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Title 19
ZONING AND SPECIFIC PLANSChapters:
19.02 General Provisions
19.04 Definitions
19.06 General Plan
19.07 Specific Plans
19.08 Enforcement
19.09 Growth Management
19.10 Zones Established
19.12 Legislative Zoning Procedure
19.14 Administrative Procedures, Conditional Uses and Variances
19.16 Exceptions and Modifications
19.18 Zoning Map
19.20 Agricultural Zone
19.22 R-E – Residential Estates Zone
19.24 R-1 – Single-Family Residence Zone
19.26 R-2 – One- and Two-Family Residence Zone
19.27 MHP – Exclusive Mobilehome Park Zone
19.28 R-3 – Apartment Residential Zone
19.30 C-O – Administrative and Professional Office Zone
19.32 C-B – Central Business Zone
19.34 C-N – Neighborhood Commercial Zone
19.36 C-C – Central Commercial Zone
19.38 C-V – Visitor Commercial Zone
19.40 C-T – Thoroughfare Commercial Zone
19.42 I-R – Research Industrial Zone
19.44 I-L – Limited Industrial Zone
19.46 I – General Industrial Zone
19.47 P-Q – Public/Quasi-Public Zone
19.48 P-C – Planned Community Zone
19.50 F-1 – Floodway Zone
19.52 T – Tidelands Zone
19.54 Unclassified Uses
19.56 Modifying Districts
19.58 Uses
19.60 Signs
19.62 Off-Street Parking and Loading
19.64 Nonconforming Uses
19.66 Performance Standards
19.68 Performance Standards and Noise Control
19.69 Surface Mining Operations
19.70 Zoning Regulations for Montgomery
19.72 Zoning Regulations for Bonita-Sunnyside
19.80 Controlled Residential Development
19.81 Bayfront Specific Plan – Scope and Purpose
19.82 Bayfront Specific Plan – General Provisions
19.83 Bayfront Specific Plan – Coastal Development Permit Procedures
19.84 Bayfront Specific Plan – Land Use Classifications
19.85 Bayfront Specific Plan – Development Criteria
19.86 Bayfront Specific Plan – Environmental Management Program
19.87 Bayfront Specific Plan – Subarea Specific Development Standards
19.89 Wireless Telecommunications Facilities
Chapter 19.02
GENERAL PROVISIONSSections:
19.02.010 Objectives and scope of provisions.
19.02.020 Subject matter of regulations comprising title.
19.02.030 Principles governing provisions.
19.02.040 Interpretation of provisions.
19.02.050 Guest houses.
19.02.010 Objectives and scope of provisions.
The comprehensive zoning title is adopted to protect and promote the public health, safety, morals, peace, comfort, convenience, prosperity and general welfare. It is intended to implement the general plan of the city of Chula Vista adopted by Resolution No. 3519 on September 22, 1964, and as amended. (Ord. 1212 § 1, 1969; prior code § 33.101).
19.02.020 Subject matter of regulations comprising title.
The comprehensive zoning title shall consist of a zoning map, described in Chapter 19.18 CVMC, designating certain districts; regulations controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open space about structures, and the appearance of certain uses and structures; the areas and dimensions of sites; the location, size and illumination of signs; and requirements providing for off-street parking and off-street loading facilities. (Ord. 1212 § 1, 1969; prior code § 33.102).
19.02.030 Principles governing provisions.
This zoning title has been adopted in accordance with the following principles:
A. This title is based on the Chula Vista general plan as to the general pattern of future land uses, population densities, and other principles for future land development contained in said plan. Amendments to this title are to be in general accordance with said plan.
B. This title recognizes the need of all uses to be protected from other uses which are unrelated or incompatible. Each district is exclusive with respect to every other zoning district and industrial districts are protected from encroachment by residential uses as firmly as residential districts are protected from industrial encroachment.
C. This title recognizes the importance to the public welfare of order and beauty in the appearance of Chula Vista, implemented through provisions for the review of the appearance of many structures and buildings, and by provisions for site plan review and landscaping. Such provisions are intended to provide the minimum amount of regulation necessary to encourage orderliness of appearance.
D. Site area, yard, off-street parking and other standards in this title are based on the best accepted contemporary practices, and variance from the strict application of standards is available when individual hardship would otherwise occur.
E. For large-scale projects, an approved community plan or unit site plan may be substituted for strict compliance with otherwise applicable standard district regulations.
F. Uses which would adversely affect adjoining uses or the public welfare, unless designed in a particular way or permitted only in certain locations, or which cannot be readily placed in a particular zoning classification, are allowed only as conditional uses, subject to the authority of the planning commission.
G. All uses are subject to control by performance standards, to enable potential nuisances to be measured factually and objectively and to protect any uses from arbitrary exclusion or persecution based solely on past characteristics of such uses. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.103).
19.02.040 Interpretation of provisions.
In interpreting and applying the provisions of this title, the department and commission shall construe said provisions to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this title shall control. (Ord. 1212 § 1, 1969; prior code § 33.104).
19.02.050 Guest houses.
Notwithstanding any provisions of the Chula Vista Municipal Code to the contrary, guest houses may not be constructed within the city after July 23, 1985. (Ord. 2124 § 1, 1985).
Chapter 19.04
DEFINITIONSSections:
19.04.002 Definitions and construction of terms generally.
19.04.004 Access.
19.04.006 Accessory use or structure.
19.04.007 Adult bookstore.
19.04.007A Adult motion picture theater.
19.04.007B Adult mini-motion picture theater.
19.04.008 Agent of owner.
19.04.010 Agriculture.
19.04.012 Alley.
19.04.013 Amusement facility.
19.04.014 Apartment, efficiency.
19.04.015 Auction.
19.04.016 Automobile dismantling.
19.04.018 Automobile or trailer sales area.
19.04.020 Automobile repair, major.
19.04.022 Automobile maintenance and repair, minor.
19.04.024 Automobile service station.
19.04.026 Basement.
19.04.028 Beginning of construction.
19.04.030 Block.
19.04.032 Boardinghouse or lodginghouse.
19.04.034 Boatel.
19.04.035 Body painting studio.
19.04.036 Building.
19.04.038 Building, height of.
19.04.039 Building, high rise.
19.04.040 Building line map.
19.04.042 Building, main.
19.04.044 Bulkhead.
19.04.045 Carnival.
19.04.046 Carport.
19.04.047 Cabaret.
19.04.048 Cellar.
19.04.050 Chula Vista general plan.
19.04.051 Coin-operated adult entertainment facility.
19.04.052 Commission.
19.04.054 Communication equipment building or use.
19.04.055 Community purpose facility.
19.04.056 Council.
19.04.058 Court.
19.04.060 Coverage.
19.04.062 Crop and tree farming.
19.04.063 Dancehall and dance floor.
19.04.064 Day nursery.
19.04.066 Development unit.
19.04.068 Distance between residential structures.
19.04.070 Dock.
19.04.072 Driveway.
19.04.074 Dwelling.
19.04.076 Dwelling group.
19.04.078 Dwelling, single-family.
19.04.080 Dwelling, two-family or duplex.
19.04.082 Dwelling, multiple.
19.04.084 Dwelling, townhouse.
19.04.086 Dwelling unit.
19.04.087 Dwelling, accessory second unit.
19.04.088 Efficiency living unit.
19.04.090 Essential services.
19.04.092 Family.
19.04.093 Family day care.
19.04.094 Family day care home, large.
19.04.095 Family day care home, small.
19.04.096 Filling station.
19.04.097 Floor area ratio (residential).
19.04.098 Full-time foster home.
19.04.100 Garage, private.
19.04.102 Garage, public.
19.04.104 General development plan.
19.04.106 Guest house.
19.04.107 Hazardous waste facility.
19.04.108 Home occupation.
19.04.110 Hospital.
19.04.112 Hotel.
19.04.114 Houseboat.
19.04.116 Junkyard.
19.04.118 Kennel.
19.04.120 Kitchen or kitchenette.
19.04.122 Landscape manual.
19.04.124 Landscaping.
19.04.126 Lot.
19.04.128 Lot area.
19.04.130 Lot, corner.
19.04.132 Lot depth.
19.04.134 Lot, interior.
19.04.136 Lot line, front.
19.04.138 Lot line, interior.
19.04.140 Lot line, rear.
19.04.142 Lot line, side.
19.04.144 Lot line, street or alley.
19.04.146 Lot lines.
19.04.148 Lot of record.
19.04.150 Lot, through.
19.04.152 Lot width.
19.04.153 Massage parlor.
19.04.154 Mobilehome.
19.04.155 Model studio.
19.04.156 Motor hotel, including motel and hotel.
19.04.157 Narcotic or drug paraphernalia shop.
19.04.158 Nonconforming structure.
19.04.160 Nonconforming use.
19.04.162 Nursing home.
19.04.164 Off-shore.
19.04.166 On-shore.
19.04.168 Open space, usable.
19.04.170 Parking area, private.
19.04.172 Parking area, public.
19.04.174 Parking space.
19.04.176 Performance standards.
19.04.178 Permitted use.
19.04.179 Pet shop.
19.04.180 Pharmacy, prescription.
19.04.182 Planned development permit.
19.04.184 Poultry farm.
19.04.188 Prescription pharmacy.
19.04.190 Quasi-public.
19.04.192 Recreation, commercial.
19.04.194 Recreation, private, noncommercial.
19.04.196 Recreation, public.
19.04.198 Residential density.
19.04.199 Salvage yard.
19.04.200 Satellite dish antenna.
19.04.201 Senior housing development.
19.04.202 Service station.
19.04.204 Setback.
19.04.205 Sexual encounter studio.
19.04.205.1 Sexually explicit material.
19.04.206 Shoreline.
19.04.268 Repealed.
19.04.270 Specified anatomical area.
19.04.271 Specified sexual activity.
19.04.272 Stable, private.
19.04.274 Stable, riding.
19.04.276 Story.
19.04.278 Story, first.
19.04.280 Story, half.
19.04.282 Story, mezzanine.
19.04.284 Street.
19.04.286 Street, private.
19.04.288 Structural alteration.
19.04.290 Structure.
19.04.291 Surface mining operations.
19.04.292 Tideland.
19.04.294 Townhouses.
19.04.296 Trailer camp, trailer park or mobilehome park.
19.04.298 Trailers.
19.04.300 Underwater land.
19.04.302 Usable open space.
19.04.304 Unified control.
19.04.306 Waterfront land.
19.04.308 Yard, front.
19.04.310 Yard, front, least depth.
19.04.312 Yard, front, least depth – How measured.
19.04.314 Yard, rear.
19.04.316 Yard, rear, least depth.
19.04.318 Yard, side.
19.04.320 Yard, side, least width.
19.04.322 Yard, side, least width – How measured.
19.04.324 Zone.
19.04.326 Zoning map.
19.04.328 Zoning permit.
19.04.330 Zoning wall or fence.
19.04.002 Definitions and construction of terms generally.
Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not directionary.
Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the city: “assessor,” “city council” (or “council”), “city planning commission” (or “commission”), “director of public works,” “director of planning,” “zoning administrator,” or “building inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the city who is lawfully authorized to perform any duty or exercise any power as his or its representative or agent. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.004 Access.
“Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.006 Accessory use or structure.
“Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.007 Adult bookstore.
A. “Adult bookstore” means an establishment which devotes more than 15 percent of the total floor area utilized for the display of books and periodicals to the display and sale of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, or other forms of visual or audio representations, which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or
2. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
B. An “adult bookstore” does not include an establishment that sells books or periodicals as an incidental or accessory part of its principal stock-in-trade and does not devote more than 15 percent of the total floor area of the establishment to the sale of books and periodicals. (Ord. 2188 § 1, 1987; Ord. 1855 § 2, 1979).
19.04.007A Adult motion picture theater.
“Adult motion picture theater” means an enclosed building with a capacity of 50 or more persons used for presenting material having as a dominant purpose, distinguished or characterized by, an emphasis on matter depicting, describing or relating to a specified sexual activity or a specified anatomical area (as defined in this chapter) for observation by patrons therein. (Ord. 1855 § 2, 1979).
19.04.007B Adult mini-motion picture theater.
“Adult mini-motion picture theater” means an enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to a specified anatomical area or a specified sexual activity (as defined in this chapter) for observation by patrons therein. (Ord. 1855 § 2, 1979).
19.04.008 Agent of owner.
“Agent of owner” is any person who can show certified written proof that he is acting for the property owner. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.010 Agriculture.
“Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce; provided, however, that the operation of any such accessory use shall be secondary to that of normal uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.012 Alley.
“Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.013 Amusement facility.
“Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines.
A. “Amusement arcade or center” means a facility wherein are found games, coin-operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public.
B. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services.
C. “Amusement games or machines as accessory uses” means not more than three coin-operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. (Ord. 2053 § 1, 1983).
19.04.014 Apartment, efficiency.
“Efficiency apartment” means a dwelling unit in a multifamily building, consisting of not more than one habitable room, together with cooking and sanitary facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.015 Auction.
“Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. (Ord. 2584 § 3, 1994).
19.04.016 Automobile dismantling.
For “automobile dismantling,” see “junkyard”. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.018 Automobile or trailer sales area.
“Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.020 Automobile repair, major.
“Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.022 Automobile maintenance and repair, minor.
“Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the commission. (Ord. 2633 § 3, 1995; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.024 Automobile service station.
“Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. (Ord. 2162 § 1, 1986; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.026 Basement.
“Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.028 Beginning of construction.
“Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.030 Block.
“Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of-way, watercourses, large tracts of land in uses such as parks and golf courses, or a city boundary. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.032 Boardinghouse or lodginghouse.
“Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. (Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.034 Boatel.
“Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.035 Body painting studio.
“Body painting studio” means a business establishment wherein the patrons may apply paint or similar matter to another unclothed or partially unclothed person. (Ord. 1855 § 2, 1979).
19.04.036 Building.
“Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.038 Building, height of.
“Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.039 Building, high rise.
“High rise building” means any structure which is five stories or more in height. (Ord. 1689 § 1, 1976).
19.04.040 Building line map.
The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the planning department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.042 Building, main.
“Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.044 Bulkhead.
“Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.045 Carnival.
“Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. (Ord. 2075 § 1, 1984).
19.04.046 Carport.
“Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.047 Cabaret.
“Cabaret” means a place of business which features topless dancers, bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. (Ord. 1855 § 2, 1979).
19.04.048 Cellar.
“Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.050 Chula Vista general plan.
“Chula Vista general plan” means the general plan for the city, as adopted by the city council on September 22, 1964, and as amended from time to time. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.051 Coin-operated adult entertainment facility.
“Coin-operated adult entertainment facility” means a business establishment containing one or more coin-operated entertainment devices, such as moving picture apparatus or similar devices, which depict a specified anatomical area or a specified sexual activity (as defined in CVMC 19.04.270 and 19.04.271) for observation by patrons. (Ord. 1855 § 2, 1979).
19.04.052 Commission.
“Commission” means the city planning commission of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.054 Communication equipment building or use.
“Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi-public use, where such use is referred to in the zoning regulations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.055 Community purpose facility.
“Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). (Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2452A § 1, 1991).
19.04.056 Council.
“Council” means the city council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.058 Court.
“Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.060 Coverage.
“Coverage” means the percent of the total site area covered by structures other than those excepted in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.062 Crop and tree farming.
“Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.063 Dancehall and dance floor.
“Dancehall” means a business establishment wherein the patrons thereof may dance with another person for a fee other than a price of admission to such establishment. “Dance floor” means a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. (Ord. 2273 § 3, 1988; Ord. 1855 § 2, 1979).
19.04.064 Day nursery.
“Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. (Ord. 1494 § 6, 1973; prior code § 33.1401).
19.04.066 Development unit.
“Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.068 Distance between residential structures.
“Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.070 Dock.
“Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.072 Driveway.
“Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.074 Dwelling.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a tent, cabin, trailer or mobilehome. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.076 Dwelling group.
“Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.078 Dwelling, single-family.
“Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.080 Dwelling, two-family or duplex.
“Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.082 Dwelling, multiple.
“Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.084 Dwelling, townhouse.
“Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.086 Dwelling unit.
“Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.087 Dwelling, accessory second unit.
“Accessory second dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. (Ord. 2897 § 1, 2003).
19.04.088 Efficiency living unit.
“Efficiency living unit” means any room having cooking facilities and used for combined living, dining and sleeping purposes and meeting the requirements of Section 17315 of Part 7 of the State Housing Law, Title 8, Chapter 9, Article 8. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.090 Essential services.
“Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.092 Family.
“Family” means an individual, or two or more persons, related by blood, marriage or adoption, or a group including unrelated individuals bearing the generic character of and living together as a relatively permanent bona fide housekeeping unit sharing such needs as cooking facilities. (Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.093 Family day care.
“Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.094 Family day care home, large.
“Family day care home, large” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.095 Family day care home, small.
“Family day care home, small” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to eight or fewer children, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985).
19.04.096 Filling station.
For “filling station,” see “automobile service station.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.097 Floor area ratio (residential).
“Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. (Ord. 2144 § 1, 1986).
19.04.098 Full-time foster home.
“Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. (Ord. 1494 § 6, 1973; prior code § 33.1401).
19.04.100 Garage, private.
“Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.102 Garage, public.
“Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.104 General development plan.
“General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.106 Guest house.
“Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one-year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. (Ord. 2145 § 1, 1986).
19.04.107 Hazardous waste facility.
“Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. (Ord. 2542 § 1, 1993).
19.04.108 Home occupation.
“Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.110 Hospital.
“Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.112 Hotel.
“Hotel” means a building or group of buildings comprising six or more individual sleeping or living units without kitchens, except as otherwise provided herein, for the accommodation of transient guests. (Ord. 2034 § 1, 1983; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.114 Houseboat.
“Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.116 Junkyard.
“Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.118 Kennel.
“Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. (Ord. 2267 § 3, 1988; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.120 Kitchen or kitchenette.
“Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.122 Landscape manual.
“Landscape manual” refers to the landscape manual adopted by the city council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.124 Landscaping.
“Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.126 Lot.
“Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.128 Lot area.
“Lot area” means the computed area contained within the lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.130 Lot, corner.
“Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.132 Lot depth.
“Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.134 Lot, interior.
“Interior lot” means a lot other than a corner lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.136 Lot line, front.
“Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.138 Lot line, interior.
For “interior lot line,” see “lot line, side.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.140 Lot line, rear.
“Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply:
A. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or
B. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or
C. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.142 Lot line, side.
“Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.144 Lot line, street or alley.
“Street or alley lot line” means a lot line separating the lot from a street or alley. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.146 Lot lines.
“Lot lines” means the property lines bounding the lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.148 Lot of record.
For “lot of record,” see CVMC 19.16.020. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.150 Lot, through.
“Through lot” means a lot having frontage on two parallel or approximately parallel streets. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.152 Lot width.
“Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.153 Massage parlor.
“Massage parlor” means a massage establishment as defined in CVMC 5.36.030. (Ord. 1855 § 2, 1979).
19.04.154 Mobilehome.
For “mobilehome,” see “trailers.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.155 Model studio.
“Model studio” means a business establishment wherein the patrons may view, paint, draw or photograph a live model who is unclothed or partially unclothed. (Ord. 1855 § 2, 1979).
19.04.156 Motor hotel, including motel and hotel.
“Motor hotel, including motel and hotel” means a building or group of buildings comprising individual sleeping or living units, provided not more than 30 percent of the individual living units may contain kitchen facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.157 Narcotic or drug paraphernalia shop.
“Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. (Ord. 1954 § 1, 1981).
19.04.158 Nonconforming structure.
“Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.160 Nonconforming use.
“Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.162 Nursing home.
“Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.164 Off-shore.
“Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.166 On-shore.
“On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.168 Open space, usable.
“Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.170 Parking area, private.
“Private parking area” means an open area for the same uses as a private garage. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.172 Parking area, public.
“Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.174 Parking space.
“Parking space” means a permanently surfaced area of a size defined by planning commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.176 Performance standards.
“Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.178 Permitted use.
For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.179 Pet shop.
“Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” (Ord. 2267 § 4, 1988).
19.04.180 Pharmacy, prescription.
For “pharmacy, prescription,” see “prescription pharmacy.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.182 Planned development permit.
“Planned development permit” means a permit issued by the city planning commission, authorizing the actual development and construction within a planned community zone. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.184 Poultry farm.
“Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.188 Prescription pharmacy.
“Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.190 Quasi-public.
“Quasi-public” means used as or seemingly public. For the purposes of this title, electrical substations shall be considered quasi-public uses, of a public service type. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.192 Recreation, commercial.
“Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.194 Recreation, private, noncommercial.
“Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.196 Recreation, public.
“Public recreation” means publicly owned or operated recreation facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.198 Residential density.
“Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.199 Salvage yard.
For “salvage yard,” see “junkyard.” (Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.200 Satellite dish antenna.
“Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. (Ord. 2108 § 1, 1985).
19.04.201 Senior housing development.
“Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. (Ord. 1878 § 1, 1979).
19.04.202 Service station.
For “service station,” see “automobile service station.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.204 Setback.
For “setback,” see specific “yard” definitions. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.205 Sexual encounter studio.
“Sexual encounter studio” means a business establishment wherein the patrons thereof are invited to discuss sexual matters or engage in sexual activities with an unclothed or partially unclothed person and who pay a fee for such discussion or activities; provided, however, that this definition shall not encompass any sexual activities or practices prohibited under the laws of the state and does not constitute a condonation of any sexual activities by the city. This definition does not include therapy sessions conducted by physicians, therapists and counselors licensed and regulated by the state. (Ord. 1855 § 2, 1979).
19.04.205.1 Sexually explicit material.
“Sexually explicit material” means any book, magazine, periodical, pamphlet, display or other printed matter or photograph which contains on the front or back cover visual representations or depictions of specified sexual activities or specified anatomical areas (as same are defined by CVMC 19.04.271 and 19.04.270 respectively). (Ord. 2379 § 1, 1990).
19.04.206 Shoreline.
“Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.208 – 19.04.268
Repealed by Ord. 2924 § 3, 2003.
19.04.270 Specified anatomical area.
“Specified anatomical area” means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Less than completely and opaquely covered human genitals, pubic regions, buttocks, and female breasts below a point immediately above the top of the areola; and
C. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. 1855 § 2, 1979).
19.04.271 Specified sexual activity.
“Specified sexual activity,” for the purpose of this title, means:
A. Acts of human masturbation, sexual intercourse or sodomy;
B. Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts. (Ord. 1855 § 2, 1979).
19.04.272 Stable, private.
“Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.274 Stable, riding.
“Riding stable” means any stable where horses are kept for hire. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.276 Story.
“Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.278 Story, first.
“First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.280 Story, half.
“Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.282 Story, mezzanine.
“Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.284 Street.
“Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right-of-way. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.286 Street, private.
“Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.288 Structural alteration.
“Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.290 Structure.
“Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.291 Surface mining operations.
“Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 2921 § 1, 2003).
19.04.292 Tideland.
“Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.294 Townhouses.
“Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.296 Trailer camp, trailer park or mobilehome park.
“Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. (Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.298 Trailers.
A. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters.
B. “Motorhome” means a vehicular unit built on or permanently attached to a self-propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters.
C. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters.
D. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock.
E. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters.
F. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing.
G. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. (Ord. 1941 § 1, 1981; Ord. 1518 § 2, 1974; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.300 Underwater land.
“Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.302 Usable open space.
For “usable open space,” see “open space, usable.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.304 Unified control.
“Unified control” means the written consent or agreement of all property owners. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.306 Waterfront land.
“Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.308 Yard, front.
“Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.310 Yard, front, least depth.
“Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.312 Yard, front, least depth – How measured.
Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the city. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.314 Yard, rear.
“Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.316 Yard, rear, least depth.
“Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.318 Yard, side.
“Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.320 Yard, side, least width.
“Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.322 Yard, side, least width – How measured.
Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the city differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.324 Zone.
“Zone” means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.326 Zoning map.
“Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.328 Zoning permit.
“Zoning permit” means a document issued by the building inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. (Ord. 1212 § 1, 1969; prior code § 33.1401).
19.04.330 Zoning wall or fence.
“Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401).
Chapter 19.06
GENERAL PLANSections:
19.06.010 Statutory authority – Scope.
19.06.020 Administration.
19.06.030 Implementation of.
19.06.010 Statutory authority – Scope.
Sections 65300 through 65361 of the Government Code of the state relating to the authority for and scope of general plans, and the method of adoption of general plans, are hereby adopted and incorporated herein by reference as though set forth in full. The fee for processing general plan amendments shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1854 § 1, 1979; Ord. 1825 § 1, 1978; Ord. 1212 § 1, 1969; prior code § 33.201).
19.06.020 Administration.
Sections 65400 through 65402 of the Government Code of the state of California relating to the administration of the general plan are hereby adopted and incorporated herein by reference as though set forth in full. (Ord. 1854 § 1, 1979; Ord. 1825 § 1, 1978; Ord. 1212 § 1, 1969; prior code § 33.202).
19.06.030 Implementation of.
The systematic implementation of the general plan or any general plan element as provided in Section 65303 of the Government Code of the state may be undertaken by the adoption of specific plans, which shall include all detailed regulations, conditions, programs and proposed legislation which may be necessary or convenient for such implementation. The general plan may also be implemented by the adoption of zoning ordinances which shall in accordance with Section 65860 of the Government Code of the state be consistent with said general plan.
When a general plan amendment is adopted and existing zoning is thereby inconsistent with the general plan and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the general plan. All such amendments shall be subject to public hearings by the planning commission and the city council. If the amendment is adopted, the developer can proceed with the normal processing of the development proposal.
Notwithstanding the above provisions, those projects which have been substantially processed consistent with existing zoning and which are affected by the general plan amendment may proceed; provided, that the zoning administrator issues, in each case, a permit to complete processing based upon the findings that the effectiveness of the general plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit.
Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or design review committee approvals, in furtherance of the proposed projects. The zoning administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate city agency or official, as well as projects which have been submitted to the planning department for design review consideration not more than six months prior to the adoption of the general plan. The property owner shall provide evidence to the zoning administrator not more than 90 days after the general plan adoption that the submittal of project plans has occurred within the aforementioned specified period to qualify for this provision.
In addition, projects which have been submitted to the planning department for design review consideration after the adoption of the 1989 general plan update (July 11, 1989) and before the adoption of Ordinance No. 2327 (September 5, 1989) may be processed; provided, the property owners submit evidence that such submittal has taken place.
Appeals from the actions of the zoning administrator may be filed, within 10 days after the dates of said actions, with the planning commission. Further appeals to the city council may be submitted pursuant to the provisions of CVMC 19.14.110 and 19.14.130. (Ord. 2359 § 1, 1990; Ord. 2327 § 1, 1989; Ord. 1854 § 1, 1979; Ord. 1825 § 1, 1978; Ord. 1212 § 1, 1969; prior code § 33.203).
Chapter 19.07
SPECIFIC PLANSSections:
19.07.010 Statutory authority – Scope of.
19.07.020 Administration of.
19.07.030 Zoning implementation thereof.
19.07.035 Repealed.
19.07.010 Statutory authority – Scope of.
Sections 65450 through 65507 of the Government Code of the state relating to the authority for the scope of specific plans, and the procedures for the adoption of specific plans, are hereby adopted and incorporated herein by reference as though set forth in full. The fee for processing specific plan amendments and specific plan development proposals or modifications shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1854 § 2, 1979; Ord. 1825 § 2, 1978).
19.07.020 Administration of.
Sections 65550 through 65553 of the Government Code of the state relating to the administration of specific plans are hereby adopted and incorporated herein by reference as though set forth in full. (Ord. 1854 § 2, 1979; Ord. 1825 § 2, 1978).
19.07.030 Zoning implementation thereof.
A. Specific plans may be implemented through the adoption of standard zoning ordinances, the planned community zone, as provided in this title, or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance.
If the specific plan is to be implemented through the use of standard zones, any open space uses or other public uses so designated on the specific plan may be allowed to be developed in a manner logically consistent with and in conformity to adjacent and contiguous land uses as shown on the specific plan; provided, however, the developer must show that such development, which must be residential, thus allowed will not increase the overall density of the total area incorporated into the specific plan. Further, in no case shall any designated open space land, or land designated for other public use in said specific plan, be developed for any use other than residential. Should all adjacent and contiguous land uses be designated for uses other than residential, the underlying land use on such open space may be requested for development at no greater density than that allowed in the R-E zone.
B. If any territory subject to an adopted specific plan is zoned P-C, the involved property owners may register their concurrence with terms and provisions of the adopted specific plan, and may proceed with development in accordance therewith; provided, that the required fees are paid, and the procedural and substantive requirements of the P-C zone are met. The said registration of concurrence shall, by operation of law, establish the adopted specific plan as the general development plan of the involved P-C zone. If the property owners do not register their concurrence with the terms and provisions of the adopted specific plan, they may proceed with the development of their property through the use of standard zoning, as provided hereinabove.
C. When a specific plan is adopted and existing zoning is thereby inconsistent with the specific plan and the developer desires to develop the property in accordance with the existing zoning, the developer must first submit a proposed amendment to the specific plan. All such amendments shall be subject to public hearings by the planning commission and the city council. If the amendment is adopted, the developer can proceed with the normal processing of the development proposal.
Notwithstanding the above provisions, those projects which have been substantially processed consistent with existing zoning and which are affected by a specific plan may proceed; provided, that the zoning administrator issues in each case a permit to complete processing based upon the findings that the effectiveness of the specific plan and the order and amenity of the community would not be substantially impaired by the issuance of the permit.
Projects shall be deemed to be substantially processed where the property owners have procured approved tentative subdivision or parcel maps, building permits, conditional use permits, or design review committee approvals, in furtherance of the proposed projects. The zoning administrator, furthermore, may deem that projects have been substantially processed where the involved property owners have submitted tentative subdivision or parcel maps or applications for design review, but are awaiting consideration by the appropriate city agency or official.
Appeals from the actions of the zoning administrator may be filed, within 10 days after the dates of said actions, with the planning commission. Further appeals to the city council may be submitted pursuant to the provisions of CVMC 19.14.110 and 19.14.130. (Ord. 2327 § 2, 1989; Ord. 2076 § 1, 1984; Ord. 1854 § 2, 1979; Ord. 1825 § 2, 1978).
19.07.035 Supersedence of zoning designations.
Repealed by Ord. 2532 § 10, 1992. (Res. 11903, 1985).*
* Code reviser’s note: Ord. 2532 renumbered the provisions of this section to be Chs. 19.81 to 19.87 CVMC.
Chapter 19.08
ENFORCEMENTSections:
19.08.010 Conformance to regulations required – Officers authorized for enforcement duty.
19.08.020 Violations – Declared public nuisance – Actions for abatement authorized.
19.08.021 Notification of litigation concerning development in the coastal zone and Attorney General intervention.
19.08.030 Violations – Penalties.
19.08.040 Violations – Subsequent application – Fee.
19.08.010 Conformance to regulations required – Officers authorized for enforcement duty.
All department officials and public employees of the city vested with the duty or authority to issue permits shall conform to the provisions of this title, and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions contained herein; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the building inspector, the zoning administrator and the police department to enforce the provisions of this title, pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. (Ord. 1212 § 1, 1969; prior code § 33.1501).
19.08.020 Violations – Declared public nuisance – Actions for abatement authorized.
It is unlawful to cause or allow to occur the setup, erection, construction, alteration, enlargement, conversion, movement or maintenance of any building or structure contrary to the provisions of this title; and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title shall be, and the same is declared to be, unlawful and a public nuisance; and the city attorney and city manager, respectively, shall commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law or CVMC Title 1, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.
Any person who violates any provision of the certified local coastal program adopted pursuant to Division 20 of the California Public Resources Code shall be subject to the penalties contained therein. (Ord. 2718 § 1, 1998; Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1502).
19.08.021 Notification of litigation concerning development in the coastal zone and Attorney General intervention.
The provisions of California Public Resources Code Section 20800, et seq., shall apply to development in the Chula Vista coastal zone and in any case where no appeal has been filed from the decision of the city on a development permit in the coastal zone (including decisions on nonappealable developments) or where an appeal has been filed, but the commission has determined not to hear the appeal, and when litigation has subsequently been commenced against the city concerning its decision, the city and plaintiff or petitioner shall promptly forward a copy of the complaint or petition to the executive director of the California Coastal Commission. At the request of the local government, and with the concurrence of the California Coastal Commission, the executive director shall request the Attorney General to intervene in such litigation on behalf of the California Coastal Commission. Administrative remedies pertaining to coastal development permits are not deemed to have been exhausted unless all appeal procedures provided by the California Coastal Act (Public Resources Code Section 30000, et seq.) and these regulations have been exhausted. (Res. 11903, 1985).
19.08.030 Violations – Penalties.
Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this title shall be punishable pursuant to the provisions of Chapters 1.20 through 1.41 CVMC. (Ord. 2718 § 1, 1998; Ord. 2483 § 2, 1991; Ord. 1212 § 1, 1969; prior code § 33.1503).
19.08.040 Violations – Subsequent application – Fee.
An application filed subsequent to the violation of any of the provisions of this title for the purpose of determining, after the fact, compliance therewith shall be accompanied by the required filing fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982).
