
designation for the next Coastal Commission meeting in the appropriate geographic
region following the City's request. (Ord. xxxx, 200X).
19.83.015 Finality of City Action.
A local decision on an application for a development shall be deemed final when (1) the
local decision on the application has been made and all required findings have been
adopted, including specific factual findings supporting the legal conclusions that the
proposed development is or is not in conformity with the certified LCP, and that the
required conditions of approval adequate to carry out the certified LCP as required in the
implementing ordinances have been imposed, and (2) all rights of appeal have been
exhausted as defined in CVMC 19.83.019. (Ord. xxxx, 200X).
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19.83.016 Final City Action -Notice.
Within 7 calendar days of a final decision on an application for any development (except
categorically excluded or exempt developments), the City shall provide notice of its
action by first class mail to the Coastal Commission and to any persons who specifically
requested notice of such final action by submitting aself-addressed, stamped envelope
to the City (or, where required, who paid a reasonable fee to receive such notice). Such
notice shall include conditions of approval, written findings, and the procedures for
appeal to the Coastal Commission. (Ord. XXXX, 200X).
19.83.017 Failure to Act -Notice.
Notification by Applicant. If the City has failed to act on an application within the time
limits set forth in Government Code Sections 65950 through 65957.1, thereby
approving the development by operation of law, the person claiming a right to
proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify,
in writing, the City and the Coastal Commission of his or her claim that the
development has been approved by operation of law. Such notice shall specify the
application that is claimed to have been approved.
2. Notification by City. When the City determines that the time limits established
pursuant to Government Code Sections 65950 through 65957.1 have expired, the
City shall, within 7 calendar days of such determination, notify any person entitled to
receive notice pursuant to CVMC 19.83.016 that it has taken final action by operation
of law pursuant to Government Code Sections 65950 through 65957.1.
The appeal period for projects approved by operation of law shall begin to run only upon
the receipt of the City's notice in the Coastal Commission office. (This section shall apply
equally to a City determination that the project has been approved by operation of law
and to a judicial determination that the project has been approved by operation of law.)
(Ord. XXXX, 200X).
19.83.018 Local Government Action -Effective Date.
A final decision of the City on an application for an appealable development shall
become effective after the 10-working-day appeal period to the Coastal Commission has
expired or after the twenty-first calendar day following the final local action unless any of
the following occur:
1. An appeal is filed in accordance with the Coastal Commission's regulations; or
2. The notice of final local government action does not meet the requirements of CVMC
19.83.016 and 19.83.017.
Where either of the circumstances above occurs, the Commission shall, within 5
calendar days of receiving notice of that circumstance, notify the City and the applicant
that the effective date of the City action has been suspended. (Ord. XXXX, 200X).
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19.83.019 Exhaustion of Local Appeals.
1. An appellant shall be deemed to have exhausted local appeals for purposes of filing
an appeal under the Coastal Commission's regulations and be an aggrieved person
where the appellant has pursued his appeal to the local appellate body as required
by the City's appeal procedures; except, that exhaustion of all local appeals shall not
be required if anyone of the following occurs:
a. The City requires an appellant to appeal to more local appellate bodies for
permits in the coastal zone in the implementation section of the LCP;
b. An appellant is denied the right of the initial local appeal by a local ordinance
that restricts the class of persons who may appeal a local decision;
c. An appellant is denied the right of local appeal because local notice and
hearing procedures for the development did not comply with the provisions of
this chapter; or
d. The City charges an appeal fee for the filing or processing of appeals.
Where the local government would ordinarily require a fee for the processing of appeals
within the appealable areas of the coastal zone, the City may apply to the Coastal
Commission fora reimbursement of that fee through an SB90 claim or similar
reimbursement process.
2. Where a project is appealed by any two members of the Coastal Commission, there
shall be no requirement of exhaustion of local appeals provided, however, that notice
of Coastal Commission appeals shall be transmitted to the local appellate body
(which considers appeals from the local body that rendered the final decision), and
the appeal to the Coastal Commission shall be suspended pending a decision on the
merits by that local appellate body. If the decision of the local appellate body
modifies or reverses the previous decision, the commissioners shall be required to
file a new appeal from that decision. (Ord. xxxx, 200X).
19.83.020 Appeal Fee.
The fee for filing and processing an appeal to the California Coastal Commission within
the City shall be in accordance with the City of Chula Vista Fee Schedule. (Ord. XXXX,
200X).
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CHAPTER 19.84
BAYFRONT SPECIFIC PLAN -LAND USE ZONES
Sections:
19.84.001 Purpose and scope.
19.84.002 Commercial land use designations.
19.84.003 Industrial land use designations.
19.84.004 Public and open space designations.
19.84.005 Residential designations.
19.84.006 Circulation and other designations.
19.84.001 Purpose and Scope.
The Bayfront Specific Plan provides for the classification of land use and the regulation
of development by land use zoning and parcel. These zones are depicted in Exhibit 5,
herein. Each zone contains a set of regulations setting forth the allowable uses and
standards for development. This chapter provides the development standards relating to
land use activities for each zone.
19.84.002 Commercial Zones.
1. Commercial -Visitor (C-V).
a. Purpose and Intent. The purpose of the Commercial -Visitor zone is to
provide regulations of uses serving the needs of tourists, travelers, and local
residents. The regulations of this zone are designed to encourage the
provision of transient housing facilities, restaurants, service stations, and other
activities providing for the convenience, welfare, or entertainment of the
traveler.
b. Permitted Uses. The following uses are permitted:
1) Hotels and inns
2) Retail, including:
(a) Restaurants with a cocktail lounge as an integral part;
(b) Art galleries;
(c) Stores and retail shops;
(d) Parking garages;
(e) Antique shops;
(f) Markets;
(g) Restaurants and snack bars;
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Customer serving offices; and
(h) Any other establishment serving visitors determined to be of the same
general character of the above-permitted uses.
3) Commercial recreation, including:
(a) Tennis clubs and facilities;
(b) Health clubs;
(c) Sports and health classes and clinics;
(d) Professional sports facilities;
(e) Sports medicine facilities;
(f) Sports training facilities;
(g) Swimming and diving facilities; and
(h) Any other business or facility determined to be of the same general
character of the above-permitted uses.
4) Public-quasi public, including:
(a) Public parks, recreation, open space, trails, and other similar uses;
(b) Places of worship;
(c) Day nurseries and child-care facilities;
(d) Transit and other public transportation facilities; and
(e) Electrical substations and gas regulators.
c. Conditionally Permitted Uses: Any use whose parking requirement will be met
by shared parking may be permitted subject to approval of a conditional use
permit.
d. Prohibited Uses: Any business or activity that produces noise above 60 CNEL
at the exterior boundaries of this zone.
2. Commercial -Thoroughfare (C-T).
a. Purpose and Intent. The purpose and intent of the Commercial -
Thoroughfare zone is to provide regulations for areas adjacent to major public
roadways where activities dependent upon or catering to thoroughfare traffic
may be established and maintained. The regulations of this zone are
designed to encourage the centers for retail, commercial, entertainment,
automotive, and other appropriate highway-related activities.
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b. Permitted Uses. The following uses are permitted:
1) Food sales commercial;
2) Convenience sales and service commercial;
3) Transient habitation commercial;
4) Automotive servicing commercial;
5) Automotive repair and cleaning commercial;
6) Automotive fee parking commercial;
7) Group assembly commercial;
8) Parking services civic;
9) Community assembly civic;
10) Administrative civic; and
11) Utility and vehicular civic.
3. Commercial -Professional and Administrative (C-P).
a. Purpose and Intent. The purpose and intent of the Commercial -Professional
and Administrative zone is to provide regulations for development of
professional and administrative office uses. The regulations of this zone are
designed to promote a suitable environment for business administration, and
professional and government activities.
b. Permitted Uses. The following uses are permitted:
1) Administrative and executive offices;
2) Professional offices;
3) Financial offices, including banks, real estate, and other general business
offices;
4) Medical care facilities;
5) Research offices;
6) General business offices; and
7) Any other office use determined to be of the same general character of
the above-permitted uses. (Ord. xxxx, 200X).
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19.84.003 Industrial Zones.
1. Industrial -Research and Limited Industrial (I-R).
a. Purpose and Intent. The purpose and intent of the Industrial -Research and
Limited Industrial zone is to provide regulations for the development and
protection of modern, large-scale research and specialized manufacturing
organizations of anon-nuisance type. These regulations are also designed to
provide for the creation of areas for limited industrial development by providing
an environment free from nuisances created by some industrial uses.
b. Permitted Uses. The following uses are permitted:
1) Administrative commercial;
2) Food service commercial;
3) Convenience sales and service commercial;
4) Business and communication service commercial;
5) Retail business supply commercial;
6) Research development commercial;
7) Automotive fee parking commercial;
8) Custom industrial;
9) Essential service civic;
10) Parking service civic; and
11) Community assembly civic.
2. Industrial -General (I-G).
a. Purpose and Intent. The purpose and intent of the Industrial -General Zone is
to provide regulations for areas designated for the exclusive use of industrial
development. This development will be subject to the necessary regulations
to ensure the purity of the airs and waters in Chula Vista and San Diego
County, and the protection of nearby residential, commercial, and industrial
uses of the land from hazards, noise, and other disturbances.
b. Permitted Uses. The following uses are permitted:
1) Food service commercial;
2) Convenience sales and service commercial;
3) Business and communication service commercial;
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4) Retail business supply commercial;
5) Research and development commercial;
6) General wholesale sales commercial;
7) Transportation and warehousing commercial;
8) Automotive fee parking commercial;
9) Custom industrial;
10) Light industrial;
11) General industrial; and
12) Essential service civic.
c. Conditionally Permitted Uses. The following uses may be allowed subject to
the approval of a conditional use permit:
1) Automotive sales (new), rental and delivery, and accessory commercial
activities;
2) Automotive servicing commercial activities;
3) Automotive repair and cleaning commercial activities;
4) Boat sales or rental commercial activities;
5) Boat servicing commercial activities;
6) Educational services commercial activities; and
7) Child-care activities.
3. Limited Industrial (I - L)
a. For Parcel Area 3-k refer to the Chula Vista Zoning Code, CVMC 19.44.080.
19.84.004 Public/Quasi-Public and Open Space Zones.
1. Public and Quasi-Public (P-Q).
a. Purpose and Intent. The purpose and intent of the Public and Open Space -
Public and Quasi-Public zone is to provide regulations for uses in appropriate
locations that 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, fire station etc.).
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b. Permitted Uses. The following uses are permitted:
1) Parking services civic;
2) Fire station;
3) Automotive fee parking commercial; and
4) Utility transmission systems.
2. Parks and Recreation (P-R).
a. Purpose and Intent. The purpose and intent of the Public and Open Space -
Parks and Recreation category is to provide regulations for public spaces for
recreational activities, open air meeting places, and other outdoor activities.
b. Permitted Uses. The following uses are permitted:
1) Public parks and facilities to serve park users; and
2) Public parking.
3. Open Space (O-S).
All parcels designated as open space shall be permitted to accommodate the restoration
or enhancement of wetlands and other existing natural conditions, with development or
construction limited to the existing Chula Vista Nature Center or its expansion, within the
Sweetwater Marsh National Wildlife Refuge. All other uses or activities within this zone
shall be to preserve natural resources and habitat value.
19.84.005 Residential Zones.
1. Residential -Mixed Harbor District (R-MH).
a. Purpose and Intent. The purpose and intent of the Residential -Mixed Harbor
zone is to provide appropriate locations for a mix of mid-rise, and high-rise
residential towers in the Harbor District. Mid-rise development is defined as
four to seven-story buildings. High-rise development is defined as eight-story
and above buildings. All mid-, and high-rise buildings include multiple-family
condominium style residences and central garage structures. Residential
uses include multiple-family dwellings in clusters of varying size and
configuration to provide a range of housing types. Retail uses shall be located
at the street level to create a village atmosphere and pedestrian orientation.
b. Permitted Uses. The following uses are permitted:
1) Dwellings, multiple, mid-rise;
2) Dwellings, multiple, high-rise;
3) Retail commercial uses at street level;
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4) Incidental services, such as restaurants, retail sales, fitness clubs, and
other such services, provided such activities are conducted in spaces that
are integral parts of a main building;
5) Private, noncommercial recreational facilities, such as swimming pools,
tennis courts, and clubhouses (for additional provisions, see CVMC
19.58.100 and 19.58.270);
6) Day care/nursery facilities; and
7) Accessory uses and buildings including:
(a) Customary incidental home occupations, subject to the provisions of
CVMC 19.14.490;
(b) Other accessory uses and accessory buildings customarily
appurtenant to a permitted use, subject to the provisions of CVMC
19.58.020;
(c) Full-time foster homes as defined in CVMC 19.04.098;
(d) Satellite dish antennas per the provisions of CVMC 19.22.030(F).
c. Conditionally Permitted Uses. The following uses may be allowed subject to
the approval of a conditional use permit:
d. Commercial parking garages and off-street parking lots, in accordance with
the provisions of CVMC 19.62.010 through 19.62.130;
e. Unclassified uses, see Chapter 19.54 CVMC; and
f. Small family day care homes, as defined in CVMC 19.04.095.
19.84.006 Circulation and Other Designations.
All lands in Exhibit 5, Zoning Map, indicated as "Circulation and Other" are for those
uses associated with major circulation elements, including Interstate 5, Bay Boulevard,
and the Railroad easement (Ord. xxxx, 200X).
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CHAPTER 19.85
BAYFRONT SPECIFIC PLAN -DEVELOPMENT CRITERIA
Sections:
19.85.001 Purpose and scope.
19.85.002 Permitted uses.
19.85.003 Development intensity.
19.85.004 Height regulations.
19.85.005 Sign regulations.
19.85.006 Form and appearance.
19.85.007 I nfrastructure.
19.85.008 Parking requirements.
19.85.009 Usable Open Space Standards.
19.85.010 Site development standards.
19.85.011 Grading and drainage.
19.85.012 Special Conditions
19.85.001 Purpose and Scope.
This chapter of the Bayfront Specific Plan provides development criteria within the
Bayfront planning area. Special conditions are located at the end of the chapter in
Section 19.85.011.
19.85.002 Permitted Uses.
Permitted uses for each land use district are listed in Chapter 19.84 CVMC, Land Use
Classifications. (Ord. xxxx, 200X).
19.85.003 Development Intensity.
The development intensity is established by using a floor area ratio (FAR) calculated as
set forth in Section 19.04.097 of this code, a specific maximum square footage
allowance, or through a combination of setback and height controls, depending on the
land use. Following are the applicable development intensities for each land use
category:
1. Industrial Land Use.
a. Industrial-General (I-G)
1) Maximum FAR 0.5.
b. Industrial-Research and Limited Industrial (I-R)
1) Maximum FAR 0.5.
c. Limited Industrial (I-L)
1) Refer to the Chula Vista Zoning Code, CVMC 19.44.080.
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2. Commercial Land Use.
a. Commercial-Visitor (C-V)
1) Development intensity
depicted on Exhibit 5,
development standards.
for Commercial-Visitor Parcel Area 1-a, as
is determined by height regulations and site
2) See Section 19.85.011 for Special Condition B pertaining to Parcel Area
3-a, as depicted on Exhibit 5.
3) See Section 19.85.011 for Special Condition D pertaining to Parcel Area
2-h, as depicted on Exhibit 5.
b. Commercial-Thoroughfare (C-T)
1) Maximum development intensity is established by the height regulations
listed in Table 1 of Section 19.85.004 and site development standards
detailed in Section 19.85.009 of this Bayfront Specific Plan.
c. Commercial-Professional and Administrative (C-P)
1) See section 19.85.011 Special Conditions A and D for Commercial -
Professional and Administrative land use special conditions.
3. Residential Land Use.
a. Residential -Mixed Harbor District (R-MH)
1) Residential development within the R-MH zoning shall consist of a mix of
mid-rise, and high-rise development with a maximum development
intensity of 105 dwelling units per acre. .
b. Building height within the R-MH zoning shall range from 4 to 19 stories and a
maximum of 220 feet.
1) Retail use on Parcel Area 2-f, as depicted on Exhibit 5, shall not exceed
15,000 square feet.
19.85.004 Height Regulations.
U.S. Fish and Wildlife Service
1. The U.S. Fish and Wildlife Service (USFWS) parcel in the Sweetwater District is
permitted a viewing tower in the Chula Vista Nature Center of up to 45 feet in height.