Chapter 19.09
GROWTH MANAGEMENTSections:
19.09.010 Purpose and intent.
19.09.020 Definitions.
19.09.030 Growth management program.
19.09.040 Quality of life threshold standards.
19.09.050 Requirement for public facilities finance plans, air quality improvement plans, and water conservation plans.
19.09.060 Public facilities finance plan contents.
19.09.070 Public facilities finance plan preparation.
19.09.080 Public facilities finance plan review.
19.09.090 Public facilities finance plan implementation.
19.09.100 Public facilities finance plan amendment.
19.09.110 Exceptions and exclusions.
19.09.120 Extensions of prior approvals.
19.09.130 Obligation to pay fees or install facilities required by any other law.
19.09.140 Implementing guidelines.
19.09.150 Council actions, fees, notice.
19.09.160 Severability.
19.09.170 Facility master plan reference documents.
19.09.010 Purpose and intent.
A. It is the policy of the city of Chula Vista to:
1. Provide quality housing opportunities for all economic sections of the community;
2. Provide a balanced community with adequate commercial, industrial, recreational and open space areas to support the residential areas of the city;
3. Provide that public facilities, services and improvements meeting city standards exist or become available concurrent with the need created by new development;
4. Balance the housing needs of the region against the public service needs of Chula Vista residents and available fiscal and environmental resources;
5. Provide that all development is consistent with the Chula Vista general plan;
6. Prevent growth unless adequate public facilities and improvements are provided in a phased and logical fashion as required by the general plan;
7. Control the timing and location of development by tying the pace of development to the provision of public facilities and improvements to conform to the city’s threshold standards and to meet the goals and objectives of the growth management program;
8. Provide that the air quality of the city of Chula Vista improves from existing conditions;
9. Provide that the city of Chula Vista conserves water so that an adequate supply be maintained to serve the needs of current and future residents.
B. Findings. The city council of the city of Chula Vista hereby finds:
1. The demand for facilities and improvements has outpaced the supply resulting in shortages in public facilities and improvements including, but not limited to, streets, schools, libraries and general governmental facilities. These shortages are detrimental to the public health, safety, and welfare of the citizens of Chula Vista.
2. Since 1986, the city of Chula Vista has been undertaking a comprehensive review of its general plan. As part of that review a consultant team prepared a comprehensive report and recommendation to the city council. That report was subject to public hearings by both the planning commission and city council. Included were recommendations that no new development should occur unless adequate public facilities are available concurrently with need to serve the new development.
3. Prohibiting new development unless adequate public facilities are available concurrently is consistent with the city’s policy to provide housing opportunities for all economic sectors of the community, because sufficient opportunities for new housing continue to exist within the city and this chapter does not affect the number of houses which may be built. In addition, development of housing for low- and moderate-income persons and families would most likely occur in areas of the city which are designated for highest development priority.
4. Adoption of this chapter will not adversely affect the regional welfare. By providing that adequate and safe public facilities and improvements will exist to serve all of the development in Chula Vista, and because many of these facilities and improvements are used by persons residing in neighboring areas and cities, the safety and welfare of the whole region is enhanced.
5. The growth management plan traffic monitoring report prepared in 1989 found that intersections within areas in the developed portions of the city (as shown on the figure contained in the growth management program entitled “potential development” prepared in 1990 for 1989 traffic counts denoting both areas of future development as well as existing development) are operating in conformance with the adopted threshold standards; and that future large-scale developments planned for the area east of I-805 will require the provision of major facilities including facilities within the SR-125 corridor to accommodate projected traffic and other needs of development in accordance with the adopted threshold standards.
6. This chapter will further the policies, goals and objectives set forth above, and will help eliminate the public facility shortages identified above, by requiring identification of all public facilities and improvements required for development, by prohibiting development until adequate provisions for the public facilities and improvements are made within the city, as herein provided, and by giving development priority to areas of the city where public facilities and improvements are already in place. (Ord. 2448 § 2, 1991).
19.09.020 Definitions.
Whenever the following terms are used in this chapter, they shall have the meaning established by this section unless from the context it is apparent that another meaning is intended:
A. “Available facility and service capacity” shall be determined by the director of planning, using generally accepted planning standards and criteria, including the threshold standards established herein. Specific facility service capacity shall be determined by subtracting from the total capacity for a specific facility service the demand of existing development plus the demand that will be created by approved development.
B. “Development” means any land use, building or other alteration of land and construction incident thereto.
C. “Discretionary planning approval” means any permit, entitlement or approval issued under the authority of this title, and any legislative actions such as zone changes, general plan amendments, sectional planning area plans or general development plan approval or amendment.
D. “Facilities” means any schools, parks, corporation yards or recreational areas or structures providing for fire, libraries, traffic controls, streets and highways, including curbs, gutters and sidewalks, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, lighting facilities or other governmental services, required to be identified in a public facilities finance plan.
E. “Facility and service capacity” means the maximum amount of development which could take place prior to increasing the number or size of a facility or the level of service as determined by applying the appropriate threshold standard.
F. “Growth management program” means a plan prepared and approved according to CVMC 19.09.030 which establishes compliance with the threshold standards, as provided in CVMC 19.09.040.
G. “Project” means the activity for which either an application for a sectional planning area (SPA) plan or a tentative map has been or is required to be submitted and which may be subject to discretionary approvals by the city.
H. “Public facilities finance plan (PFFP)” means a project specific public facilities finance plan prepared and approved in accordance with CVMC 19.09.050.
I. “Quality of life threshold standards” means those certain standards identified in CVMC 19.09.040 specifying the facilities and services required to support the present and future needs of the city.
J. “SPA plan” means a sectional planning area plan.
K. “Substantial compliance” means performance meeting the intent of the parties with respect to the obligations imposed pursuant to the PFFP. (Ord. 2448 § 2, 1991).
19.09.030 Growth management program.
A. To implement the city’s general plan and to provide that development does not occur unless facilities and improvements are available to support that development, the city council shall adopt, by resolution, a growth management program. The program shall identify all facilities and improvements necessary to accommodate land uses specified in the general plan and this title; specify size, capacity, service level and threshold standards for each identified facility; project total buildout development levels and identify projected facility and improvement needs; provide a policy for timing the construction of each facility and improvement; and identify the financing method or methods for each facility and improvement.
B. The growth management program will incorporate and interpret the threshold standards as referenced in CVMC 19.09.040.
C. The growth management program will incorporate the facility master plans for fire protection, schools, libraries, parks, water, sewer, drainage, traffic, civic centers, and corporation yards. The growth management program will also address air quality and economic issues.
D. The growth management program will incorporate a defined public facilities development phasing policy. This policy will interrelate the timing, location, facility capacity limitations, and fiscal/economic considerations for each public facility and service identified in CVMC 19.09.040. This phasing policy will insure that approved development has priority to available public facility capacity and that developed areas of the city have priority over undeveloped areas.
E. The growth management oversight commission should annually review the growth management program and prepare an annual report and, upon doing so, shall submit such report to the planning commission and the city council.
F. The city council should annually review the growth management oversight commission annual report.
G. Amendments to the growth management program may be initiated by action of the planning commission or city council, or upon request of an applicant. The city council shall act on the requested application. (Ord. 2448 § 2, 1991).
19.09.040 Quality of life threshold standards.
In order to provide that public facilities and services, government and other utility services, and improvements are adequate to meet present and future needs of the city, the city council hereby adopts quality of life threshold standards for each facility or improvement listed below:
A. Police.
1. Emergency Response. Properly equipped and staffed police units shall respond to 81 percent of “Priority One” emergency calls within seven minutes and maintain an average response time to all “Priority One” emergency calls of 5.5 minutes or less.
2. Respond to 57 percent of “Priority Two” urgent calls within seven minutes and maintain an average response time to all “Priority Two” calls of 7.5 minutes or less.
B. Fire and Emergency Medical.
1. Emergency Response. Properly equipped and staffed fire and medical units shall respond to calls throughout the city within seven minutes in 80 percent of the cases.
C. Schools. The city shall annually provide the two local school districts with a 12- to 18-month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The districts’ replies should address the following:
1. Amount of current capacity now used or committed;
2. Ability to absorb forecast growth in affected facilities;
3. Evaluation of funding and site availability for projected new facilities;
4. Other relevant information the district(s) desire(s) to communicate to the city and growth management oversight commission (GMOC).
The growth forecast and school district response letters shall be provided to the GMOC for inclusion in its review.
D. Libraries. Population ratio: 500 square feet (gross) of adequately equipped and staffed library facility per 1,000 population. The city shall construct 60,000 gross square feet (GSF) of additional library space, over the June 30, 2000, GSF total, in the area east of Interstate 805 by buildout. The construction of said facilities shall be phased such that the city will not fall below the city-wide ratio of 500 GSF per 1,000 population. Library facilities are to be adequately equipped and staffed.
E. Parks and Recreation Areas. Population ratio: Three acres of neighborhood and community park land with appropriate facilities per 1,000 residents east of I-805.
F. Water.
1. Developer will request and deliver to the city a service availability letter from the water district for each project.
2. The city shall annually provide the San Diego County Water Authority, the Sweetwater Authority, and the Otay Municipal Water District with a 12- to 18-month development forecast and request an evaluation of their ability to accommodate the forecast and continuing growth. The districts’ replies should address the following:
a. Water availability to the city and planning area, considering both short- and long-term perspectives;
b. Amount of current capacity, including storage capacity, now used or committed;
c. Ability of affected facilities to absorb forecast growth;
d. Evaluation of funding and site availability for projected new facilities;
e. Other relevant information the district(s) desire(s) to communicate to the city and GMOC.
G. Sewer.
1. Sewage flows and volumes shall not exceed city engineering standards as set forth in the subdivision manual adopted by city council Resolution No. 11175 on February 12, 1983, as may be amended from time to time.
2. The city shall annually provide the San Diego Metropolitan Sewer Authority with a 12- to 18-month development forecast and request confirmation that the projection is within the city’s purchased capacity rights and an evaluation of their ability to accommodate the forecast and continuing growth, or the city engineering department staff shall gather the necessary data.
The information provided to the GMOC shall include the following:
a. Amount of current capacity now used or committed;
b. Ability of affected facilities to absorb forecast growth;
c. Evaluation of funding and site availability for projected new facilities;
d. Other relevant information.
The growth forecast and authority response letters shall be provided to the GMOC for inclusion in its review.
H. Drainage.
1. Storm water flows and volumes shall not exceed city engineering standards as set forth in the subdivision manual adopted by city council Resolution No. 11175 on February 23, 1983, as may be amended from time to time.
2. The GMOC shall annually review the performance of the city’s storm drain system to determine its ability to meet the goals and objectives above.
I. Traffic.
1. City-wide. Maintain LOS “C” or better as measured by observed average travel speed on all signalized arterial segments; except, that during peak hours a LOS “D” can occur for no more than two hours of the day.
2. West of Interstate 805. Those signalized intersections which do not meet the standard above may continue to operate at their current (year 1991) LOS, but shall not worsen.
3. Notes to Standards.
a. Arterial segment LOS measurements shall be for the average weekday peak hours, excluding seasonal and special circumstance variations.
b. Urban and suburban arterials are defined as surface highways having signal spacing of less than two miles with average weekday traffic volumes greater than 10,000 vehicles per day.
c. Arterial segments are stratified into three classifications:
i. Class I arterials are roadways where free-flow traffic speeds range between 35 mph and 45 mph and the number of signalized intersections per mile is less than four. There is no parking and there is generally no access to abutting property.
ii. Class II arterials are roadways where free-flow traffic speeds range between 30 mph and 35 mph, and the number of signalized intersections per mile ranges between four and eight. There is some parking and access to abutting properties is limited.
iii. Class III arterials are roadways where free-flow traffic speeds range between 25 mph and 35 mph, and the number of signalized intersections per mile is closely spaced. There is substantial parking and access to abutting property is unrestricted.
d. The LOS measurement of arterial segments and freeway ramps shall be a growth management consideration in situations where proposed developments have a significant impact at interchanges.
e. Circulation improvements should be implemented prior to anticipated deterioration of LOS below established standards.
f. The criteria for calculating arterial LOS and defining arterial lengths and classifications shall follow the procedures detailed in Chapter 11 of the 1985 Highway Capacity Manual (HCM) and shall be confirmed by the city traffic engineer.
g. During the conduct of future traffic monitoring program field surveys, intersections experiencing significant delays will be identified. The information generated by the field surveys will be used to determine possible signal timing changes and geometric and/or traffic operational improvements for the purpose of reducing intersection delay.
h. Level of service values for arterial segments shall be based on the following table:
Table I
Level of Service
Average Travel Speed (mph)
Class 1
Class 2
Class 3
A
> 35
> 30
> 25
B
> 28
> 24
> 19
C
> 22
> 18
> 13
D
> 17
> 14
> 9
E
> 13
> 10
> 7
F
< 13
< 10
< 7
Source: Highway Capacity Manual, Special Report 209, Transportation Research Board, National Research Council, Washington, D.C., 1985.
J. Air Quality. The GMOC shall be provided with an annual report which:
1. Provides an overview and evaluation of local development projects approved during the prior year to determine to what extent they implemented measures designed to foster air quality improvement pursuant to relevant regional and local air quality improvement strategies.
2. Identifies whether the city’s development regulations, policies and procedures relate to, and/or are consistent with, current applicable federal, state and regional air quality regulations and programs.
3. Identifies non-development-specific activities being undertaken by the city toward compliance with relevant federal, state and local regulations regarding air quality, and whether the city has achieved compliance.
The city shall provide a copy of said report to the air pollution control district (APCD) for review and comment. In addition, the APCD shall report on overall regional and local air quality conditions, the status of regional air quality improvement implementation efforts under the regional air quality strategy and related federal and state programs, and the effect of those efforts/programs on the city of Chula Vista and local planning and development activities.
K. Fiscal.
1. The GMOC shall be provided with an annual fiscal impact report which provides an evaluation of the impacts of growth on the city, both in terms of operations and capital improvements. This report should evaluate actual growth over the previous 12-month period, as well as projected growth over the next 12- to 18-month period, and five- to seven-year period.
2. The GMOC shall be provided with an annual “development impact fee report,” which provides an analysis of development impact fees collected and expended over the previous 12-month period.
L. Amendments and Supplemental Thresholds. These standards may be amended from time to time on approval by the city council. (Ord. 2860 §§ 1, 2, 2002; Ord. 2859 § 1, 2002; Ord. 2748 § 3, 1999; Ord. 2486 § 1, 1991; Ord. 2448 § 2, 1991).
19.09.050 Requirement for public facilities finance plans, air quality improvement plans, and water conservation plans.
A. Public Facilities Financing Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless:
1. It is accompanied by a PFFP which has been approved by the city; or
2. A PFFP which includes the project has already been initiated; or
3. The applicant initiates the preparation of a PFFP.
The PFFP may be waived by the city council upon a showing that there are no public service, facility or phasing needs warranting the preparation of an PFFP.
B. Air Quality Improvement Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless:
1. It is accompanied by an air quality improvement plan which has been approved by the city; or
2. An air quality improvement plan which includes the project has already been initiated; or
3. The applicant initiates the preparation of an air quality improvement plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city director of planning and building shall require.
C. Water Conservation Plans. No application for an SPA plan, or, if an SPA plan is not required, no application for a tentative map, shall be deemed complete or accepted for review unless:
1. It is accompanied by a water conservation plan which has been approved by the city; or
2. A water conservation plan which includes the project has already been initiated; or
3. The applicant initiates the preparation of a water conservation plan in such form and/or containing such information, including maps, drawings, diagrams, etc., as the city director of planning and building shall require.
D. No SPA plan, nor any tentative subdivision map, shall be approved, or deemed approved, without an approved PFFP, an approved air quality improvement plan and a water conservation plan. To provide consistency and implementation of said plans, the city council may impose any condition to the approval of an SPA plan or tentative subdivision map necessary to implement the PFFP, the air quality improvement plan, the water conservation plan, the growth management program, or the master facility plans.
E. No final map shall be approved until all the conditions of the PFFP, the water conservation plan and the air quality plan have been met, or the project applicant has provided adequate security to the city that said plans will be implemented.
F. No other discretionary planning approvals shall be granted unless the city council finds that the project is consistent with an approved PFFP, an air quality improvement plan, and a water conservation plan.
G. No building permit shall be issued unless the permit is consistent with any applicable PFFP, the air quality improvement plan and the water conservation plan and all applicable fees, including, but not limited to, development impact fees, traffic impact fees, drainage fees, school fees, park fees, sewer fees, water fees, or other development fees adopted by the city council, have first been paid or provision for their payment has been made to the satisfaction of the city council.
H. No development shall occur in a PFFP area if the demand for any public facilities and services exceeds capacity and it is not feasible to increase capacity prior to completion of development unless means, schedule and financing for increasing the capacity is established through the execution of a binding agreement providing for installation and maintenance of such facilities or improvements in advance of the city’s phasing schedule. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).
19.09.060 Public facilities finance plan contents.
A. A PFFP shall contain a complete description of the proposed development project and a complete description of all public facilities included within the boundaries of the plan as defined by the director of planning and building. The plan shall contain a description of the individual and cumulative impacts of the proposed development on the community as it relates to the growth management program, the specific facility master plans and the threshold standards.
B. The PFFP shall consist of maps, graphs, tables, and narrative text and shall be based upon the general plan and zoning applicable within the area of impact. The PFFP shall be consistent with the growth management program and threshold standards and shall implement the growth management program within the area.