National Wildlife Refuge Buffers -Notwithstanding the height limits described in
provision 1 above, the following height restrictions shall be enforced according to
proximity to the USFWS property line west of the San Diego Gas & Electric (SDG&E)
right-of-way (ROW):
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a. The horizontal zones for the "F&G" Street Marsh shall be controlled by the
provisions of the approved 404 Permit (Army Corps Permit No. 88-267-RH).
(Ord. xxxx, 200X).
Parcel Areas
Maximum building heights and associated parcel areas are summarized in Table 3
below.
TABLE 1: BUILDING HEIGHT LIMITS BY PARCEL AREA
Parcel Area Maximum Building Height from Pad (feet)
Sweetwater District
1-a 125
1-b 35
1-c 35
1-d 35
1-e 35
1-f 30
1-g 0
1-h 44
1-i 44
Harbor District
2-a 0
2-b2 44
2-c 44
2-d 44
2-e 44
2-f 220
2-g3 N/A
2-h 130
Otay District
3-a4 N/A
3-b 44
3-c 44
3-d 44
3-e 44
3-f 44
3-g 44
3-h 44
3-i 44
3-j 44
3-k 45
Notes:
1. Parcel Area 1-g is zoned Open Space; therefore the building height limit is 0 feet.
2. See Section 19.85.011 Special Condition A.
3. See Section 19.85.011 Special Condition B.
4. See Section 19.85.011 Special Condition D.
N/A Not applicable
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19.85.005 Sign Regulations.
The size, location, and design of all signs in the LCP Planning Area shall be subject to
the following:
1. No freestanding sign shall be greater than 10 feet in height and signs shall be
subject to the regulations of Chapter 19.60 CVMC, Signs, incorporated herein by
reference, unless modified by the provisions of this Bayfront Specific Plan.
2. The following regulations shall apply
a. Public Signs.
1) Street Name Signs: Street name signs shall have special mountings and
frames to identify streets as being a part of the new Bayfront community.
The sign copy and construction shall reflect a unified style and colors.
2) Directional Signs: Directional signs at intersections will help establish
gateways to the redevelopment area and may include such generic
information as convention center, marina, special use park, wildlife
refuge, etc., as necessary. Directional information for private
developments may be included as part of a sign program, subject to the
review and approval of the Chula Vista Redevelopment Corporation
(CVRC). Information will be clustered on one sign per intersection. Signs
will have standardized mountings and trim. Each sign location shall
include specially designed landscaped areas to create a setting.
3) Information Signs: Public information signs are designed for public
facilities and services such as parks, marshes and marinas. Trim and
colors are to be unified with the basic public sign theme.
4) Traffic and Parking Control Signs: Traffic control and parking signs shall
be designed with standard copy faces and shall be trimmed in a manner
consistent with Bayfront motif. Exact sizes and locations are required by
state regulation.
b. Private Signs.
1) Hotel/Motel, RV Parks, Restaurants, and Retail-Commercial: Total copy
area for all identification signs combined shall be limited to not more than
50 square feet per parcel (except additional signage for high- and mid-
rise hotels is permitted per subsection 2(c)(5) of this section). Signs may
be wall signs and/or ground signs. Ground signs may be single- or
double-faced but may not exceed 10 feet in height. An additional
changeable copy area of 25 square feet maximum shall be allowed for
uses that include entertainment or convention facilities. Changeable copy
area shall be single-faced only.
2) Automotive Service: Service stations shall be allowed one identification
sign (non-freeway) per lot. Signs shall be ground signs or wall signs and
shall have no more than 40 square feet of copy area, 6 feet maximum
height.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 31 of 59
3) Industrial and Office Uses: Industrial or office uses shall be allowed one
identification sign per lot, visible from the internal street. Signs shall not
exceed 40 square feet in area or 6 feet maximum in height. Total sign
area may include a directory or tenant listing if the project is multitenant.
c. Special Private Signs.
1) Commercial Uses Adjacent to Freeway: Commercial uses with freeway
exposure shall be allowed either wall signs or monument signs with name
and/or logo. If the business logo is well established as an identity mark,
then use of logo alone is preferable. Each lot may have two wall signs or
one ground sign only. Only one wall sign shall be visible at a time.
Maximum total copy area shall be 100 square feet. Ground signs may be
doubled-faced or parallel to the roadway and are intended to be low-
profile monument signs.
2) Automotive Service: Service stations with freeway exposure shall be
allowed freeway identification signs. Sizes shall be as small as possible
and still have freeway identity, in no case to exceed 50 square feet total
sign area. Such signs shall be subject to review by the CVRC.
3) Corner Lots: The identification allowance for sign development on corner
lots may be divided to provide for a sign on each frontage; however, the
total allowance for both signs combined is not to exceed 50 square feet.
4) Multitenant Buildings or Complexes: Office, retail-commercial, and
industrial uses that are multitenant shall be allowed additional tenant
identification signs; each tenant shall be allowed a maximum of 3 square
feet on or adjacent to the entry door. These tenant signs shall be visible
from on-site parking and/or pedestrian walkways, but not intended to be
readable from public streets.
5) High-Rise Hotel Building Wall Signs: Hotel name signs shall be allowed
on hotel buildings greater than eight stories in height. Two signs shall be
allowed per building, 300 square feet maximum for each sign. Individual
letters or logo only; maximum sign height shall be 7 feet. Sign design and
lettering shall not permit perching by avian predators of the California
least tern, light-footed clapper rail, or Belding's savannah sparrow. (Ord.
2665, 1996; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985).
6) Directional and Information Signs: These signs shall be directional in
nature and shall not be identification signs. Their maximum height shall
be 4 feet with 4 square feet maximum copy area per side.
7) Special Event Signs (Temporary): Special events such as grand openings
shall be allowed temporary signs. Such signs shall be allowed in
accordance with the CVMC 19.60.
8) Construction Signs (Temporary): Signs for owners, contractors and
subcontractors, architects, etc., for new projects under construction shall
be allowed in accordance with the CVMC 19.60.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 32 of 59
19.85.006 Form and Appearance.
1. Form and Appearance Objectives. The following objectives shall serve as guidelines
for use of land and water resources to preserve a sound natural environment:
a. Preserve existing wetlands in a healthy state to ensure the aesthetic
enjoyment of marshes and the wildlife that inhabit them.
b. Change the existing industrial image of the Bayfront and develop a new
identity consonant with its future prominent public and commercial recreational
role.
c. Improve the visual quality of the shoreline by promoting public and private
uses that provide proper restoration, landscaping, and maintenance of
shoreline areas.
d. Remove, or mitigate by landscaping, structures or conditions that have a
blighting influence on the area.
e. Eliminate or reduce barriers to linking the Bayfront to the rest of western Chula
Vista and establishes a memorable relationship between the Bayfront (and the
areas and elements that comprise it) and adjoining areas of Chula Vista, the
freeway, and arterial approaches to the Bayfront (see Exhibit 6, Form and
Appearance Map).
2. Specific Provisions.
To promote these requirements, the form and appearance provisions of the LUP
acknowledges three major components that comprise the physical form of the area:
natural resources areas to be preserved; a public space and recreation system,
including walkways, bicycle ways, and park areas; and development units having
common usage and/or qualities, which should be treated as distinctive, but closely
interrelated, visual entities.
a. Landscape Character and Function. Major landscape components shall
establish strong visual continuity in response to varied functional needs.
Landscaping will incorporate both hardscape features and softscape
(planting).
b. Dense Landscape Planting. All areas designated for dense landscape
planting shall include dense planting of trees and shrubs to serve three
purposes: diminish the visual impact of large existing industrial structures,
such as those of Goodrich and SDG&E's power plant and transmission
towers, and extensive parking areas and outdoor storage areas; define major
entry points to the Bayfront and frame views; and be used in masses as visual
stopping points to limit views and provide natural vertical elements. Heights of
trees and shrubs may be limited by USFWS requirements in areas near the
National Wildlife Refuge.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 33 of 59
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Bayfront Specific Plan 34 of 59
The following standards shall guide dense landscape planting design:
Location Representative Characteristic
Bay Boulevard 40- to 60-foot height; upright form; evergreen
Existing pines and other trees shall be preserved to the maximum possible
extent.
c. Special Area Planting. All areas zoned as Public-Quasi Public (Landscaped
Parking Areas) (Exhibit 5) shall include a planting program coordinated with
parking improvements beneath the power lines. The Port Master Plan and the
Chula Vista Bay Master Plan also designate this ROW as a linear greenbelt.
The 150-foot-wide ROW that bisects the Bayfront may include landscaped
auto parking to diminish the visual impact of the power lines and strengthen
the ground plane connection between both sides of the ROW and provide an
appropriate greenbelt character. SDG&E criteria will permit planting that can
be kept not more than 15 feet high, thereby maintaining sufficient clearance at
the lowest point in the power line catenary. Planting in any parking areas
provided shall establish a dense ground plane massing of shrubs and short
trees to create a grove effect that screens cars from view and ties together in
a strong horizontal line and intersecting mass of foliage on either side of the
ROW. The following standards shall guide parking area planting design for all
areas outside of Subarea 1 -Sweetwater District:
Location Representative Characteristic
SDG&E ROW 10- to 15-foot height; globular or
multistem; evergreen
d. Informal Planting. All areas designated for informal planting shall consist of
groves planted with the same species in informal drifts to provide shade for
recreational uses. The groves shall be sited to avoid blocking panoramic
views to the wetlands and bay. The following standards shall guide informal
grove design:
Location Representative Characteristic
40- to 80-foot height; upright and open
City Park branching in contrast with dense,
vertical form; mixed deciduous and
evergreen
e. Formal Planting. Formal planting has been designated for the major circulation
spines of the Bayfront. The planting shall be in regularly spaced intervals
using species with predictable form characteristics to achieve strong linear
avenues that guide views and establish perspective.
Location Representative Characteristic
Marina Parkway, 40- to 60-foot height; crown-
"E", "F", "H", "J" Streets shaped form; evergreen
f. Buffer Zone Planting. Buffer zone planting has been designated for
streetscapes adjacent to sensitive habitats and for transitional buffer zones
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 35 of 59
between ornamental planting areas and sensitive habitats. Planting shall
consist of native or naturalized noninvasive plant species. The following
standards shall guide buffer zone planting design:
Location Representative Characteristic
Adjacent to Native shrubs,
,,,,sensitive habitat .................................................._Noninvasive_species....................................................
Transitional Native or naturalized shrubs,
Buffer Noninvasive species
g. Gateways. Special consideration shall be given at gateways (Exhibit 6) to
roadway design, including signing and lighting, landscaping and siting, and
design of adjoining structures, to allow for design treatment that conveys an
entry character.
h. Architectural Edges. The development shall comply with the following
conditions in the specified areas:
1) Habitat Protection: Structures shall be sited a sufficient distance from
natural habitat areas to protect the natural setting and prevent direct
impacts to wildlife.
2) Pedestrian and Bicycle Access: Structures shall be sited at a sufficient
distance from the water's edge or marsh edge to allow for sidewalks and
bicycle paths that ensure unencumbered pedestrian and bicycle access
to the waterfront and coastline.
3) Privacy: Structures shall be designed so that the uses that take place in a
structure or private space adjoining the structure do not detract from, or
prevent appropriate public use of, adjoining public open spaces.
Reciprocally, the public areas shall be designed and their use regulated in
a manner that does not diminish the intended private use of adjoining
developed lands.
4) Firm Edges: Firm edges are required where a strong visual form,
generally linear, is necessary to provide either for a terminus of views in
certain directions, or a sense of entry or arrival. These edges should be
formed by buildings, but they also may be achieved by use of earth berms
or mass plantings.
5) Irregular Building Edges: Irregular building edges are required where it is
visually desirable to soften or deemphasize the distinction between open
space areas and adjoining development. This prevents harsh contrasts
between different areas and allows visual penetration between areas, and
variation in the spatial experiences and qualities in these areas.
i. View Points. Development of the Bayfront shall ensure provision of three
types of views:
1) Views from the Freeway and Major Entry: Ensure a pleasant view onto
the site and establish a visual relationship with San Diego Bay, marshes,
and bay-related development.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 36 of 59
2) Views from Roadways within the Bayfront (particularly from Marina
Parkway, to the marshlands, San Diego Bay, parks, and other bay-related
development). Locations shall preserve a sense of proximity to the bay
and marshlands.
3) Views from the Perimeters of the Bayfront Outward: Views that are
primarily pedestrian-oriented, stationary, and more sustained should be
experienced from parts of the open space and pathway system and
enable viewers to renew visual contact at close range with the bay and
marshlands. (Ord. xxxx, 200X).
19.85.007 Infrastructure.
1. Circulation Standards.
Primary Vehicular Circulation: The primary vehicular routes are identified as
"Circulation and Other" in Exhibit 5, Zoning Map; and in Exhibits 7a, 7b, and
7c, Circulation Maps. These consist of Interstate 5, State Route 54, Bay
Boulevard, Marina Parkway, E Street, F Street, H Street, J Street, and four
new proposed streets: Street A, Street B, and Street C.,.
a. Internal Vehicular Circulation: Internal roadways shall be developed to the
design and construction standards published by the Department of
Engineering, City.
b. Pedestrian Route:
1) The major pedestrian routes shown in Exhibit 7b, Circulation Map, shall
be a minimum of 6 feet in width. The filling of wetlands for pedestrian
paths is not permitted
c. Bike Routes:
1) Bike Lane: A bike lane is a lane on the paved area of a street for
preferential use by bicycles. These lanes are used for regional bicycle
routes. On-street parking, except for emergency stopping, will not be
permitted where bike lanes are designed. Bike lanes shall be a minimum
of 5 feet in width. The filling of wetlands for bike paths is not permitted.
2) Bike Path: A bike path is used for off-street travel by bicycles. These
paths shall be a minimum of eight feet in width. All proposed bicycle
routes are shown in Exhibit 7c, Circulation Map.
2. Utility Systems. Refer also to Exhibit 8.
a. General Policies:
1) Provide adequate sizing of utility systems to ensure sufficient capacity for
maximum build-out potential of plan.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 37 of 59
2) Protect existing sensitive natural resources from significant adverse
impacts during construction. (Ord. xxxx, 200X).
19.85.008 Parking Requirements.
1. General Requirements.
The provisions of Chapter 19.62 CVMC shall be applicable to off-street parking and
loading areas in the Bayfront area. These provisions generally control construction and
development and design standards of off-street parking areas. The number of spaces
required for designated uses shall be that designated below. In the event that there is no
precise correspondence in the use classifications with the common names used in this
section, the Director of Planning and Building shall have the authority to designate the
requirements, and the common names for proposed uses shall generally be deemed to
control.
2. Vehicle Parking Standards
a. Business and professional offices: 1 space per 300 square feet of floor area;
minimum of 4 spaces;
b. Dance, assembly, or exhibition halls without fixed seats: 1 space per 50
square feet of floor area used for dancing or assembly;
c. Dwellings, multiple: 1 space per studio, 1.5 spaces per 1-bedroom unit; 2
spaces per 2-bedroom or larger unit;
d. Hotels, motels: 1 space for each living or sleeping unit, plus 1 space for every
25 rooms or portion thereof;
e. Manufacturing plants, research and testing laboratories: 1 space per 1.5
persons employed at any one time in the normal operation of the plant or 1
space per 800 square feet of floor area, whichever is greater;
f. Medical and dental offices and clinics: 1 space per 200 square feet of floor
area; minimum of 5 spaces;
g. Public park/open space: 1 parking space for every 10,000 square feet of park
or accessible open space;
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 38 of 59
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City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 39 of 59
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City of Chula Vista Chapter 19.85 April 2010
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City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 42 of 59
h. Restaurants, bars, and night clubs: 1 space per 2.5 permanent seats,
excluding any dance floor or assembly area without fixed seats, which shall be
calculated separately at 1 space per 50 square feet of floor area;
i. Restaurants -drive-in, snack stands, or fast-food: 15 spaces minimum, or 1
space per 2.5 permanent seats, whichever is greater;
j. Retail stores: 1 space per 200 square feet of floor area;
k. Sports arenas, auditoriums, and theaters: 1 space per 3.5 seats of maximum
seating capacity;
I. Wholesale establishments, warehouses, and service and maintenance
centers: 1 space per 1.5 persons employed at any one time in the normal
operation of the plant or 1 space per 1,000 square feet of floor area,
whichever is greater; and
m. Uses not listed: as required by Chula Vista Zoning Code.