C. The boundaries of the PFFP shall be established by the city at the time an SPA plan or tentative map is submitted by the applicant. The boundaries shall be based upon the impact created by the project on existing and future need for facilities. The project boundaries will correlate the proposed development project with existing and future development proposed for the area of impact to provide for the economically efficient and timely installation of both on-site and off-site facilities and improvements required by the development. In establishing the boundaries for the PFFP, the city shall be guided by the following considerations:
1. Service areas or drainage or sewer basins which serve the project;
2. Extent to which facilities or improvements are in place or available;
3. Ownership of property;
4. Project impact on public facilities relationships, especially the impact on the city’s planned major circulation network;
5. Special district service territories;
6. Approved fire, drainage, sewer, or other facilities or improvement master plans.
D. The boundaries shall be established by resolution after a public hearing, notice of which is given pursuant to CVMC 19.12.070.
E. The PFFP shall show how and when the facilities and services necessary to accommodate development within the area will be installed or financed:
1. Police;
2. Fire/EMS;
3. Schools;
4. Libraries;
5. Parks and recreation;
6. Water;
7. Sewer;
8. Drainage;
9. Traffic;
10. Civic facilities;
11. Corporation yards.
F. The PFFP shall include the following information with regard to each facility and service listed in subsection (E) of this section:
1. List of Facilities and Services. A list or schedule of facilities and service requirements correlated to individual development projects within the area.
2. Inventory. An inventory of present and future requirements for each facility and service based upon the threshold standards. The inventory shall include life cycle cost (LCC) projections for each element in subsection (E) of this section as they pertain to city fiscal responsibility. The LCC projections shall be for estimated life cycle for each element analyzed. The model used shall be able to identify and estimate initial and recurring life cycle costs for the above elements. Because requirements for certain facilities and services may overlap plan boundaries, the plan shall address the need for coordination and shall propose a coordination plan for facilities and services extending from one project boundary area to another. Cost estimates for funding public facilities and services directly related to the impact created by the project as well as for proposals for funding existing deficiencies required by the project prior to the phasing schedule set forth in the growth management program shall be included. It must be shown that development in the area will not reduce the existing facilities or services capabilities within the project boundaries or create facilities or improvements shortages in other areas or reduce capability in any area below the threshold standards which are established pursuant to CVMC 19.09.040. The growth inducing impact of the out-of-area improvements shall be assessed and mitigation provided, if appropriate, to the satisfaction of the city council.
3. Phasing Schedule. A phasing schedule, which complies with the adopted development phasing policy as set forth in the growth management program and the threshold standards, which establishes the timing for installation or provision for facilities and services required by the project. The phasing schedule shall ensure that development of one area will not utilize more than the area’s pro rata share of facility or service capacity within the projected service area of a facility unless sufficient capacity is ensured for other areas at the time of development. The phasing schedule shall include a schedule of development within the area and a cash flow analysis for financing of facilities and services for the PFFP area. The phasing schedule shall identify periods where the demand for facilities and improvements may exceed the capacity and provide a plan for eliminating the shortfall. If a project cannot demonstrate consistency with the phasing schedule, the PFFP must demonstrate, to the city’s satisfaction, how facilities required for the project in advance of the phasing schedule as set forth in the master plan will be provided. If no facility master plan or threshold standards exists for a particular facility, the PFFP for the project must demonstrate how that facility will be provided and financed in a phased and timely manner.
4. Financing Plan. A financing plan establishing specific methods of funding each facility and service identified in the PFFP, which allocates the cost to the various properties within the plan area. The plan shall identify those facilities and services which would otherwise be provided as a requirement of processing a development project (i.e., requirements imposed as a condition of a development permit) or provided by the developer in order to establish consistency with the general plan, growth management program, facility master plans or this chapter, and those facilities and improvements for which new funding methods shall be sufficient to ensure that funds are available to construct or provide facilities or services when required by the phasing schedule for the project. Where facilities or services are required for property within the PFFP area, other than the project, the phasing plan shall identify those other properties and the PFFP for each property shall be coordinated. Coordination, however, shall not require identical funding methods.
G. The PFFP shall establish the proportionate share of the cost of facilities and services identified in the growth management program and the master facilities plans attributable to the development of each property in the PFFP area.
H. In the event that an applicant provides private financing for public facilities or services to service a project in advance of the normal time frame for constructing such facilities, the approval of credits against any city fees for such advanced private financing may be postponed until the estimated time of such construction as specified in the specific facility master plan or the city’s capital improvement program budget. In lieu of a facility master plan phasing schedule, such determination shall be made by the city council after reviewing information from the director of planning and building, city engineer, finance director, and deputy city manager. In no event shall a developer receive interest on funds for providing public facilities or services in advance of the city’s schedule. The developer shall also become responsible for the maintenance and operation costs associated with the early construction of said facility. No repayment will be made to the developer for the funds provided for maintenance and operational costs. All repayments will be considered in accordance with the city’s projected construction dates for said facilities.
I. Assessment districts requested by the developer shall not be given credit for facility fees when a facility is constructed above the standards established by the respective facility master plan or standards imposed as conditions on the approval of the project by the city council.
J. A fiscal analysis/economic impact report shall be provided identifying capital budget impacts on the city as well as maintenance and operation costs for each proposed phase of development. The report shall include an analysis of the project impact on school districts and water agencies as well as the life cycle analysis set forth in subsection (F)(2) of this section. Each year during the development of the project, the director of planning and building may require the applicant to provide the city with an updated fiscal impact report reflecting the actual revenue and expenditure impacts based upon the development of the project. The project shall be conditioned to provide funding for periods where expenditures exceed projected revenues.
K. Developer contributions shall not be required as a source of funding for that proportion of the cost of any facility or service that is needed to reach threshold standards due to the demands created by existing development. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).
19.09.070 Public facilities finance plan preparation.
A. A PFFP, an air quality improvement plan, and a water conservation plan may be processed concurrently with the SPA plan or tentative map.
B. A PFFP may be initiated by filing an application with the director of planning and building. The applicant shall pay a deposit at the time any application for a PFFP is accepted.
C. A PFFP for a project shall be prepared by the city, or a consultant selected by the city, according to the procedures established by this chapter.
D. The cost of PFFP preparation shall be advanced to the city by the applicant and any participating owner or owners prior to PFFP preparation. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).
19.09.080 Public facilities finance plan review.
A. PFFPs shall be reviewed according to the following procedure:
1. A completed PFFP complying with this chapter, and accompanied by a processing fee in an amount established by city council resolution, may be submitted to the director of planning and building for processing. If the director of planning and building determines that the plan complies with the provisions of this chapter, the director shall accept the PFFP for review. Once the PFFP has been reviewed and complies with the provisions of this chapter, it shall be set for public hearing before the planning commission together with the accompanying development plan.
2. The hearing shall be noticed according to the provisions of CVMC 19.12.070. A staff report containing recommendations on the PFFP shall be prepared and furnished to the public, the applicant, and the planning commission prior to the hearing.
3. The planning commission shall hear and consider the application and shall by resolution prepare recommendations and findings for the city council. The action of the commission shall be filed with the city clerk, and a copy shall be mailed to the applicant.
4. When the planning commission action is filed with the city clerk, the clerk shall set the matter for public hearing before the city council. The hearing shall be noticed according to the provisions of CVMC 19.12.070.
5. The city council shall hear the matter, and after considering the findings and recommendations of the planning commission, may approve, conditionally approve, or deny the plans. The city council may include in the resolution adopting the PFFP any fees or facilities improvement requirements provided for in city ordinances in order to implement the growth management program, the master facility plans and the PFFP.
6. A PFFP may be amended following the same procedures for the original adoption. (Ord. 2790, 1999; Ord. 2448 § 2, 1991).
19.09.090 Public facilities finance plan implementation.
A. The city manager shall monitor the development activity for each PFFP and shall require the preparation of an annual report by the applicant consisting of maps, graphs, charts, tables and text and including a developmental activity analysis, a facilities and improvements adequacy analysis, a facility revenue/expenditure analysis and any necessary amendments to the PFFP, if necessary.
B. In the event that the city council finds that the project is not in substantial compliance with the PFFP as modified or amended, the developer shall be deemed to be in default and no further building or development permits shall be issued and development shall cease. (Ord. 2448 § 2, 1991).
19.09.100 Public facilities finance plan amendment.
A. Adoption of a PFFP does not establish any entitlement or right to any particular general plan or zoning designation or any particular development proposal.
B. The city council shall annually review the PFFP report prepared by the applicant at the time it considers the growth management oversight commission annual report.
C. If the city manager determines that facilities or improvements within a PFFP are inadequate to accommodate any further development within that area, the city manager shall immediately report the deficiency to the city council. If the city council determines that such events or changed circumstances adversely affect the health, safety or welfare of the city, the city may require the amendment, modification, suspension, or termination (hereinafter “change”) of an approved PFFP. If the city requires such change, the city shall (1) give notice to applicant or owner of (a) the city’s intended action to change the PFFP, and (b) the reasons and factual basis for the city’s determination; (2) give notice to the applicant or owner, at least 30 days prior to the hearing date, of the time and place of the hearing; and (3) hold a city council hearing on the determination, at which hearing the applicant or owner shall have the right to present witnesses, reports, and oral and written testimony. Prior to approving any change, the city shall find that (i) the circumstances were unknown or that the circumstances have changed; and (ii) the health, safety or welfare of the community require the change of the PFFP. This provision shall neither limit nor expand the rights of liabilities of either of the parties with respect to the PFFP or the development of the property.
If, after notice and hearing, the council determines that a deficiency exists, then no further building or development permits shall be issued within the affected area, and development shall cease until an amendment to the applicable PFFP which mitigates the deficiency is approved by the city council.
D. The city council may initiate an amendment to any PFFP at any time if, in its discretion, it determines that an amendment is necessary to provide adequate facilities and improvements and subsequent permits will be conditioned on conformance. (Ord. 2448 § 2, 1991).
19.09.110 Exceptions and exclusions.
A. Building Permits for Approved Projects. Building permits will be issued for projects for which all required development permits were issued or approved on or before the effective date of the general plan update adopted July 11, 1989, and upon payment of all required fees; except, that projects with SPA plans or tentative maps approved after July 11, 1989, and prior to the effective date of the ordinance codified in this chapter shall not be issued building permits until an air quality improvement plan and a water conservation plan has been approved by the city council. Nothing in this subsection shall alter or amend the terms and conditions of any development agreement entered into between the city and a developer.
B. Developed Portions of City. It is the policy of the city to encourage development in areas where public facility thresholds are met before allowing development in areas where facilities and improvements are not assured to meet the needs of such development. Accordingly, pursuant to the findings in CVMC 19.09.010 that adequate facilities within the developed portions of the city as shown in the figure of the growth management program as referenced in CVMC 19.09.010(B)(5), or their successor provisions, are operating in conformance with adopted threshold standards, those portions of the city shall be exempt from the provisions of this chapter requiring the preparation of a PFFP, air quality improvement plan, or a water conservation plan.
C. Exclusions. Development projects which consist of facilities or structures constructed by a city, county, special district, state, or federal government or any agency, department, or subsidiary thereof for governmental purposes are excluded from the provisions of this chapter. To the extent that the city has authority to regulate such development projects, such projects shall not be exempt. This exclusion shall not apply to development projects to which a possessory interest tax would be applicable. (Ord. 2448 § 2, 1991).
19.09.120 Extensions of prior approvals.
After approval of an applicable PFFP for a development project, an extension of the expiration date of a tentative subdivision map may only be granted if the project is in conformance with the PFFP and the growth management program. The extension may be conditioned on such matters as the city deems just, including, but not limited to, compliance with the applicable public facilities finance plan. (Ord. 2448 § 2, 1991).
19.09.130 Obligation to pay fees or install facilities required by any other law.
Nothing in this chapter shall be construed as relieving a builder, developer or subdivider from any requirement to provide public facilities, to dedicate property or to pay fees, which requirement is imposed pursuant to this title or pursuant to any city council policy. (Ord. 2448 § 2, 1991).
19.09.140 Implementing guidelines.
The city council may adopt any guidelines it deems necessary to implement this chapter, including a growth management program or master facility plan. (Ord. 2448 § 2, 1991).
19.09.150 Council actions, fees, notice.
A. Whenever this chapter requires or permits an action or decision of the city council, that action or decision shall be accomplished by resolution.
B. The city council shall establish application and processing fees for the submission and processing of public facilities financing plans.
C. Whenever written notice is required to be given to property owners under this chapter, the notice shall be mailed by first class mail to the owners shown on the last equalized assessment roll. (Ord. 2448 § 2, 1991).
19.09.160 Severability.
If any section, subsection, sentence, clause or phrase of the ordinance codified in this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance codified in this chapter. The city council declares that it would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any part thereof be declared invalid or unconstitutional. (Ord. 2448 § 2, 1991).
19.09.170 Facility master plan reference documents.
A. Police: “A Master Plan for the Chula Vista Civic Center Solving City Space Needs Through Year 2010,” dated May 8, 1989.
B. Fire/EMS: “Fire Station Master Plan,” dated March 23, 1989.
C. Schools: Sweetwater Union High School District-Sweetwater Union High School District Long Range Comprehensive Master Plan,” dated November, 1984.
D. Water: Sweetwater – “Sweetwater Authority Water Master Plan,” dated December, 1989.
E. Sewer: “City of Chula Vista Wastewater Master Plan,” dated July 19, 1989.
F. Libraries: “Chula Vista Public Library Master Plan. Facility Planning to the Year 2010,” dated April 30, 1987.
G. Parks and Recreation: There is no existing detailed master plan. The Chula Vista general plan parks and recreation element dated July, 1990, serves as the parks master plan.
H. Drainage: “City of Chula Vista Public Facilities Plan Flood Control Summary Report,” dated March, 1989 (Phase II).
I. Traffic: “East Chula Vista Transportation Phasing Plan,” approval date pending.
J. Air Quality: No local master plan exists for air quality. The air pollution control district is updating the air quality maintenance program to comply with the California Clean Air Act. (Ord. 2448 § 2, 1991).
Chapter 19.10
ZONES ESTABLISHEDSections:
19.10.010 Designated.
19.10.020 Modifying districts – Designated.
19.10.030 Classification of annexed territory.
19.10.040 Regulations applying to all zones and districts.
19.10.010 Designated.
The several zones hereby established, and into which the city is divided, are designated, as follows:
A. A, agricultural zone;
B. R-E, residential estates zone;
C. R-1, single-family residence zone;
D. R-2, one- and two-family residence zone;
E. R-3, apartment residential zone;
F. C-O, administrative and professional office zone;
G. C-B, central business zone;
H. C-N, neighborhood commercial zone;
I. C-C, central commercial zone;
J. C-V, visitor commercial zone;
K. C-T, thoroughfare commercial zone;
L. I-R, research industrial zone;
M. I-L, limited industrial zone;
N. I, general industrial zone;
O. P-C, planned community zone;
P. F-1, floodway zone;
Q. T, tidelands zone;
R. Unclassified uses. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.301).
19.10.020 Modifying districts – Designated.
The districts set forth below are termed “modifying districts.” The regulations of each such district shall apply in lieu of or in addition to the regulations of the basic district listed in CVMC 19.10.010 with which the modifying district is combined.
A. D, design control modifying district;
B. S, height of buildings (stories) modifying district;
C. P, precise plan modifying district;
D. E, equestrian modifying district;
E. PUD, planned unit development modifying district;
F. H, hillside modifying district. (Ord. 1849 § 1, 1979; Ord. 1512 § 1, 1973; Ord. 1364 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.302).
19.10.030 Classification of annexed territory.
All territory hereafter annexed to the city shall be classified as a part of that zoning district of the city recommended by the planning commission and specified by the city council at the time of annexation thereof. Said district shall be in general accordance with the general plan. (Ord. 1212 § 1, 1969; prior code § 33.303).
19.10.040 Regulations applying to all zones and districts.
Except as otherwise provided:
A. No building or part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose, or in any manner, other than is included among the uses hereinafter listed as permitted in the district in which such building, land or premises is located.
B. No building or part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.
C. No building or part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any district, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area, and building location regulations hereinafter designated for the district in which such building or open space is located.
D. No yard or other open space provided about any building for the purpose of complying with the provisions of this title shall be considered as providing a yard or open space for any other building, and no yard or other open space on one building site shall be considered as providing a yard or open space for building on any other building site. (Ord. 1212 § 1, 1969; prior code § 33.304).
Chapter 19.12
LEGISLATIVE ZONING PROCEDURESections:
19.12.010 Purpose, intent and scope of provisions – Zoning defined.
19.12.020 Authorization for requirements.
19.12.030 Rezoning – Application required – Filing fee.
19.12.040 Setback lines – Establishment and change procedure.
19.12.050 Modifying districts – Establishment or attachment procedure.
19.12.060 Hearings – Required when.
19.12.070 Hearings – Notice required – Methods and additional contents of notice.
19.12.080 Hearings – Notice required – Contents.
19.12.090 Commission – Authorization of actions and determination of restrictiveness of zones.
19.12.100 Commission – Approval actions – Procedure.
19.12.110 Commission – Denial actions – Appeal procedure.
19.12.120 Attachment of conditions – Public improvements and precise plan requirements.
19.12.130 Interim zoning – Procedure generally – Time limit.
19.12.140 Prezoning – Procedure generally – When effective.
19.12.150 Adopted redevelopment plans.
19.12.010 Purpose, intent and scope of provisions – Zoning defined.
Zoning is a legislative act involving police power asserted in the interests of the public health, safety and general welfare. The zoning process includes the creation and modification of the comprehensive zoning law which establishes designated zones with permitted uses and regulations, as well as the comprehensive and uniform application of said zoning regulations by the classification and reclassification of property into designated zones. It is the purpose of the council to provide a zoning procedure which will offer a clear and definite guide to property owners seeking zoning adjustments. It is intended that these procedures will protect the public welfare and sound community planning and assure the maximum degree of protection for individual property rights. (Ord. 1212 § 1, 1969; prior code § 33.1201(1)).
19.12.020 Authorization for requirements.
Whenever the public necessity, convenience, general welfare or good zoning practice justifies such action, and in substantial conformance with the general plan of the city, and after due consideration and report on same by the planning commission, the city council may, by ordinance, create, amend, supplement or change the uses and regulations of the comprehensive zoning law or include or place any property within the city into any zone as created and defined in this title. The procedure for adopting such ordinances may be noticed by a resolution of intention of the planning commission, or of the council, or by an affirmed application of one or more of the owners or parties having a legal interest in the property to be affected by the proposed action. (Ord. 1212 § 1, 1969; prior code § 33.1201(2)).
19.12.030 Rezoning – Application required – Filing fee.
Applications for any change in zone boundaries or classification or reclassification of zones made by one or more owners or parties of interest in the property within the area to be affected by the proposed action shall be filed with the director of planning, accompanied by such data and information which would insure a full presentation of the facts and circumstances to justify the reasonableness of the proposed action. Said application shall be in a form as approved by the planning commission and shall be affirmed by the applicant. Each application shall be accompanied by the required filing fee(s). (Ord. 2506 § 1, 1992; Ord. 1854 § 3, 1979; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1201(3)).
19.12.040 Setback lines – Establishment and change procedure.
In those cases where setback lines have not been established or where they are established by subdivision maps or regulations of a particular zone or as shown on the official line map, said lines may be so established or changed by the adoption of an ordinance in accordance with the procedures set forth in CVMC 19.12.030 for a change of zoning. (Ord. 1214 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.120(4)).
19.12.050 Modifying districts – Establishment or attachment procedure.
The procedure for the establishment or attachment of a modifying district shall be the same as the zone change procedure and shall be subject to the conditions as required for said modifying district. (See Chapter 19.56 CVMC.) (Ord. 1364 § 1, 1971; prior code § 33.1201(5)).
19.12.060 Hearings – Required when.
Upon the filing of an application or the adoption of a resolution by the planning commission or city council, the matter shall be set for public hearing before the commission by the director of planning. (Ord. 1212 § 1, 1969; prior code § 33.1202).
19.12.070 Hearings – Notice required – Methods and additional contents of notice.
Notices of the time, place and purpose of such hearing shall be given in the following manner:
A. By at least one publication in a newspaper of general circulation in the city as provided in the Charter, not less than 10 days prior to the date set for hearing;
B. By mailing a postal card or letter to all of the owners of property within 300 feet of the exterior boundary of the property involved, as well as the owner of the subject property, said owners being established for this purpose by an examination of the assessment records held in the office of the city clerk; provided, however, that in such cases where the ownership has recently changed and such knowledge is available to the director of planning, notice shall also be sent in this manner to the current occupants of said property; or
C. In certain instances where mailed notice of hearing is deemed to be impractical, notice may be effected by posting upon the subject property, and within the area of the subject property, a notice bearing the same information as contained in the notice to be mailed. Said notice shall be mailed or posted at least 10 days prior to the date set for the public hearing, and the director of planning or his authorized representative shall sign an affidavit of mailing to be held in the record. It is further provided that no defect or irregularity in the giving of such notice shall invalidate the public hearing if said interested parties receive actual notice by any other means and are aware of the matter to be considered at the public hearing.
Where application is made for a change of classification or change of boundaries or a variance or for a conditional use permit, the director of planning or the planning commission shall have the discretion to include in notice of the hearing on such application notice that the planning commission will consider classification of other than that for which application is made and/or additional properties and/or uses. (Ord. 1212 § 1, 1969; prior code § 33.1202(A)).
19.12.080 Hearings – Notice required – Contents.
The notice shall contain the following information:
A. The boundaries, either by diagram, plat or brief description, of the area proposed to be zoned;
B. The zone into which said area is sought to be placed;
C. A statement that the planning commission reserves the right to make any of the following recommendations to the city council:
1. That said property be placed in the zone proposed in the notice,
2. That the property not be rezoned, or
3. That the property be placed in any other more restrictive zone described and defined in this title, which, in the opinion of the planning commission, best serves the public interest;
D. The date, time and place of hearing before the planning commission;
E. A statement that any property owner may appear and be heard before said planning commission.
Mailing of notices shall not be required for establishment or amendment of comprehensive zoning laws. (Ord. 1212 § 1, 1969; prior code § 33.1202(B)).
19.12.090 Commission – Authorization of actions and determination of restrictiveness of zones.
If, from the facts presented, the commission finds that the public necessity, convenience, general welfare or good zoning practice requires the adoption or modification of a portion of the comprehensive zoning law or the classification or reclassification of property to any zone, the commission may recommend, by the affirmative vote of not less than a majority of the total membership of the commission, by resolution, the adoption of an ordinance by the city council adopting or modifying a comprehensive zoning law, or classifying or reclassifying property into particular zones. The commission may recommend the inclusion of property in particular zones as requested by the applicant, or the inclusion of the property into any other more restrictive zone as defined and classified in this title, or into any of the commercial zones which are equally restrictive. For the purpose of determining the restrictiveness of zones, the order in which a zone appears in this title shall govern: the lower the number of the section, the more restrictive the zone is in relation to other zones established by this title. If such required findings cannot be made, the commission shall deny the application. (Ord. 1212 § 1, 1969; prior code § 33.1203).
19.12.100 Commission – Approval actions – Procedure.
If the application is approved or a more restrictive zone recommended, the commission shall forward its resolution and the application with a report of its findings to the city clerk who shall cause the matter to be set for hearing before the city council in the same manner as required herein for setting a hearing before the planning commission. (Ord. 2374 § 1, 1990; Ord. 1212 § 1, 1969; prior code § 33.1203(1)).
19.12.110 Commission – Denial actions – Appeal procedure.
If an application for change or reclassification or adoption or amendment of the comprehensive zoning law is denied by the commission, the applicant or interested party may, within 10 days of the date of the mailing of the notification of denial, appeal to the city council by written notice of appeal filed with the city clerk. Such appeal shall be filed in duplicate and shall set forth specifically wherein the commission’s findings were in error and wherein the public necessity, convenience, welfare or good zoning practice requires such change or reclassification. Upon receipt of such appeal, the city clerk shall set the matter for hearing in the manner prescribed herein, and shall forward the findings of fact of the planning commission to the city council. The city council may, after the public hearing and consideration of the matter, affirm the action of the planning commission or may grant the appeal or a modification thereof by the affirmative vote of not less than a majority of its total membership. (Ord. 2193 § 1, 1987; Ord. 1212 § 1, 1969; prior code § 33.1203(2)).
19.12.120 Attachment of conditions – Public improvements and precise plan requirements.
A. Neither the planning commission nor the city council may attach any conditions to the zoning of any property except for supplemental zones as provided in this title, and the property owner shall be authorized, without restriction, to use the property for the uses and purposes enumerated in the zone subject only to the regulations of the zone; provided, however, that the commission may recommend or the council may require on its own motion that all public improvements, including streets and sidewalks and drainage facilities, as well as necessary dedications deemed needed to serve the uses authorized under the proposed zoning, be installed as a precedent to the zoning in order to prevent the imposition of a burden upon the community and the city created by said uses. The requirement for installation of public improvements may be deferred in accordance with the provisions as set forth in this title.
B. In addition to the requirement for the installation of public improvements in necessary dedications, the planning commission or the city council may require that a precise plan be submitted for the development of the property by attaching the P precise plan modifying district to the underlying zone. The precise plan includes, but is not limited to, the location, height, size, and setbacks of buildings or structures, open spaces, signs, and densities. The requirements and circumstances for applying the P precise plan modifying district are set forth in full in CVMC 19.56.040 through 19.56.048. The procedures for submission and approval of a precise plan are set forth in CVMC 19.14.570 through 19.14.580. (Ord. 1632 §§ 1, 3, 1975; Ord. 1222 § 1, 1969; prior code § 33.1204).
19.12.130 Interim zoning – Procedure generally – Time limit.
Without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, the city council, to protect the public safety, health and welfare, may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the city council, planning commission or planning department is considering or studying or intends to study within a reasonable time. Such urgency measure shall require four-fifths vote of the city council for adoption. Such interim ordinance shall be of no further force and effect 90 days from the date of adoption thereof; provided, however, that after said notice, pursuant to CVMC 19.12.060 through 19.12.080, and public hearing, the city council may, by a four-fifths vote, extend such interim ordinance for one year. Not more than two such extensions may be adopted. When such interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section, covering the whole or part of the same property, shall automatically terminate and be of no further force and effect upon the termination of the first such ordinance or any extension thereof as herein provided. Where a property owner alleges that a moratorium would cause undue hardship on his property to the extent that it would constitute a “taking” of property, the owner may request a public hearing by the city council to determine if the property owner is entitled to relief from the effects of the moratorium. The city council shall hold said public hearing within three weeks from receipt of a written request from the property owner. At the public hearing, the property owner shall set forth all reasons why relief is appropriate and the city council may approve, conditionally approve or deny relief from the restrictions of the interim ordinance. (Ord. 2235 § 2, 1987; Ord. 1212 § 1, 1969; prior code § 33.1205(1)).
19.12.140 Prezoning – Procedure generally – When effective.
The city council may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing this prezoning shall be as provided by CVMC 19.12.010 through 19.12.120. At the time of application for prezoning, the applicant shall deposit with the planning department the required fee(s) in accordance with Section 57004 of the Government Code. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 2506 § 1, 1992; Ord. 1212 § 1, 1969; prior code § 33.1205(2)).
19.12.150 Adopted redevelopment plans.
If, and in the event that, the city council adopts or has heretofore adopted a redevelopment plan in accordance with the provisions of Section 33000, et seq., of the Health and Safety Code of the state, and said plan has been adopted in general conformance with the procedures as set forth in this chapter for adoption of zoning ordinances as applicable to particular pieces of land, said redevelopment plan shall constitute the zoning requirements regulating permitted uses and the manner of development of the land and shall supersede any zoning regulations previously adopted regulating such permitted uses and development standards; provided, however, if any aspect or element of development of the property has not been delineated in the redevelopment plan, the regulations contained in the underlying zoning or in the provisions of this title relating to the particular use involved shall be deemed to be applicable. (Ord. 1900 § 1, 1980).
Chapter 19.14
ADMINISTRATIVE PROCEDURES, CONDITIONAL USES AND VARIANCESSections:
19.14.010 Purpose and intent of provisions.
19.14.020 Zoning administrator – Creation of position.
19.14.030 Zoning administrator – Actions authorized without public hearing.
19.14.040 Variances – Public hearing required when – Exceptions.
19.14.050 Public hearing – Mandatory when.
19.14.060 Conditional use permit – Defined – Purpose and intent.
19.14.070 Conditional use permit – Application – Fee – Public hearing.
19.14.080 Conditional use permit – Prerequisites for granting.
19.14.090 Conditional use permit – Public hearing procedure – Finding of facts.
19.14.100 Conditional use permit – Appeals – Procedure generally.
19.14.110 Conditional use permit – Appeals – Form – Contents – Effect of filing.
19.14.120 Conditional use permit – Appeals – City clerk duties.
19.14.130 Conditional use permit – Appeals – City council action – Resolution contents and transmittal.
19.14.140 Variance – Defined – Purpose and intent – Prohibited when.
19.14.150 Variance – Application.
19.14.160 Variance – Fee required.
19.14.170 Variance – Accompanying documents required.
19.14.180 Variance – Public hearing – Procedure – Notice required.
19.14.190 Variance – Prerequisites for granting.
19.14.200 Variance – Grounds for denial – Recurrent conditions.
19.14.210 Variance – Zoning administrator authority – Notice of action.
19.14.220 Variance – Prerequisite to issuance of zoning permit.
19.14.230 Variance – Transferability.
19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing.
19.14.250 Variance – Appeals – City council action.
19.14.260 Conditional use permit or variance – Time limit for utilization – Void when – Extensions – Validity.
19.14.270 Procedures for enforcing conditional use permits and variances.
19.14.330 Planned unit development – Approval prerequisite to zoning permit issuance.
19.14.340 Planned unit development – Application – Documents required.
19.14.350 Planned unit development – Multiple ownership property requirements.
19.14.360 Planned unit development – Fees.
19.14.370 Planned unit development – Public hearing – Time – Notice required.
19.14.380 Planned unit development – Planning commission action.
19.14.390 Planned unit development – City council action and authority.
19.14.400 Planned unit development – Zoning permit – Issuance authority – Inspections.
19.14.410 Planned unit development – Zoning permit – Revocation conditions – Procedure.
19.14.420 Site plan and architectural approval – Purpose – Prerequisite for certain uses.
19.14.430 Site plan and architectural approval – Application.
19.14.440 Site plan and architectural approval – Fee.
19.14.450 Site plan and architectural approval – Accompanying maps and drawings required.
19.14.460 Site plan and architectural approval – Zoning administrator determination authority – Endorsement required when.
19.14.470 Site plan and architectural approval – Principles to be observed.
19.14.480 Site plan and architectural approval – Zoning permit issuance prerequisite – Building inspector authority – Appeals.
19.14.485 Landscape plan approval – Purpose – Required when.
19.14.486 Landscape plan approval – Application – Accompanying documents – Fee.
19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals.
19.14.500 Zoning permit – Required when – Exceptions.
19.14.510 Zoning permit – Application.
19.14.520 Zoning permit – Accompanying documents required.
19.14.530 Zoning permit – Issuance prerequisites – Compliance required.
19.14.540 Zoning permit – Use limitations – Display of permit required.
19.14.550 Zoning permit – Grounds for revocation – Notice required – Time limit for use.
19.14.570 Precise plan approval.
19.14.571 Precise plan approval – Application and fee.
19.14.572 Precise plan approval – Required information.
19.14.573 Precise plan approval – Public hearings.
19.14.574 Precise plan approval – Planning commission action.
19.14.575 Precise plan approval – City council action.
19.14.576 Precise plan approval – Findings.
19.14.577 Precise plan approval – Modifications of the precise plan.
19.14.578 Precise plan approval – Zoning administrator.
19.14.579 Precise plan approval – Multiple-family dwellings and commercial or industrial projects.
19.14.580 Precise plan approval – Multiple-family dwellings and commercial or industrial projects – Zoning administrator.
19.14.581 Design review committee – Creation.
19.14.582 Design review committee – Duties and responsibilities.
19.14.583 Design review committee – Appeal procedure.
19.14.584 Design review committee – Membership qualifications.
19.14.586 Design review committee – Removal or vacancy.
19.14.587 Design review committee – Quorum.
19.14.588 Design review committee – Schedule of meetings.
19.14.589 Design review committee – Election of officers.
19.14.590 Fees for appeals and requested actions before the planning commission and zoning administrator.
19.14.591 Continuance of project.
19.14.592 Implementation of design review committee functions in designated areas by Chula Vista redevelopment corporation.
19.14.600 Design review approval – Time limit for implementation – Extensions.
19.14.010 Purpose and intent of provisions.
The purpose of this chapter is to consolidate all of the administrative procedures and requirements so as to provide clear instructions to property owners and developers and carry out the purpose of this title. The administrative procedures incorporated herein are the conditional use permit, which is required for those uses specifically permitted within certain zones but allowed only upon finding of certain facts and subject to necessary conditions; the variance, which authorizes the relaxation or variation from rules and regulations established in certain zones subject to the finding of certain facts and necessary conditions; and the planned community district procedures and the planned unit development procedures. In order to expedite the granting of a variance, a zoning administrator is established herein. The permits which are required and set forth in this chapter are the zoning permit itself, which stipulates the desired use for such permit within the zone where the subject property is located; site plan and architectural approval; the performance standard permit and the home occupation permit. (Ord. 1212 § 1, 1969; prior code § 33.1301).