3. Motorcycle and Bicycle Parking Standards.
a. Motorcycle parking spaces shall be provided for developed uses according to
the following schedule. Only those uses listed below are required to provide
motorcycle parking. Bicycle parking facilities shall also be provided for the
uses listed below. Bicycle parking facilities shall be fixed storage racks or
devices designed to secure the frame and wheel of the bicycle.
b. Business and professional offices (over 20,000 square feet of gross floor
area): 5 spaces;
c. Shopping centers (over 50,000 square feet of gross floor area): 1 space per
33 automobile spaces required;
d. Fast-food restaurant, coffee shop, or delicatessen: 5 spaces;
e. Other eating and drinking establishments: 2spaces; and
f. Commercial recreation: 1 space per 33 automobile spaces required.
4. Shared Parking.
Where uses have predictable time cycle parking demands and where supported by
appropriate traffic/parking studies, shared parking may be utilized as a means to reduce
total parking lot area. The criteria and standards provided in shared parking published by
the Urban Land Institute should be utilized to assess parking needs and formulate
shared parking agreements. Any use that intends to meet its parking requirements using
shared parking shall be subject to the approval of a conditional use permit as provided
for in Chapter 19.14 CVMC and shall be further guaranteed through the execution of a
deed restriction and along-term binding agreement. The approval of the conditional use
permit may, among other requirements, require a use, business, or activity to only
operate within restricted hours.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 43 of 59
5. Concealed Parking.
Within parcel areas 2-f and, 2-h of the LCP Planning Area, 75 percent of the required
parking shall be provided in subterranean or concealed parking structures. "Concealed
parking" is when the parked vehicles cannot be seen by the public using public streets,
bike lanes and paths, pedestrian walkways, public parks, and public access open
spaces.
6. Landscaped Parking in SDG&E ROW
Any landscaped parking in the SDG&E ROW north of "F" Street/Lagoon Drive
(hereinafter referred to as "F" Street) shall be available on weekends and evenings for
use by coastal visitors. The parking needed for visitors to the Chula Vista Nature Center
or for any park or public open space areas shall be provided in areas assigned and
exclusively reserved for such visitors. This restriction must be enforced during the
operating hours of the Chula Vista Nature Center and public parks. Parking for park and
public open space use shall be provided at the rate of one space per each 10,000
square feet of park or open space area, excluding the National Wildlife Refuge. (Ord.
xxxx, 200X).
19.85.009 Usable Open Space Standards.
The following site development standards apply to Residential land uses on Parcel
Areas 2-f and 2-h:
a. Usable open space standards shall be:
1) 140 sf per dwelling unit. This standard is appropriate for a highly
urbanized environment and a redevelopment area. It is similar to, but
even lower, than the standard for the Chula Vista Urban Core Specific
Plan. It is in keeping with similar types of cities including Santa Barbara
and Granville Island (a bayfront development in British Columbia). A total
of 5 cities were surveyed and 140 sf/du is more conservative than the
standard in the each of the others. The result of applying a standard of
140 sq feet is the elimination of the need for sound walls at the ground
plane. This will preserve view corridors.
2) Open space areas shall be any portion of a lot which has a minimum
dimension of six feet, and not less than 60 square feet in area, that is
landscaped and/or developed for recreational and leisure use, and is
conveniently located and accessible to all the units. The following areas
shall contribute to a required open space:
1. Private balconies and patios;
2. Roof areas designed and equipped to accommodate
recreational and leisure activities;
3. Recreation rooms.
3) The following areas shall not contribute to required open space:
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 44 of 59
1. Driveways and parking areas;
2. Refuse storage areas;
3. Clothes-drying areas.
19.85.010 Site Development Standards.
The following site development standards apply to the specified land use unless a
Special Condition has been established in Section 19.85.012, in which case the Special
Condition overrides the site development standards below:
1. Commercial-Thoroughfare (C-T):
a. Minimum lot area: 5,000 square feet;
b. Front yard setback: 10 feet;
c. Exterior side yard setbacks: 0 feet; and
d. Rear yard setback: 0 feet.
Development of land designated as Commercial Thoroughfare is subject to the
Central Commercial Zone with Precise Plan Modifying District as described in
Chapters 19.36 and 19.56 of the Chula Vista Municipal Code, except as modified by
this Specific Plan.
2. Commercial-Visitor (C-V) (For Parcel Area 2-h refer to Special Condition Din
Section 19.85.012):
a. Minimum lot area: 20,000 square feet;
b. Setbacks:
1) To all exterior boundaries: 20 feet minimum.
2) To interior boundaries that do not abut another land use: none.
c. Landscaping shall be required at a rate of 15 percent site coverage.
3. Commercial-Professional and Administrative (C-P) (For Parcel Area 2-b refer to
Special Condition A, and for Parcel Area 2-h refer to Special Condition D in Section
19.85.012):
a. Minimum lot area: 20,000 square feet;
b. Setbacks:
1) To all exterior boundaries: 20 feet minimum.
2) To interior boundaries that do not abut another land use: none.
c. Landscaping shall be required at a rate of 15 percent site coverage.
City of Chula Vista Chapter 19.85 April 2010
Bayfront Specific Plan 45 of 59
4. Industrial-General (I-G):
a. Minimum lot area: 20,000 square feet;
b. Front yard setback: 20 feet;
c. Exterior side yard setbacks: 15 feet;
d. Side yard setbacks: 20 feet; and
e. Rear yard setback: 20 feet.
f. Landscaping shall be required at a minimum rate of 15 percent site coverage.
Development of land designated as Industrial General is subject to the I-General
Industrial zone, Chapter 19.46 of the Chula Vista Municipal Code, except as modified
by the provisions of this Specific Plan.
5. Industrial-Research and Limited (I-R):
a. Minimum lot area: 10,000 square feet;
b. Front yard setback: 30 feet;
c. Exterior side yard setbacks: 15 feet;
d. Side yard setbacks: 20 feet; and
e. Rear yard setback: 20 feet.
f. Landscaping shall be required at a minimum rate of 15 percent site coverage.
6. Limited Industrial (I-L)
a. For Parcel Area 3-k refer to the Chula Vista Zoning Code, CVMC 19.44.080.
7. Residential -Mixed Harbor District (R-MH):
a. Set backs for Residential -Mixed Harbor District are 0 feet on all sides from
the parcel boundary in order to achieve an urban street environment and
provide the flexibility to maximize view corridors and public areas between
buildings within the residential zone. The architectural designs shall blend
with the aesthetics of surrounding structures.
b. Landscaping shall be required at a rate of 15 percent site coverage.
19.85.011 Grading and Drainage.
1. Special care shall be taken in development proposals adjacent to sensitive habitat to
avoid or minimize problems of silting and oil or chemical leakage. Some diversion of
water is necessary and one or more desilting/retention basins may be required in
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development projects to protect and enhance the biological and water quality of the
habitat.
2. All development for properties within the coastal zone shall comply with the following
requirements:
a. A grading plan that incorporates runoff and erosion control procedures to be
utilized during all phases of project development shall be prepared and
submitted concurrently with subdivision improvement plans or planned unit
development plans where such development is proposed to occur on lands
that will be graded or filled. Such a plan shall be prepared by a registered civil
engineer and shall be designed to ensure that runoff rates will be controlled to
minimize the potential for siltation in wetlands. The erosion control measures
and hydrology calculations shall be based on the 6-hour, 10-year design
storm, or on the storm intensity designated in the subdivision manual, in the
event that the subdivision manual requirement is more stringent. Runoff
control shall be accomplished by establishing on-site, or at suitable nearby
locations, catchment basins, detention basins, and siltation traps along with
energy dissipating measures at the terminus of storm drains, or other similar
means of equal or greater effectiveness.
b. Sediment basins (debris basins, desilting basins, or silt traps) shall be
installed in conjunction with the initial grading operations and maintained
through the development process as necessary to remove sediment from
runoff waters draining from the land undergoing development. Areas
disturbed but not completed prior to November 1, including graded pads and
stockpiles, shall be suitably prepared to prevent excessive soil loss during the
late fall and winter seasons. All graded areas shall be stabilized prior to
November 1, by means of native vegetation, if feasible, or by other suitable
means approved by the City.
The use of vegetation as a means to control site erosion shall be
accomplished pursuant to plans and specifications prepared by a licensed
landscape architect or other qualified professional. Erosion control utilizing
vegetation may include, but is not limited to, seeding, mulching, fertilization,
and irrigation within sufficient time prior to November 1 to provide landscape
coverage that is adequate to achieve the provisions of this policy. Temporary
erosion control measures shall include the use of berms, interceptor ditches,
filtered inlets, debris basins, silt traps, or other similar means of equal or
greater effectiveness.