19.14.020 Zoning administrator – Creation of position.
In order to relieve the planning commission of certain routine functions necessary to the proper administration of this chapter, a zoning administrator is created, who shall be the director of planning and building or his authorized deputy, with such authority as is granted to him by this chapter. (Ord. 2790, 1999; Ord. 1212 § 1, 1969; prior code § 33.1302(A)).
19.14.030 Zoning administrator – Actions authorized without public hearing.
The zoning administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing:
A. Conditional Use Permit. The zoning administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances:
1. Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question;
2. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof;
3. For signs, as defined herein, and temporary tract houses, as limited herein;
4. The zoning administrator is authorized to consider and to approve, deny, or modify applications for conditional use permits for carnivals and circuses. The zoning administrator shall set the matter for public hearing in the manner provided herein;
5. Churches;
6. Establishments that include the sale of alcoholic beverages for off-site use or consumption, located in the C-N zone. The zoning administrator shall hold a public hearing in accordance with CVMC 19.14.060 through 19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080. A conditional use permit shall not be granted unless the zoning administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (a) the number and location of existing facilities; (b) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (c) the impact of the proposed facility on crime; and (d) the impact of the proposed facility on traffic volume and traffic flow. The police department or other appropriate city departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation.
The city council shall be informed of the decision on each such permit by the city clerk when the decision is filed in accordance with CVMC 19.14.090. The decision of the zoning administrator may be appealed.
Such appeal shall be directed to the city council, rather than the planning commission, and must be filed within 10 days after the decision is filed with the city clerk, as provided in CVMC 19.14.100. If appealed within the time limit, said appeal shall be considered in a public hearing conducted by the city council, in the same manner as other appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the council must make the same written findings required of the zoning administrator herein in order to grant the permit.
B. Variances. The zoning administrator shall be authorized to grant variances for limited relief in the case of:
1. Modification of distance or area regulations;
2. Additions to structures which are nonconforming as to side yard, rear yard, or lot coverage, providing the additions meet the requirements of this title affecting the property;
3. Walls or fences to exceed heights permitted by ordinances.
Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed 20 percent of the requirements imposed by ordinances.
C. Site, Architectural, and Landscape Plan Approvals. The zoning administrator shall be empowered to grant site plan, architectural plan and landscape plan approval as provided herein.
D. Performance Standard Procedure. The zoning administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedures, as provided herein.
E. Home Occupations. The zoning administrator shall be authorized to grant permits for home occupations, as defined and regulated in CVMC 19.14.490.
F. Fees. A fee, in the amount as presently designated or as may be in the future amended in the master fee schedule, shall accompany each application for a variance or conditional use permit or modifications thereto considered by the zoning administrator without a public hearing.
In regard to applications on any of the aforementioned subjects, the zoning administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested persons as defined in this title. In the event objections or protests are received, the zoning administrator shall set the matter for public hearing as provided herein. (Ord. 2616 § 5, 1994; Ord. 2526 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2290 § 1, 1989; Ord. 2075 § 2, 1984; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1302(B)).
19.14.040 Variances – Public hearing required when – Exceptions.
In the case of applications for variances, other than those for limited relief as set forth in CVMC 19.14.030, the zoning administrator shall set the matter for public hearing in the manner provided herein. (Ord. 1212 § 1, 1969; prior code § 33.1302 (C)).
19.14.050 Public hearing – Mandatory when.
A. The zoning administrator may, at her/his option, refer any of the matters on which she/he is authorized to rule and/or issue a permit to the planning commission for review. In addition, a project applicant may request that any such matter be referred directly to the planning commission for action. In such cases, a public hearing as provided herein shall be mandatory.
B. Any person who disagrees with the ruling of the zoning administrator may appeal such ruling to the planning commission. In such cases, a public hearing as provided herein shall be mandatory. Any person who disagrees with a sign design ruling of the zoning administrator may appeal such ruling to the design review committee. In such cases, the sign project ruling under appeal shall be reviewed by the design review committee in accordance with CVMC 19.14.582.
C. Notwithstanding the above provisions, the zoning administrator may, at his option, or upon appeal, refer applications for carnivals and circuses on which he is authorized to issue a permit to the city council for review. In such cases, a public hearing as provided herein shall be mandatory. (Ord. 2575 § 1, 1993; Ord. 2365 § 1, 1990; Ord. 1212 § 1, 1969; prior code § 33.1302(D)).
19.14.060 Conditional use permit – Defined – Purpose and intent.
The granting of a conditional use permit is an administrative act to authorize permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community and to the various elements of the general plan. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting conditional use permits. (Ord. 1212 § 1, 1969; prior code § 33.1303).
19.14.070 Conditional use permit – Application – Fee – Public hearing.
A. Applications for conditional use permits or modifications thereto shall be made to the planning commission in writing on a form prescribed by the planning commission and shall be accompanied by plans and data sufficient to show the detail of the proposed use or building. The application shall be accompanied by a fee as presently designated, or as may in the future be amended, in the master fee schedule. The director of planning shall cause the matter to be set for hearing in the same manner as required for setting zoning matters for hearing. The director of planning or the planning commission shall have the discretion to include in the notice of the hearing on such application notice that the planning commission will consider classifications of other than that for which application is made and/or additional properties and/or uses.
In those cases where the application conforms to the requirements of CVMC 19.14.030(A), the application shall be directed to the zoning administrator.
B. In the case of hazardous waste facilities as defined in CVMC 19.04.107, applications for conditional use permits or modifications thereto shall be made pursuant to CVMC 19.58.178, and shall be considered by the planning commission with a recommendation to be forwarded to the city council for final review and action. The requirements of CVMC 19.14.090 shall apply to both the planning commission recommendation and the city council resolution, with the following modifications:
1. The written findings, in addition to the requirements of CVMC 19.14.080, shall address those matters as set forth in CVMC 19.58.178(K).
2. The decision of the planning commission shall constitute a recommendation only, and shall not become final or subject to appeal as provided in CVMC 19.14.100 to 19.14.130.
3. The city council’s decision shall be considered final, and the city clerk shall transmit a copy of the resolution as provided by CVMC 19.14.130. (Ord. 2542 § 2, 1993; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1304).
19.14.080 Conditional use permit – Prerequisites for granting.
After the public hearing, the planning commission or the zoning administrator may, by resolution, grant a conditional use permit if the planning commission or the zoning administrator finds from the evidence presented at said hearing that all of the following facts exist:
A. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;
B. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
C. That the proposed use will comply with the regulations and conditions specified in this title for such use;
D. That the granting of this conditional use will not adversely affect the general plan of the city or the adopted plan of any governmental agency;
E. That the proposed conditional use, if located in the coastal zone, is consistent with the certified local coastal program and is consistent with the intent of the zoning district. (Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1305(A)).
19.14.090 Conditional use permit – Public hearing procedure – Finding of facts.
The planning commission or the zoning administrator shall make a written finding which shall specify acts relied upon in rendering said decision and attaching such conditions and safeguards as deemed necessary and desirable, not more than 10 days following the decision of the commission or the zoning administrator, and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements of this section and CVMC 19.14.080. A copy of this written finding of facts shall be filed with the city clerk, with the director of planning and building, and mailed to the applicant. The decision of the planning commission or zoning administrator shall be final on the eleventh day following its filing in the office of the city clerk, except where appeal is taken as provided herein. (Ord. 2790, 1999; Ord. 2374 § 2, 1990; Ord. 1212 § 1, 1969; prior code § 33.1305(B)).
19.14.100 Conditional use permit – Appeals – Procedure generally.
The applicant or other interested persons may appeal the decision of the zoning administrator to the planning commission within 10 days after the decision is filed with the city clerk, and the hearing on said appeal shall be processed by the planning commission in the same manner as a conditional use permit within the original jurisdiction of the planning commission. The applicant or other interested persons shall have the same right of appeal from any determination of the planning commission in such instances as set forth in CVMC 19.14.110 through 19.14.130. (Ord. 1212 § 1, 1969; prior code § 33.1305(C)).
19.14.110 Conditional use permit – Appeals – Form – Contents – Effect of filing.
The applicant or other interested person may appeal from the decision of the planning commission granting or denying any conditional use permit as provided in CVMC 19.14.240 and 19.14.250 to the city council within 10 days after said decision is filed with the city clerk. Said appeal shall be in writing and filed in triplicate with the city clerk upon forms provided by the planning department and shall specify wherein there was error in the decision of the planning commission. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the city council.
Where an application is denied by the planning commission by less than four votes, the applicant shall have the right to either a rehearing at the next planning commission meeting or an appeal to the city council without payment of additional fees. The choice of alternatives shall be discretionary with the applicant. All other proceedings pertaining to appeals shall continue to apply. (Ord. 1212 § 1, 1969; prior code § 33.1306(A)).
19.14.120 Conditional use permit – Appeals – City clerk duties.
Upon the filing of the appeal, the city clerk shall set the matter for public hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The city clerk shall send the planning department a duplicate copy of the appeal and request the planning commission to transmit to the city council a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the planning commission made its decision. (Ord. 1212 § 1, 1969; prior code § 33.1306(B)).
19.14.130 Conditional use permit – Appeals – City council action – Resolution contents and transmittal.
Upon the hearing of such appeal, the city council may, by resolution, affirm, reverse or modify in whole or in part any determination of the planning commission, subject to the same limitations and requirements of findings as are placed upon the planning commission by this chapter. The resolution must contain a finding of facts showing wherein the conditional use meets or fails to meet the requirements of CVMC 19.14.080 through 19.14.100. Not later than 10 days following the adoption of said resolution, the city clerk shall transmit a copy of the resolution and finding to the director of planning, to the director of building and housing, and shall mail a copy to the applicant. (Ord. 2074 § 1, 1984; Ord. 1212 § 1, 1969; prior code § 33.1306(C)).
19.14.140 Variance – Defined – Purpose and intent – Prohibited when.
The granting of a variance is an administrative act to allow a variation from the strict application of the regulations of the particular zone, and to provide a reasonable use for a parcel of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the variance is to bring a particular parcel up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The variance may not be used to correct improper zoning. It is the purpose of this chapter to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a variance be granted to permit a use other than a use permitted in the district in which the subject property is situated. (Ord. 1212 § 1, 1969; prior code § 33.1307).
19.14.150 Variance – Application.
Application shall be made by the property owner to the zoning administrator on a form prescribed for that purpose by the city. (Ord. 1212 § 1, 1969; prior code § 33.1308(A)).
19.14.160 Variance – Fee required.
The fee, no part of which shall be refundable, for a variance or modification thereof shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1308(B)).
19.14.170 Variance – Accompanying documents required.
The following accompanying maps and drawings are required: maps and drawings required to demonstrate that the conditions set forth in CVMC 19.14.150 through 19.14.230 apply to subject property, together with any other data required. (Ord. 1212 § 1, 1969; prior code § 33.1308(C)).
19.14.180 Variance – Public hearing – Procedure – Notice required.
A public hearing shall be held by the zoning administrator in the following manner:
The zoning administrator shall publish a notice of hearing in a newspaper of general circulation in the city not less than five days prior to the date of said hearing. Notice of hearing may also be made, at the option of the zoning administrator or commission, as the case may be, by mail to owners of record of surrounding property within 300 feet of the property for which said variance is requested. The zoning administrator or the planning commission shall have the discretion to include in notice of hearing on such application notice that the planning commission will consider classification of other than that for which application is made and/or additional properties and/or uses. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken. (Ord. 2374 § 2, 1990; Ord. 1212 § 1, 1969; prior code § 33.1308(D)).
19.14.190 Variance – Prerequisites for granting.
The zoning administrator shall grant a variance only when the following facts are found:
A. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties; loss of prospective profits; and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;
C. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest;
D. That the authorizing of such variance will not adversely affect the general plan of the city or the adopted plan of any governmental agency;
E. That in the coastal zone, granting of variances is consistent with and implements the certified local coastal program, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources as specified in the zones included in this title, and that the variance implements the purposes of the zones adopted in implementation of the local coastal program.
The director of planning and building or planning commission may grant a variance to a regulation prescribed by this title only with respect to fences, walls, hedges, screening, or landscaping; site area, width, frontage or depth; front, rear, or side yards; basic floor area; height of structures; or distances between structures, courts or usable open space as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the director of planning and building makes the following findings of fact that establish that the circumstances prescribed in subsections (A) through (C) of this section apply:
1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the title deprives such property of privileges enjoyed by other property owners in the same land use classification in the coastal zone;
2. That the strict application of the specified provision would deprive the applicant of privileges enjoyed by the owners of other property classified in the same use classification in the coastal zone; and
3. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same use classification in the coastal zone. (Ord. 2790, 1999; Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1308 (E)).
19.14.200 Variance – Grounds for denial – Recurrent conditions.
No grant of a variance shall be authorized if the zoning administrator finds that the condition or situation of the specific piece of property, or the intended use of said property for which variance is sought, or one or the other in combination, is so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation. (Ord. 1212 § 1, 1969; prior code § 33.1308(F)).
19.14.210 Variance – Zoning administrator authority – Notice of action.
The zoning administrator may approve said variance or may grant said variance subject to specified conditions or may deny said variance. The zoning administrator shall notify the applicant forthwith of action taken. (Ord. 2374 § 2, 1990; Ord. 1212 § 1, 1969; prior code § 33.1308(G)).
19.14.220 Variance – Prerequisite to issuance of zoning permit.
Following the issuance of a variance by the zoning administrator, the building inspector shall issue a zoning permit as provided in CVMC 19.14.500 through 19.14.550. (Ord. 1212 § 1, 1969; prior code § 33.1308(H)).
19.14.230 Variance – Transferability.
Unless specified otherwise at the time variance is granted, the variance applies to subject property for an indefinite time and is transferable to any future owner of subject property. (Ord. 1212 § 1, 1969; prior code § 33.1308(I)).
19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing.
The applicant or other interested party may appeal the decision of the zoning administrator to the planning commission within 10 days after said decision is filed with the city clerk. Said appeal shall be in writing and filed in triplicate with the planning department on forms provided by said department, and shall specify wherein there was an error in the decision of the zoning administrator. If an appeal is filed within the time limit specified, it stays proceedings in the matter until a determination is made by the planning commission. The planning commission shall set the matter for hearing as set forth herein for action by the commission on conditional use permits in CVMC 19.14.080 through 19.14.100.
Where an application is denied by the planning commission by less than four votes, the applicant shall have the right to either a rehearing at the next planning commission meeting or an appeal to the city council without payment of additional fees. The choice of alternatives shall be discretionary with the applicant. All other proceedings pertaining to appeals shall continue to apply. (Ord. 2084 § 1, 1984; Ord. 1212 § 1, 1969; prior code § 33.1309 (A)).
19.14.250 Variance – Appeals – City council action.
The same appeal rights as set forth in CVMC 19.14.110 through 19.14.130 for conditional use permits shall be applicable. (Ord. 1212 § 1, 1969; prior code § 33.1309(B)).
19.14.260 Conditional use permit or variance – Time limit for utilization – Void when – Extensions – Validity.
Any conditional use permit or zone variance granted by the city as herein provided shall be conditioned upon the privileges granted being utilized within one year after the effective date thereof. A variance or conditional use permit shall be deemed to be utilized if the property owner has substantially changed his position in reliance upon the grant thereof. Evidence of change of position would include completion of construction or any expenditures of money by the property owner preparatory to construction and shall also include the use of the property as granted. If there has been a lapse of work for three months after commencement, the conditional use permit or zone variance shall be void. The commission may, by resolution, grant an extension of time contained in a currently valid zone variance or conditional use permit without a public hearing upon appeal of the property owner; provided, that there has been no material change of circumstances since the granting of the variance or conditional use permit which would be injurious to the neighborhood or otherwise detrimental to the public welfare. The fee for an extension of time for a variance or conditional use permit shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code § 33.1310).
19.14.270 Procedures for enforcing conditional use permits and variances.
A. The director of planning and building shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit:
1. Fraud. That the variance or conditional use permit approval was obtained by fraud;
2. Non-Use. That the uses and privileges authorized by the variance or conditional use permit have not been initiated in the manner and within the 12 months specified in CVMC 19.14.260, and no extension of time has been granted;
3. Abandonment. That the property or any structure thereon subject to the variance or conditional use permit has been abandoned or the use authorized has ceased for a period exceeding 12 months;
4. Violation of Conditions. That the variance or conditional use permit is being or has been exercised contrary to the conditions of said permit, or in violation of any applicable licenses, permits, regulations or laws;
5. Violation of Use. That the variance or conditional use permit is being or has been exercised in excess of the use right granted;
6. Public Health, Safety and Welfare. That the use for which the variance or conditional use permit was obtained is being or has been exercised so as to be detrimental to the public health, safety, or general welfare or so as to constitute a public nuisance.
If the director of planning and building has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as “permitting authority”).