From November 1 to March 31, grading may be permitted, provided the
applicant conforms to the requirements of subsection (2)(c) of this section and
submits monthly documentation within 2 weeks following the end of the
preceding month to the City Engineer of the condition of the erosion control
procedures for graded pads, slopes, and stockpiles whenever precipitation
during the month exceeds 2 inches.
c. From November 1 to March 31, grading may occur in phased increments as
determined by the City Engineer, provided all of the following requirements
have been met. Grading from April 1 through October 31 shall be subject to
standard practices.
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1) The increments shall be limited to those areas that have been prepared to
control the effects of soil erosion. Control measures, such as
sedimentation basins detention basins and other facilities, shall be
scheduled and placed in a sequence that shall minimize and control the
off-site transportation of sediments. Such erosion control measures shall
be installed for such increments prior to commencing any grading that
would be performed during the period between November 1 and March
31.
2) The applicant shall post a deposit for such areas to be graded, which
shall remain in force and effect for 1 year after final inspection approval of
grading by the City. The deposit shall be sufficient to cover the costs of
any remedial grading and replanting of vegetation, including any
restoration of wetlands, or other environmentally sensitive habitat areas
adversely affected by the failure of the erosion control measures required
herein, as determined by the City Engineer. The deposit will inure to the
benefit of the City in case of noncompliance as determined by the City
Engineer.
3) The applicant agrees to provide daily documentation to the City Engineer
of the condition of the erosion control procedures for any 24-hour period
in which precipitation exceeds 0.25 inches. Such documentation shall be
provided within 5 working days of said 24-hour period. Failure to provide
such documentation of the occurrence of any significant discharge of
sediments or silts in violation of this policy shall constitute grounds for
suspension of the applicant's grading permit(s) during the period of
November 1 to March 31.
d. The following additional safeguards shall be required for grading between
November 1 and March 31:
1) A 100-foot buffer is required between permanent open space wetlands
associated with the nature reserves and grading activities.
2) A silt fence (or equal) shall be installed between graded areas and all
wetlands. A distance of 10 feet is required between the silt fence and the
toe of any manufactured slope.
3) The maximum slope permitted is 3:1.
3. Erosion Control Monitoring Program for Chula Vista Coastal Zone Areas.
a. Overall field review of grading operations will be performed by the City on
each grading project in the coastal zone.
b. Field review of erosion control devices, sedimentation basins, detention
basins, and landscaping will be made by the City Engineer prior to the advent
of the rainy season, and throughout the rainy season as necessary to monitor
grading operations phased between November 1 and March 31. The City
Engineer shall document noncompliance of projects with the grading and
erosion control requirements and correct problems with funds from the deposit
posted by the applicant.
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c. The City Engineer will periodically review and prepare a report on the
effectiveness of the runoff and erosion control measures for areas within the
Chula Vista coastal zone. The initial report shall be completed within 2 years
following February 1989 and thereafter 6 months prior to any scheduled
review by the California Coastal Commission of the LCP for the City. A copy of
the report shall be submitted to the Chula Vista City Council and to the
Executive Director of the Coastal Commission.
4. All areas disturbed by grading shall be planted within 60 days of the initial
disturbance and prior to November 1 with temporary or permanent (in the case of
finished slopes) erosion control methods. Such planting shall be accomplished under
the supervision of a licensed landscape architect and shall consist of seeding,
mulching, fertilization, and irrigation adequate to provide 90 percent coverage within
90 days. Planting shall be repeated if the required level of coverage is not
established. This requirement shall apply to all distributed soils including stockpiles.
5. Refer also to Chapter 19.86 CVMC, Environmental Management Program, for
additional requirements concerning grading. (Ord. xxxx, 200X).
19.85.012 Special Conditions
Special Condition "A". Specific development plans for the development of Parcel
Area 2b property located south of "F" Street and west of the SDG&E ROW shall be
subject to CVRC review and Redevelopment Agency approval based on the
following guidelines:
a. Building setbacks shall be:
1) For buildings 44 feet or less in height, as specified in CVMC 19.85.009.
2) For buildings 44 to 95 feet in height:
(a) From "F" Street: 200 feet;
(b) From USFWS property ("F&G" Street marsh): 200 feet; and
(c) From SDG&E ROW: 50 feet.
b. Building FAR. A maximum FAR of 0.75 (including SDG&E landscaped parking
area bonus) on the subject site is allowed with one new building permitted on
such site to exceed the 44-foot height limit, provided that (i) a reduction in the
total gross square footage of structures presently located on the Goodrich
campus south of the subject site is effected through the demolition or removal
of such existing structures selected by Goodrich totaling 125,000 square feet
(which is commensurate with the additional allowed FAR on the subject site),
(ii) such demolition or removal is completed within 1 year following occupancy
of such new building, (iii) the footprint of such new building does not exceed 5
percent of the total area of the subject site (excluding the area encompassed
within that portion of the SDG&E ROW adjacent to the subject site), and (iv)
the setbacks on the subject site specified above are met.
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c. Development plans shall include a comprehensive landscaping plan that
indicates enhanced landscaping at the project edges and within the SDG&E
landscaped parking area.
d. Pedestrian or other off-street circulation connections to adjacent industrial and
business park uses shall be provided.
e. Project shall comply with all citywide threshold standards for infrastructure
improvements and public services; specifically, associated traffic impacts will
be mitigated to alevel-of-service (LOS) "D" or better at the Bay Boulevard/E
Street/Interstate 5 interchange.
f. All buildings on-site shall reflect a common, high-quality architectural design
and construction standard.
2. Special Condition "B". Specific development plans for the development of Parcel
Areas 2-g and 3-a properties located at the northeast and southeast corner of Bay
Boulevard and J Street shall be subject to CVRC review and Redevelopment Agency
approval based on the following guidelines:
a. The maximum FAR shall be 0.50.
b. Maximum building height shall be 45 feet.
c. Building setbacks shall be:
Location Setback
J Street (to maintain view corridor) 30 ft.*
Bay Boulevard 30 ft.
Adjacent to Interstate 5 freeway 25 ft.
From intersection of J Street and Bay Boulevard 60 ft.
(measured perpendicular to angular corner property line)
Notes:
" 50-foot setback required for construction exceeding a building height of 28 feet
d. Architectural features, such as a tower, with floor areas not exceeding 10
percent of the ground floor area, may exceed the 45-foot height limit by 15
feet. (Note: For calculation of the tower area, land over the drainage channel
shall be included in ground floor calculations to the extent the second floor
spans the channel.) One architectural tower shall be allowed on the combined
Parcel Area 3-a.
e. Landscaping of the site shall be 15 to 20 percent of the total lot area.
f. Minimum landscaping depths along street frontages shall be 15 feet in width.
g. Elevations facing the freeway shall be articulated in massing or architectural
treatment.
h. Pedestrian linkages shall be provided to connect both sides of J Street as well
as linking the projects to the Bayfront development.
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i. Compact parking stalls shall be permitted with dimensions of 7.5 feet wide by
16 feet in length. The number of these stalls may be authorized to a maximum
of 20 percent of the required parking. (Ord. xxxx, 200X).
3. Special Condition "C". Sweetwater Marsh National Wildlife Refuge: Development
intensity is limited to the existing Chula Vista Nature Center facilities and other
structures that are approved by the USFWS. (Ord. xxxx, 200X).
4. Special Condition "D". The following special conditions shall apply to Commercial -
Visitor and Commercial -Administrative & Professional land uses on Parcel Area 2-
h:
a. Building setbacks for office shall be:
1) To all exterior boundaries: none. Tower stepback 10 feet minimum.
2) To interior boundaries that do not abut another land use: none.
b. Building setbacks for hotel shall be:
1) To all exterior boundaries: 0 feet minimum.
c. Building FAR. A maximum FAR of 3.0 on the subject site is allowed, provided
that (i) the setbacks on the subject site specified above are met and (ii) the
buildings are stepped back to preserve view corridors.
d. Development plans shall include a comprehensive landscaping plan.
e. Pedestrian or other off-street circulation connections to the residential
buildings in Parcel Area 2-f and other adjacent Bayfront areas shall be
provided.
f. Project shall comply with all citywide threshold standards for infrastructure
improvements and public services.
g. All buildings on-site shall reflect a common, high-quality architectural design
and construction standard.