B. The permitting authority shall hold a public hearing to consider the director of planning and building’s recommendation regarding the conditional use permit or variance.
C. Notice of any public hearing to consider violations of variances and conditional use permits shall be given consistent with the procedures set forth in CVMC 19.12.070. The notice shall contain the following information:
1. The date, time, and place of the public hearing;
2. The identity of the permitting authority;
3. A general explanation of the matter to be considered including the nature of the planning director’s recommendation;
4. A general description, either in text or by diagram, of the location of the property.
D. Procedures for Public Hearing. The following procedures shall be followed for public hearings provided for in this section:
1. Recommendation and Reports. The director of planning and building’s recommendation and any accompanying staff reports, if any, shall be made available to the public prior to commencement of the public hearing provided for herein.
2. Recordation. The public hearing may, at the written request of an interested party, be recorded by either a recording device or stenographer.
3. Testimony. Any witness offering evidence or testimony may be placed under oath and subject to cross-examination at the request of the permitting authority or any party interested in the matter which is the subject of the hearing.
4. Relevancy. Evidence or testimony must be relevant or material to the fact or facts at issue. Any relevant evidence may be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which would otherwise make improper the admission of such evidence in civil actions. All irrelevant and unduly repetitious evidence may be excluded.
5. Hearsay. Hearsay evidence shall be admissible, but the fact that evidence is hearsay may affect the weight given to the evidence in reaching any determination of any question of fact. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but may not be sufficient by itself to support a decision unless it would be admissible over objection in civil actions.
6. Privileges. The rules regarding privileges shall be effective to the extent they are raised and otherwise required by law to be recognized at the hearing.
7. Procedural Compliance. The hearing need not be conducted under rules relating to evidence. Failure of the permitting authority to strictly enforce rules of evidence and reject certain matters which may be irrelevant or immaterial shall not be sufficient to constitute reversible error on the part of the permitting authority if basic procedural due process is granted to all affected parties and a fair hearing has been conducted. Errors which do not affect substantial rights will be disregarded and no presumption of prejudicial error is raised by the failure to strictly adhere to procedural requirements.
E. The permitting authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in subsection (A) of this section apply to a conditional use permit or variance.
F. Based on its findings, the permitting authority may do any one or a combination of the following:
1. Maintain the existing variance or conditional use permit without modification;
2. Modify or delete any provision or condition of the variance or conditional use permit;
3. Establish any new condition or provision;
4. Revoke the variance or conditional use permit;
5. Establish any fine or charge which may be paid in lieu of revocation, modification, or imposition of a condition.
G. Written Decision. The permitting authority must issue a written decision explaining the factual basis for its decision. Notice of the permitting authority’s written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the city clerk.
H. Right of Appeal. Within 10 days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the director of planning and building may appeal the written decision to the appropriate appellate body as follows:
1. If the permitting authority is the zoning administrator, appeal shall be filed with the planning commission;
2. If the permitting authority is the planning commission, appeal shall be filed with the city council;
3. If the permitting authority is the city council, no further appeal is available.
I. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing.
J. After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing.
K. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision. Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the city clerk.
L. Appeal to City Council. If the appellate body is not the city council, an appeal may be filed by any interested party who participated in the appeal or by the director of planning and building who may request an appeal to the city council within 10 days after the notice of the written appellate decision is filed, unless waived by the city council upon a showing of good cause. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing.
M. Any written decision regarding an appeal shall be final on the eleventh day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body, or a waiver is obtained. All written decisions issued by the city council shall become final when notice of such written decision is filed.
N. After the written decision becomes final, it shall be filed with the director of planning and building and a copy may be filed with the county recorder of San Diego County. Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. (Ord. 2790, 1999; Ord. 2520 § 1, 1992).
19.14.330 Planned unit development – Approval prerequisite to zoning permit issuance.
Where use is made of the planned unit development procedure, as provided in this chapter, a zoning permit shall not be issued for such development or part thereof until the planning commission and city council have approved a planned unit development application for said development as provided in this chapter. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)).
19.14.340 Planned unit development – Application – Documents required.
Application shall be made on a form prescribed for this purpose by the city not less than three weeks prior to a regularly scheduled meeting of the planning commission. Application shall be accompanied by a zone change application establishing the modifying district. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(1)).
19.14.350 Planned unit development – Multiple ownership property requirements.
Where property is held by more than one owner, the application for the planned unit development must be accompanied by the written consent of all property owners or initiated by the city council. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(2)).
19.14.360 Planned unit development – Fees.
The fee for planned unit development or modification thereof shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1961 § 1, 1982; Ord. 1500 § 6, 1973; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(3)).
19.14.370 Planned unit development – Public hearing – Time – Notice required.
A public hearing shall be held by the planning commission and city council as provided herein:
A. Such hearing before the city council shall be set for public hearing by the city clerk within 20 days after planning commission action;
B. The secretary of the commission and city clerk shall publish notice of hearings in a newspaper of general circulation in the city not less than 10 days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. (Ord. 2374 § 2, 1990; Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(4)).
19.14.380 Planned unit development – Planning commission action.
In taking action, the commission may recommend to the city council denial of a planned unit development, may recommend approval of the planned unit development as submitted, or may recommend approval of a planned unit development subject to additional conditions. Any planned unit development as authorized shall be subject to all conditions imposed, and shall be excepted from other provisions of this chapter only to the extent specified in said permit or shown by an approved plan. (Ord. 2374 § 2, 1990; Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(5)).
19.14.390 Planned unit development – City council action and authority.
The city council, after the public hearing and consideration of the matter, may affirm the action of the planning commission, deny the action of the planning commission, or modify conditions recommended by the planning commission. An affirmative vote of at least three members of the city council shall be necessary to change or modify the recommendations of the planning commission. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(6)).
19.14.400 Planned unit development – Zoning permit – Issuance authority – Inspections.
Following the approval of a planned unit development by the city council, the zoning administrator shall issue a zoning permit as provided in CVMC 19.14.500 through 19.14.550, and the building inspector shall ensure that development is undertaken and completed in conformance with the approved plans. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(7)).
19.14.410 Planned unit development – Zoning permit – Revocation conditions – Procedure.
A zoning permit may be revoked in any case where the conditions of such permit have not been or are not being substantially complied with. The planning commission shall give the permittee notice of intention to revoke such permit at least 10 days prior to review of said permit by said commission. After conclusion of such review, the planning commission may recommend to the city council that the permit be revoked. The city council shall then review the permit and may uphold or reverse the action of the planning commission. (Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(8)).
19.14.420 Site plan and architectural approval – Purpose – Prerequisite for certain uses.
The purpose of site plan and architectural approval is to determine compliance with this chapter and to promote the orderly and harmonious development of the city. A zoning permit shall not be issued until site plan and architectural approval has been obtained for the following uses: for any use requiring site plan and architectural approval in the zone regulations, and for any use requiring a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1313(A)).
19.14.430 Site plan and architectural approval – Application.
Application shall be made to the zoning administrator on a form prescribed for this purpose by the city. (Ord. 1212 § 1, 1969; prior code § 33.1313 (A)(1)).
19.14.440 Site plan and architectural approval – Fee.
The fee, no part of which shall be refundable, shall be the required fee(s). (Ord. 2506 § 1, 1992; Ord. 1813 § 1, 1978; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(2)).
19.14.450 Site plan and architectural approval – Accompanying maps and drawings required.
The application shall be accompanied by the information required in CVMC 19.56.042 for a precise plan and other drawings as are necessary to enable the zoning administrator to make the determinations under this chapter. (Ord. 1632 § 1, 1975; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(3)).
19.14.460 Site plan and architectural approval – Zoning administrator determination authority – Endorsement required when.
The zoning administrator shall determine from data submitted whether the proposed use will meet the requirements of this chapter and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted, or may be approved subject to conditions, specified changes or additions. The approval of the zoning administrator shall be noted by endorsement upon two copies of all sketches. (Ord. 1212 § 1, 1969; prior code § 33.1313(A)(4)).
19.14.470 Site plan and architectural approval – Principles to be observed.
In carrying out the purpose of this title, the zoning administrator shall consider in each specific case any or all of the following principles as may be appropriate:
A. It is not a purpose of this title that control of design character should be so rigidly enforced that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this title that any control exercised be the minimum necessary to achieve the overall objective of this title.
B. Good design character is based upon the suitability of building and site design for its purposes; upon the appropriate use of sound materials; and upon the principles of harmony and proportion in the overall design.
C. Good design character is not, in itself, more expensive than poor design, and is not dependent upon the particular style of design selected.
D. The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered.
E. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set by any ordinance of the city.
F. Landscaping in accordance with the landscaping manual of the city shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible.
G. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety.
H. All the factors specified in this section shall be related to the setting or established character of the neighborhood or surrounding area.
I. Undergrounding of overhead utilities may be required by the zoning administrator subject to approval of the planning commission. (Ord. 1653 § 1, 1975; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(5)).
19.14.480 Site plan and architectural approval – Zoning permit issuance prerequisite – Building inspector authority – Appeals.
A. Following site plan and architectural approval by the zoning administrator as provided in this chapter, and provided all other applicable requirements of this chapter have been met, the chief building officer shall issue a zoning permit, as provided in CVMC 19.14.500 through 19.14.550, and shall ensure that development is undertaken and completed in conformity to the approved plans. A copy of the decision resolution of the zoning administrator shall be filed with the director of planning and building and mailed to the applicant. Appeals from determinations by the zoning administrator shall be to the planning commission, upon written request for a hearing before the commission. In the absence of such request being filed within seven days after determination by the administrator, the determination shall be final.
B. The appeal shall be filed with the director of planning and building on the form required by the director of planning and building, and be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the zoning administrator. Upon the proper filing of the appeal, the director of planning and building shall cause the matter to be set for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080.
C. Upon the hearing of an appeal, the planning commission may, by resolution, affirm, reverse or modify, in whole or in any part, any determination of the zoning administrator. The resolution shall contain findings of facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles in CVMC 19.14.470, the provisions of the design manual or any design standards required for the project, or other nonconformity with the requirements of this chapter. A copy of the decision resolution of the planning commission shall be filed with the city clerk and mailed to the applicant. The decision of the planning commission shall be final on the eleventh day after its filing, except where further appeal is taken as provided herein.
D. The applicant or other interested person may appeal the decision of the planning commission granting or denying site plan and architectural approval to the city council within 10 days after said decision is filed with the city clerk. Said appeal shall be filed with the city clerk in writing upon forms provided by the director of planning and building and be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. If a proper appeal is filed within the time limits specified, it automatically stays proceedings in the matter until a determination is made by the city council on the appeal.
E. Upon the filing of the appeal, the city clerk shall set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The city clerk shall send the director of planning and building a duplicate copy of the appeal and shall transmit to the city council the minutes of the hearing before the planning commission and/or zoning administrator (if any), and all other evidence, maps, papers and exhibits upon which the planning commission made its decision.
F. After hearing the appeal, the city council may, by resolution, affirm, reverse or modify, in whole or in any part, any determination of the zoning administrator or the planning commission. The council resolution by which the appeal is decided shall contain findings of facts showing wherein the project meets or fails to meet the applicable site plan and architectural principles in CVMC 19.14.470, the provisions of the design manual, or any design standards required for the project, or other nonconformity with the requirements of this chapter. A copy of the decision resolution of the city council shall be filed with the city clerk and mailed to the applicant. (Ord. 2790, 1999; Ord. 2587 § 1, 1994; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(6)).
19.14.485 Landscape plan approval – Purpose – Required when.
The purpose of landscape plan approval is to determine compliance with this title and the provisions of the landscape manual of the city. Landscape plan approval shall be required for the following projects: multiple-family, commercial, industrial, planned unit development, unclassified uses, remodeling over $20,000 for the above uses, developments with precise plans, parking lots with five or more stalls and graded slopes. (Ord. 2616 § 3, 1994; Ord. 2011 § 2, 1982).
19.14.486 Landscape plan approval – Application – Accompanying documents – Fee.
A. Applications for landscape plan approval shall be made to the zoning administrator, and shall be accompanied by the drawings and information prescribed by the landscape manual. Each application shall also be accompanied by the required filing fee(s).
B. Appeal. The zoning administrator shall approve, conditionally approve or deny landscape plans. The applicant may appeal a denial or conditions imposed upon approval by filing a written appeal to the planning commission, in accordance with CVMC 19.14.050, within 10 days of receipt of notification of denial or conditional approval from the zoning administrator. Such appeal shall be in writing on the form promulgated by the affected director, accompanied by the required fee, and shall specify wherein the action of the zoning administrator is inconsistent with the landscape manual and/or other applicable ordinances, manuals or policies of the city. The planning commission may grant, conditionally grant, or deny the appeal. The decision of the planning commission is final, and shall be based upon the landscape manual, and/or other applicable ordinances, manuals, or policies of the city. (Ord. 2616 § 4, 1994; Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982).
19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals.
In any R zone, a customary home occupation may be permitted subject to a home occupation permit granted by the planning director which is merely incidental and secondary to residence use. Each such permit shall be accompanied by the required filing fee(s). The following are typical home occupations: fine arts, handicrafts, dressmaking, millinery, laundering, preserving, home cooking, route salesman; or secondary office of a doctor, dentist, lawyer, architect, engineer, teacher or member of another recognized profession. The home occupation shall not:
A. Involve the use of power equipment using motors of more than a total of one horsepower capacity or the equivalent thereof, unless a use permit therefor shall have been issued by the planning commission;
B. Generate vehicular traffic in excess of that associated with a residential use;
C. Create a nuisance by reason of noise, dust, odor, vibration, fumes, smoke, electrical interference, or other causes;
D. Permit any external display of products, merchandise, or any sign to identify the home occupation.
A home occupation permit shall be revoked by the planning director upon violation of any requirement of this chapter, or of any conditions or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit.
In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, appeal may be made in writing to the planning commission, whose decision shall be final. (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code § 33.1314).
19.14.500 Zoning permit – Required when – Exceptions.
The purpose of the zoning permit is to secure compliance with the provisions of this title by property owners requesting building permits. From and after August 8, 1969, no owner shall establish or permit the establishment of any new or changed use of any land or building until a zoning permit therefor has been issued by the building inspector; provided, however, that no zoning permit shall be required for the practice of horticulture or for grazing of livestock. (Ord. 1212 § 1, 1969; prior code § 33.1315).
19.14.510 Zoning permit – Application.
Application shall be made by the property owner or agent thereof on a form prescribed by the city, and shall be accompanied by the required filing fee(s). (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code § 33.1315(A)).
19.14.520 Zoning permit – Accompanying documents required.
The application shall be accompanied by drawings required by the building code and, in addition, by a plot plan showing the lot lines and dimensions and locations of improvements with dimensions and any other data necessary to show that yard requirements and all other provisions of this title are fulfilled. (Ord. 1212 § 1, 1969; prior code § 33.1315(B)).
19.14.530 Zoning permit – Issuance prerequisites – Compliance required.
It shall be the duty of the building inspector to issue a zoning permit; provided, he is satisfied that the structure, building, or premises, and the proposed use thereof, conform with all requirements within this title, and that all other reviews and actions, if any, called for in this title have been complied with and all necessary approvals secured therefor. (Ord. 1212 § 1, 1969; prior code § 33.1315 (C)).
19.14.540 Zoning permit – Use limitations – Display of permit required.
Land or buildings may be occupied and used only for the use for which the zoning permit is issued. Said zoning permit shall be displayed on the site. (Ord. 1212 § 1, 1969; prior code § 33.1315 (D)).
19.14.550 Zoning permit – Grounds for revocation – Notice required – Time limit for use.
The zoning permit may be revoked in either of the following situations:
A. In any case where the conditions of such permit have not been or are not complied with, the permittee shall be given notice of intention to revoke such permit at least 10 days prior to revocation. After conclusion of said 10 days, the permit may be revoked.
B. In any case where the zoning permit has not been used within six months after the date of granting thereof, then, without further action, the permit granted shall be null and void. (Ord. 1212 § 1, 1969; prior code § 33.1315(E)).
19.14.570 Precise plan approval.
Where use is made of the precise plan procedure, as provided in this title, a zoning permit shall not be issued for such development or part thereof until the planning commission and city council have approved a precise plan application for said development as provided in CVMC 19.14.571 through 19.14.580. (Ord. 1632 § 2, 1975).
19.14.571 Precise plan approval – Application and fee.
Application shall be made on a form prescribed for this purpose by the city and shall be accompanied or preceded by a zone change application establishing the P modifying district. The required fee(s) shall accompany the precise plan application. (Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1632 § 2, 1975).