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CHAPTER 19.86
BAYFRONT SPECIFIC PLAN -ENVIRONMENTAL MANAGEMENT PROGRAM
Sections:
19.86.001 Purpose and scope.
19.86.002 Resource elements.
19.86.003 Environmental management requirements.
19.86.004 Parcel Area Specific Environmental Management Requirements.
19.86.005 Environmental management of undelineated resources.
19.86.006 Additional diking, dredging, or filling of wetland areas.
19.86.007 Water quality requirements.
19.86.001 Purpose and Scope.
Public Resources Code Section 30240 (California Coastal Act) provides for the
protection of environmentally sensitive habitat areas. The purpose of this chapter is to
provide for such protection. (Ord. XXXX, 200X).
19.86.002 Resource Elements.
The proposed project site is relatively flat, although a slightly elevated area is located in
the Sweetwater District. The surface elevation of the site ranges between approximately
5 and 25 feet above mean sea level. The Sweetwater District is undeveloped and
currently composed primarily of fallow fields. The majority of vegetation is generally
ruderal with small areas of disturbed native habitats, including California coastal sage
scrub. The Harbor District and Otay District are generally developed and consist of
limited areas designated as jurisdictional waters.
Marine and biological resources are abundant in the project area, primarily due to its
proximity to San Diego Bay and the estimated 3,940-acre San Diego Bay Natural
Wildlife Refuge (SDBNWR) south of the Plan Area. The SDBNWR preserves mudflats,
salt marsh, submerged lands, and eelgrass beds that provide a fertile breeding ground
for a wide range of species, including many designated threatened and endangered
species. The Sweetwater Marsh National Wildlife Refuge, Chula Vista Nature Center,
and "F&G" Street Marsh are all components of the larger SDBNWR. The unique
ecosystem characteristics of the south San Diego Bay have made the area a resting site
on the Pacific Flyway for a wide variety of resident and migratory shorebirds and
waterfowl, as well as a fertile breeding ground for a range of aquatic and land species.
The major wetlands and related sensitive habitat areas within the Chula Vista Bayfront
area have been acquired by the USFWS and comprise the majority of the Sweetwater
Marsh National Wildlife Refuge, in addition to the "F&G" Street Marsh. With the
preservation of these areas the focus of these regulations is reducing and mitigating
impacts on the refuge from new development within the Bayfront in addition to protection
of other wetlands within the LCP Planning Area. (Ord. XXXX, 200X).
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19.86.003 Environmental Management Requirements.
1. Coordination.
a. Coordination with the Port in the development of plans and programs for areas
adjacent to the LCP Planning Area shall be maintained to ensure that
environmental management objectives in the Bayfront LUP can be
successfully implemented.
b. Coordination with the USFWS shall be maintained for the development of
plans and programs adjacent to the Sweetwater Marsh National Wildlife
Refuge. (Ord. xxxx, 200X).
2. All developments shall comply with the Chula Vista Multiple Species Conservation
Program (MSCP) Subarea Plan.
19.86.004 Environmental Management of Delineated Resources.
Wetland habitat(s) is to be avoided and to remain as open space in perpetuity. A buffer
zone shall be maintained around the wetland area to minimize impacts to the habitat
(see Section 19.86.006). No development (i.e., structures, pathways) shall be allowed in
the buffer zone. The buffer zone may include a fence to preclude residents and pets
from entering sensitive habitat. Wetlands will be mitigated per Section 19.86.006.
A 100-foot buffer zone shall be maintained around wetlands associated with the "J"
Street Marsh in the Otay District to minimize direct impact to the habitat.
The buffer zone is limited to pathways and fencing to protect the area and provide
pedestrian view points of the marsh and coastal area. Fences around the pond must be
visually appealing and protect view corridors toward the waterfront and marshes.
19.86.005 Environmental Management of Undelineated Resources.
Sensitive habitats exist in areas not delineated, including, but are not limited to, Parcel
Area 3-k and the "F&G" Street Marsh. It is required that all environmental resources are
analyzed by an environmental professional, and that an environmental management
plan is adopted to protect any sensitive habitats discovered, prior to the commencement
of any additional development. (Ord. XXXX, 200X).
19.86.006 Additional Diking, Dredging, or Filling of Wetland Areas.
Diking, dredging, or filling of wetland areas consistent with the provisions of this
environmental management plan shall be limited to the specific projects incorporated
into this plan for the creation of new or enhanced wetlands areas, very minor incidental
public facilities, restorative measures, and nature study. Mitigation for all disturbance of
wetland areas shall be provided at the ratio of 4:1 with an approved combination of
creation and enhancement. A ratio of less than 4:1 can be applied if approved by the
City and resources agencies. For riparian resources, mitigation shall occur at a ratio of
3:1 replacement for impacted area. Open space preservation in perpetuity of sensitive
resource areas will also be required pursuant to an appropriate mechanism. No other
diking, dredging or filling of wetlands or other wet environmentally sensitive habitat areas
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shall be permitted without prior Coastal Commission approval through the LCP
amendment process.
Buffer zones of 100 feet in width shall be maintained around all identified wetland areas,
including the Sweetwater Marsh National Wildlife Marsh and the "F&G" Street Marsh
with the exception of any wetlands within Parcel Area 2-f for which a 50-foot buffer will
be required. All buffers shall be as designated above unless the applicant demonstrates
that a buffer of lesser width will protect the identified resources, based on site-specific
information. Such information shall include, but is not limited to, the type and size of the
development, the specific impact, and proposed mitigation (such as planting of
vegetation or the construction of fencing), that will also achieve the purposes of the
buffer.
Development within the buffer zone shall be limited to construction of a pedestrian
pathway within the upper half of the buffer with fencing or other improvements deemed
necessary to protect sensitive habitat in the upper half of the buffer. The buffer shall be
measured landward of the delineated resource. Buffer zones shall be permanently
protected as open space through the use of deed restrictions or other appropriate
mechanisms. Passive recreational uses are restricted to the upper half of the buffer
zone. If the project involves substantial improvements or increased human impacts, such
as subdivisions, a wider buffer may be required. (Ord. xxxx, 200X).
19.86.007 Water Quality Requirements.
1. Watershed Planning.
a. The City shall support and participate in watershed-based planning efforts with
the County of San Diego and the San Diego Regional Water Quality Control
Board. Watershed planning efforts shall be facilitated by helping to:
1) Pursue funding to support the development of watershed plans.
2) Identify priority watersheds where there are known water quality problems
or where development pressures are greatest.
3) Assess land uses in the priority areas that degrade coastal water quality.
4) Ensure full public participation in the plan's development.
2. New Development.
a. New development shall be sited and designed to protect water quality and
minimize impacts to coastal waters by incorporating measures designed to
ensure the following:
1) Protect beneficial uses of waters, areas necessary to maintain riparian
and aquatic biota, and/or areas that are susceptible to erosion and
sediment loss.
2) Limit increases of impervious surfaces.
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3) Limit land disturbance activities such as clearing and grading, and cut-
and-fill to reduce erosion and sediment loss.
4) Limit disturbance of natural drainage features and vegetation.
b. New development shall not result in the degradation of the water quality of
groundwater basins or coastal surface waters including the ocean, coastal
streams, or wetlands. Urban runoff pollutants shall not be discharged or
deposited such that they adversely impact water resources (groundwater,
coastal waters, wetlands, streams) consistent with the local National Pollutant
Discharge Elimination System Storm Water Municipal Permit.
c. Development must be designed to minimize, to the maximum extent
practicable, the introduction of pollutants of concern (as defined in the City's
Standard Urban Storm Water Mitigation Plan [SUSMP]) that may result in
significant impacts from site runoff from impervious areas.
d. New development must comply with the requirements of the City's SUSMP
and the City's Development and Redevelopment Projects Storm Water
Management Standards Requirements Manual, including the preparation of
required water quality documents and the implementation of source control,
site design, and treatment Best Management Practices (BMPs).
e. Post-development peak flow discharge rates for the 100-year storm event
shall not exceed the pre-development rate.
f. Post-construction treatment BMPs shall be designed to treat, infiltrate, or filter
runoff produced by the 85th percentile, 24-hour storm event for volume-based
BMPs and the 85th percentile, 1-hour storm event for flow-based BMPs, as
required by the City's SUSMP.
g. Public streets and parking lots shall be swept frequently to remove debris and
contaminant residue. For private streets and parking lots, the property owner
shall be responsible for frequent sweeping to remove debris and contaminant
residue.
h. The City should develop and implement a program to detect and remove illicit
connections and to stop illicit discharges.
New development that requires a grading permit or storm water management
document shall include landscaping and revegetation of graded or disturbed
areas, consistent with the landscape requirements of the LCP and City
requirements. Areas adjacent to preserved open space shall use native
plants to the maximum extent practicable to reduce the potential for invasive
species introduction.
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CHAPTER 19.87
BAYFRONT SPECIFIC PLAN -INFRASTRUCTURE FINANCING AND FUNDING
MECHANISMS
Sections:
19.87.001 Redevelopment Funds.
19.87.002 Community Development Block Grants (CDBG).
19.87.003 Business Improvement Districts.
19.87.004 Development Impact Fees.
19.87.005 TransNet.
19.87.006 Grant Funding.
19.87.007 General Fund.
19.87.008 Other Funding Sources.
19.87.009 Relation of Funding to Other Bayfront Specific Plan Provisions.
The following is a list of commonly used mechanisms to fund public facilities. The City
may currently be utilizing some of these mechanisms, but there may be opportunities for
better leveraging of funding or for pursuing new funding sources.
19.87.001 Redevelopment Funds.
The majority of the LCP Planning Area is within a Redevelopment Project Area. For that
portion of the plan area, the following funding mechanisms may be employed.
1. Tax Increment Financing (TIF).
TIF is the increase in property tax revenues resulting from an increase in assessed
property values that exceed base year values. Within a redevelopment project area, the
Redevelopment Agency collects a substantial majority of the tax increment financing
monies accrued in the project area. All tax increment monies generated and adopted in
redevelopment project areas are allocated among four basic public uses: schools,
neighborhood improvements, affordable housing, and other public agencies. This
funding source provides a critical means to revitalization and public improvement
activities by enabling redevelopment agencies to issue tax increment bonds without
using general fund monies or raising taxes.
2. Set Aside Funds
State law requires that at least 20 percent of all tax increment financing dollars accrued
within a redevelopment project area must be set aside and "used by the agency for the
purposes of increasing, improving, and preserving the community's supply of low- and
moderate-income housing ..." (Health and Safety Code §33334.2(a)). The set aside
funds must be held in a separate Low and Moderate Income Housing Fund until used,
along with any interest earned and repayments to the housing fund (§33334.3). The set
aside funds may be used inside or outside of the project area but must benefit the
project area. Use of set aside funds for the purposes of increasing, improving, and
preserving the community's supply of low- and moderate-income housing may include,
but is not limited to, the following:
a. Acquisition and donation of land for affordable housing;
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b. Construction and rehabilitation of affordable housing units;
c. Financing insurance premiums for the construction and rehabilitation of
affordable housing units;
d. Providing subsidies to, or for the benefit of, extremely low, very low, and lower
income households as well as persons and families of low or moderate
income;
e. Paying principal and interest on bonds, loans, advances or other
indebtedness, and financing or carrying charges;
f. Maintaining the supply of mobile homes; and
g. Preserving "at risk" affordable housing units threatened with imminent
conversion to market rate units.
19.87.002 Community Development Block Grants (CDBG)
CDBG is a Federal grant program administered by the U.S. Department of Housing and
Urban Development. CDBG is administered on a formula basis to entitled cities, urban
counties, and states to develop viable urban communities by providing decent housing
and a suitable living environment and by expanding economic opportunities, principally
for low- and moderate-income individuals. Eligible activities that may be proposed for
funding include, but are not limited to, housing, economic development, and public
facilities and improvements.
19.87.003 Business Improvement Districts
Business Improvement Districts (BIDs) or Property and Business Improvement Districts
(PBIDs) are mechanisms for assessing and collecting fees that can be used to fund
various improvements and programs within the district. There are several legal forms of
BIDs authorized by California law. The most common types are districts formed under
the Parking and Business Improvement Act of 1989. Business Improvement Areas
formed under the 1989 law impose a fee on the business licenses of the businesses
operating in the area, rather than the property owners. The collected funds are used to
pay for the improvements and activities specified in the formation documents. A similar
assessment procedure was authorized by the PBID Law of 1994. The distinction is that
the PBID makes the assessment on the real property and not on the business. A PBID is
currently in operation in the City's downtown area. Other areas of the Bayfront Specific
Plan may also be ideally suited for BID funding.
The range of activities that can potentially be funded through BIDs and PBIDs is broad
and includes parking improvements, sidewalk cleaning, streetscape maintenance,
streetscape improvements (e.g., furniture, lighting, planting, etc.), promotional events,
marketing and advertising, security patrols, public art, trash collection, landscaping, and
other functions. Generally speaking, the BID format works well for marketing and other
programmatic activities that serve to directly benefit area businesses (i.e., tenants),
whereas a PBID may be more appropriate for permanent physical improvements that
stand to improve property values in the area. Given the size and diversity of the LCP
Planning Area, it may be appropriate for separate BIDs or PBIDs to be formed for
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different regions within the plan area. In this way, the collected funding could be more
specifically targeted to the unique improvement and programmatic needs of each district.
19.87.004 Development Impact Fees
Property tax limitations imposed by Proposition 13, resulting in the decline in property
taxes available for public projects, has led local governments to adopt alternative
revenue sources to accommodate public facility and infrastructure demands resulting
from growth. Development Impact Fees is one of those sources. AB 1600 (Cortese),
which became effective on January 1, 1989, regulates the way that impact fees are
imposed on development projects. Impact fees are one-time charges applied to offset
the additional public facility provision costs from new development. This may include
provision of additional services, such as water and sewer systems, roads, schools,
libraries, and parks and recreation facilities. Impact fees cannot be used for operation,
maintenance, alteration, or replacement of existing capital facilities and cannot be
channeled to the local government's discretionary general funds. An impact fee cannot
be an arbitrary amount and must be explicitly linked to the added cost of providing the
facility towards which it is collected.
The City already has a range of impact fees that are updated periodically. It is important,
however, to realize that there are two primary aspects of capital costs (based on which
impacts fees are collected) -land costs and building costs. Though the latter can be
estimated at a citywide level and adjusted periodically using appropriate inflation factors,
land cost estimation is more complicated, especially when one considers significant
variations in land values within the City and the necessity to provide land intensive public
facilities, such as parks. As a result, the land acquisition component of a standardized
impact fee may not be consistent with the true costs involved.
19.87.005 TransNet
In 1987, voters approved the TransNet program - a half-cent sales tax to fund a variety
of important transportation projects throughout the San Diego region. This 20-year, $3.3
billion transportation improvement program expires in 2008. In November 2004, 67
percent of the region's voters supported Proposition A, which extends TransNet to 2048,
thereby generating an additional $14 billion to be distributed among highway, transit, and
local road projects in approximately equal thirds. In addition, it will support a robust
public transportation system, including new Bus Rapid Transit services and
carpool/managed lanes along many of the major freeways. Two percent of the available
funds will be earmarked annually for bicycle paths and facilities, pedestrian
improvements, and neighborhood safety projects. The San Diego Association of
Governments (SANDAG) sets the priorities and allocates TransNet funds.
19.87.006 Grant Funding
A variety of funding options are available though Federal, state, and local grant
programs. Many of the grant programs target urban revitalization efforts, smart growth
enhancements, and transportation planning and are provided on a competitive basis.
Current grant programs, such as the Smart Growth Incentive Pilot Program administered
through SANDAG, can provide significant funding toward projects that result in furthering
smart growth approaches, such as the elements embodied in the principles of the
Bayfront Specific Plan.
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19.87.007 General Fund
The City receives revenue from a variety of sources, such as property taxes, sales
taxes, fees for recreation classes, and plan checking. Revenue can be generally
classified into three broad categories: program revenue, general revenue, and restricted
revenue. Depending on the revenue source, the General Fund may be used for a variety
of purposes, such as capital improvement projects or streets, sewers, stormdrains, and
other infrastructure maintenance improvements.
19.87.008 Other Funding Sources
Examples of other funding sources that may be considered to assist in the
implementation of the community benefits outlined in this chapter include Ad Valorem
Property Taxes, the Sales and Use Tax, the Business License Tax, and the Transient
Occupancy Tax.
19.87.009 Relation of Funding to Other Bayfront Specific Plan Provisions
The funding mechanisms of this chapter will be used to implement a system of public
works as outlined in Section 19.85.007, 19.85.010, and 19.86.007. the remainder of
Chapters 19.85 and 19.86 represent a body of standards necessary to carry out the
objectives of the Bayfront Specific Plan with regard to regulating development and
maintenance of private property.
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