19.14.572 Precise plan approval – Required information.
The application shall include:
A. The name and address of the applicant and of all persons owning any or all of the property proposed to be used. The application must be signed by the owner/option holder, or written permission must be given authorizing an agent to sign the application;
B. All data and maps as specified in CVMC 19.56.042. (Ord. 1632 § 2, 1975).
19.14.573 Precise plan approval – Public hearings.
A public hearing shall be held by the planning commission and city council as provided herein:
A. The hearing before the city council shall be set by the city clerk within 30 days after planning commission action.
B. The secretary of the planning commission and city clerk shall publish notice of hearings in a newspaper of general circulation in the city not less than 10 days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. Any requested exceptions to the requirements of the underlying zone shall be specified in the public hearing notice. (Ord. 2374 § 2, 1990; Ord. 1632 § 2, 1975).
19.14.574 Precise plan approval – Planning commission action.
In taking action the commission may recommend to the city council denial of a precise plan, approval of the precise plan as submitted, or approval of a precise plan subject to additional conditions. The planning commission may recommend approval if, from the facts presented, the commission can make the necessary findings noted in CVMC 19.14.576. Recommendation for approval shall require the affirmative vote of not less than a majority of the total membership of the planning commission. Any precise plan, as authorized, shall be subject to all conditions imposed, and shall be excepted from other provisions of this title only to the extent specified in the resolution of approval or shown by an approved plan. (Ord. 2374 § 2, 1990; Ord. 1632 § 2, 1975).
19.14.575 Precise plan approval – City council action.
The city council, after the public hearing and consideration of the matter, may affirm the action of the planning commission, deny the action of the planning commission, or modify conditions recommended by the planning commission. An affirmative vote of at least three members of the city council shall be necessary to change or modify the recommendations of the planning commission. (Ord. 1632 § 2, 1975).
19.14.576 Precise plan approval – Findings.
The planning commission may recommend approval of the plan and the city council may grant approval of the plan if all of the following facts are found:
A. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;
B. That such plan satisfies the principle for the application of the P modifying district as set forth in CVMC 19.56.041;
C. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district;
D. That approval of this plan will conform to the general plan and the adopted policies of the city. (Ord. 1632 § 2, 1975).
19.14.577 Precise plan approval – Modifications of the precise plan.
Requests for modifications shall be submitted to the planning director in written form and shall be accompanied by the required filing fee(s) and such additional maps, statements or other information as may be required to support the modification. If the proposed modification is deemed by the director of planning to be insignificant in nature, the changes may be approved by the director subject to the filing of a written report to the planning commission and city council. If, in the opinion of the director of planning, the proposed changes are significant in scope, the applicant will be notified within 10 days of the written request that a new application and hearing will be required. (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1632 § 2, 1975).
19.14.578 Precise plan approval – Zoning administrator.
Following the recommendations by the planning commission and approval of a precise plan by the city council, the zoning administrator shall issue a zoning permit as provided in CVMC 19.14.500 through 19.14.550, and the building inspector shall ensure that development is undertaken and completed in conformance with the approved plans. (Ord. 1632 § 2, 1975).
19.14.579 Precise plan approval – Multiple-family dwellings and commercial or industrial projects.
Notwithstanding the provisions of other sections of this chapter, the review of precise plans for multiple-family dwelling, commercial, or industrial projects shall be procedurally governed by the rules adopted by the design review committee, created under CVMC 19.14.581. (Ord. 1893 § 1, 1980; Ord. 1771 § 2, 1977).
19.14.580 Precise plan approval – Multiple-family dwellings and commercial or industrial projects – Zoning administrator.
Following the approval or conditional approval of a precise plan for a multiple-family dwelling, commercial, or industrial project by the design review committee, or upon appeal, by the planning commission or city council, the zoning administrator shall issue a zoning permit, as provided in CVMC 19.14.500 through 19.14.550, and the building inspector shall ensure that the development is undertaken and completed in conformance with the approved plan. (Ord. 1893 § 1, 1980; Ord. 1771 § 2, 1977).
19.14.581 Design review committee – Creation.
In order to relieve the planning commission of certain routine functions necessary to the proper administration of this chapter, to intensify this municipality’s efforts to improve its townscape, and to promote the orderly growth and amenity of the city and environs, there is established a design review committee with such authority as is granted by this chapter. The design review committee’s purpose is to ensure that development within the city of Chula Vista is orderly, of a high quality, and consistent with city-approved design guidelines. (Ord. 2822 § 1, 2000; Ord. 1771 § 3, 1977).
19.14.582 Design review committee – Duties and responsibilities.
A. The design review committee shall review plans for the establishment, location, expansion or alteration of uses or structures in all R-3 zones, all commercial and industrial zones, and development and redevelopment within redevelopment project area boundaries, and shall approve, conditionally approve or deny such plans, except when projects are within the boundaries of a redevelopment project, in which case the committee shall recommend approval, conditional approval or denial to the redevelopment agency of the city. The committee shall render decisions on minor proposals as defined in agency Resolution No. 71.
B. The design review committee shall also review plans for the establishment, location, expansion or alteration of multiple-family dwelling uses, major use permits and commercial or industrial projects or structures located within the 1985 Montgomery annexation area, and governed by Chapter 19.70 CVMC.
C. The responsibility of the design review committee shall be limited to the review of site plans, landscaping, and the exterior design of buildings, for consistency with city-approved design guidelines. In reviewing a residential project, the DRC shall consider the costs/benefits of any recommended improvement as reported by the applicant.
D. The design review committee shall review all appeals filed to contest sign design rulings of the zoning administrator.
E. The design review committee shall base its findings and actions upon the provisions of the effected design manuals of the city.
F. The design review committee shall prepare and adopt operational procedures, bylaws and business forms.
G. The design review committee shall submit annual reports on its operations to the city planning commission and redevelopment agency.
H. The fee for a hearing before the design review committee is the required fee(s).
I. The zoning administrator has the discretion, with the concurrence of the applicant, to act in the place of the design review committee in the case of minor projects, including signs; commercial, industrial or institutional additions which constitute less than a 50 percent increase in floor area or 20,000 square feet, whichever is less; and residential projects of four units or less. The zoning administrator may also act in the place of the design review committee in the case of new commercial, industrial or institutional projects with a total floor area of 20,000 square feet or less when such projects are located within a planned community area with its own design guidelines and design review process. A decision of the zoning administrator may be appealed to the design review committee in the same manner as set forth in CVMC 19.14.583. The fee for zoning administrator design review shall be the required fee(s). (Ord. 2822 § 1, 2000; Ord. 2603 § 2, 1994; Ord. 2506 § 1, 1992; Ord. 2365 § 2, 1990; Ord. 2350 § 1, 1990; Ord. 2309A § 4, 1989; Ord. 2142 § 1, 1986; Ord. 2036 § 1, 1983; Ord. 1961 § 1, 1982; Ord. 1893 § 1, 1980; Ord. 1771 § 3, 1977).
19.14.583 Design review committee – Appeal procedure.
A. Except on decisions involving the redevelopment projects, the applicant or other interested persons may file an appeal from the decision of the design review committee to the planning commission within 10 working days after the decision is filed with the city clerk. The applicant has the choice of filing an appeal from the design review committee directly to either the planning commission or city council. The appeal shall be in writing and filed in triplicate with the planning department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the design review committee. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the planning commission or city council. All appeals regarding projects within redevelopment projects shall be filed with the director of community development and forwarded to the agency.
B. Upon the hearing of such appeal, the planning commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the design review committee. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual.
C. The decision of the planning commission may be appealed to the city council in the same manner as set forth in this section for appeals to the planning commission. (Ord. 2822 § 1, 2000; Ord. 2036 § 1, 1983; Ord. 1994 § 1, 1982; Ord. 1771 § 3, 1977).
19.14.584 Design review committee – Membership qualifications.
A. The design review committee shall consist of five members appointed by the majority vote of the council. The membership shall be comprised of persons sensitive to design consideration and interested in townscape matters. Persons qualified for membership shall include architects, landscape architects, land planners, developers, and other design professionals with suitable experience.
B. All members should be familiar with and able to read and interpret architectural drawings, and be able to judge the effect of a proposed project, structure or sign upon the surrounding neighborhood and community. (Ord. 2822 § 1, 2000; Ord. 1771 § 3, 1977).
19.14.586 Design review committee – Removal or vacancy.
Any member of the design review committee may be removed by a majority vote of the city council. A vacancy shall be filled in the same manner as an original appointment and the person filling the vacancy shall serve for the remainder of the removed member’s unexpired term. If a member is absent without cause from three consecutive regular meetings, the office becomes automatically vacant. A member is not absent without cause if the absence is due to illness, business or vacation. (Ord. 1771 § 3, 1977).
19.14.587 Design review committee – Quorum.
A. Three members shall constitute a quorum. Action by the design review committee requires a majority vote of the quorum.
B. If a project is scheduled for a meeting of the design review committee for final approval, and a quorum is not available for the scheduled meeting, the applicant may choose to have the matter considered by the DRC at its next meeting, may request a special DRC meeting to consider the matter, may request that the DRC application be considered by the planning commission (at no additional cost to the applicant) at its next available meeting (subject to public noticing requirements) for action, or may request that the DRC application be referred directly to the city council (at no cost to the applicant) at its next available meeting (subject to public noticing requirements) for action. (Ord. 2822 § 1, 2000; Ord. 1771 § 3, 1977).
19.14.588 Design review committee – Schedule of meetings.
The design review committee shall meet at least twice each month. Special meetings may be held in accordance with provisions of the Government Code of the state. The meetings shall not be held on any legal holiday. (Ord. 1771 § 3, 1977).
19.14.589 Design review committee – Election of officers.
At the first regularly scheduled meeting of the design review committee, and on each July thereafter, the members shall elect a chairman and vice-chairman from among its members to serve a term of one year, and until the successor of each takes office. (Ord. 1771 § 3, 1977).
19.14.590 Fees for appeals and requested actions before the planning commission and zoning administrator.
For all appeals from actions of the planning commission or zoning administrator or any appeal filed pursuant to Chapter 19.12 or 19.14 CVMC, the fee shall be the required fee(s). In addition, any request for action by the planning commission not specifically covered within the fee structure established by this chapter shall be subject to the required fee(s) therefor. (Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1813 § 2, 1978).
19.14.591 Continuance of project.
Any action by the DRC to continue a project shall be done with the concurrence of the applicant. If the applicant does not agree to a continuance of the project the design review committee shall render a decision. If the project is denied an explanation of the reasons for denial shall be provided. (Ord. 2822 § 1, 2000).
19.14.592 Implementation of design review committee functions in designated areas by Chula Vista redevelopment corporation.
In accordance with Chapter 2.55 CVMC, and notwithstanding any provision of this chapter, the Chula Vista redevelopment corporation shall carry out the duties of the design review committee within those geographic areas of the city that the city council designates as areas within which the Chula Vista redevelopment corporation has the authority to exercise planning and redevelopment functions. (Ord. 3009 § 4, 2005).
19.14.600 Design review approval – Time limit for implementation – Extensions.
Design review approval will be conditioned on the plan being implemented within one year after the effective approval date thereof. Implementation of the plan would include completion of construction or substantial expenditures of money by the property owner preparatory to construction. If there has been a lapse of work for three months after commencement, the approved plans shall be void. The design review committee or the zoning administrator may grant an extension of time for a currently valid plan upon appeal of the property owner; provided, that there has been no material change of circumstances since the original grant of approval which would be injurious to the neighborhood or otherwise detrimental to the public welfare. The application for an extension of time shall be accompanied by the required fee(s). (Ord. 2506 § 1, 1992; Ord. 2309A § 1, 1989).
Chapter 19.16
EXCEPTIONS AND MODIFICATIONSSections:
19.16.010 Applicability of provisions.
19.16.020 Existing lots of record – Defined – Permitted when.
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
19.16.040 Height limitations – Exemptions from applicability designated.
19.16.050 Front yards – Permitted modifications.
19.16.060 Projections into required yards – Permitted when – Fences required when.
19.16.070 Alleys and rear yard depth in C or I zone.
19.16.080 Lots altered by condemnation.
19.16.010 Applicability of provisions.
The requirements and regulations specified hereinbefore in this title shall be subject to the exceptions, modifications and interpretations set forth in this chapter. (Ord. 1212 § 1, 1969; prior code § 33.1001).
19.16.020 Existing lots of record – Defined – Permitted when.
A. An “existing lot of record” shall mean any lot that existed in its present configuration prior to April 22, 1949, or if the subject property conformed to the regulations of the zoning ordinances of April 22, 1949; May, 1964; and the January, 1967, revision.
B. Any improved or unimproved lot that was in conformance with the regulations of the jurisdiction in which it was located, shall, upon annexation to the city, be deemed to be an existing lot of record.
C. In any zone for which a minimum lot area is established, a lot of record having less than the required area and/or width may be used; provided, the owner thereof owns no adjoining, vacant property; and provided further:
1. For the purposes of calculating required side yards, any such lot shall be deemed to have a width of not less than 40 feet;
2. The sum of the side yard widths on any such lot need not exceed 30 percent of the width of the lot, but in no case shall the width of any side yard, if required in said zone, be less than 10 percent of the width of the lot;
3. The depth of the rear yard of any such lot need not exceed 20 percent of the depth of the lot, but in no case shall it be less than 10 feet;
4. In any subdivision where the lots of record are generally 25 feet in width, the building site shall be a parcel of land, the least width of which shall be as follows:
a. For a single lot of record in one recorded ownership upon the effective date of this chapter, 25 feet,
b. For any two such lots whose side lines adjoin, 50 feet,
c. For any five or more such lots, 60 feet, or as otherwise permitted in the zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001(A)).
19.16.030 Agricultural uses – Permitted when – Conditional use permit required when.
Crop and tree farming, as defined herein, shall be permitted as an interim use in any zone, provided the area in which said use is located has not been subdivided or plotted so as to result in parcels of less than one acre. Any buildings, such as accessory farm buildings, packing sheds, wholesale nurseries, etc., shall be subject to a conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.1001(B)).
19.16.040 Height limitations – Exemptions from applicability designated.
Height limitations stipulated in this title shall not apply:
A. To church spires, belfries, cupolas and domes, monuments, electric generating stations and liquefied natural gas tanks, water towers, fire and hose towers, observation towers, distribution and transmission towers, lines and poles, windmills, chimneys, smokestacks, flagpoles, radio towers, masts and aerials, or to parapet walls extending not more than four feet above the limiting height of the building;
B. To places of public assembly in churches, schools and other permitted public and semi-public buildings; provided, that these are located on the ground floor of such buildings; and provided further, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the zone, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the zone;
C. To bulkheads, elevator and stair penthouses, water tanks, barns, silos, monitors and scenery lofts, provided no lineal dimension of any such structure exceeds 50 percent of the corresponding street lot line frontage; or to towers and monuments, fire towers, hose towers, cooling towers, gas holders or other structures where the manufacturing process requires a greater height; provided, however, that no such structures above the heights otherwise permitted in the zone occupy more than 25 percent of the area of the lot and are distant less than 25 feet in all parts from every lot line not a street lot line. (Ord. 1212 § 1, 1969; prior code § 33.1001 (C)).
19.16.050 Front yards – Permitted modifications.
In any R zone, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is different from the least front yard depth prescribed elsewhere in this title, the required depth of the front yard on such lot may be modified. In such case, this shall not be less than the average depth of all existing front yards within 100 feet of the lot in question, or the average depth of existing front yards on the two lots immediately adjoining, or in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. (Ord. 1212 § 1, 1969; prior code § 33.1001(D)).
19.16.060 Projections into required yards – Permitted when – Fences required when.
A. Certain architectural features may project into required yards or courts as follows:
1. Cornices, canopies, eaves or other architectural features may project a distance not exceeding four feet into any front or rear yard and 40 percent into any side yard to a maximum of four feet. In the case of a side yard which is less than five feet, a two-foot projection is permitted; provided, that such projection does not extend closer than one foot to the property line;
2. Fire escapes may project a distance not exceeding four feet, six inches;
3. An uncovered stair and any necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the first floor of the building except for a railing not exceeding three feet in height;
4. Bay windows, balconies and chimneys may project a distance not exceeding three feet; provided, that such features do not occupy, in the aggregate, more than one-third of the length of the building wall on which they are located; except, that in the R-3 and C-O zones bay windows, stairways and balconies may not project into any required side or rear yard abutting an R-E, R-1 or R-2 zone;
5. An open, unenclosed stairway not covered by a roof or canopy may extend or project into a required rear or side yard not more than three feet, except as provided in subsection (A)(4) of this section.
B. In the case of lots backing on a street or thoroughfare, where access to said lot is from another street or thoroughfare, the rear lot line shall be fenced with a masonry wall of a design approved by the zoning administrator. The height of said wall shall be five feet minimum from lot grade or not less than six feet above curb grade. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001 (E)).
19.16.070 Alleys and rear yard depth in C or I zone.
In any C or I zone, one-half of the width of an abutting alley may be included in the measurement of the depth of a required rear yard; provided, however, that any building having access from an alley shall be located not less than 25 feet from the opposite side of said alley. (Ord. 1212 § 1, 1969; prior code § 33.1001(F)).
19.16.080 Lots altered by condemnation.
Any improved lot that does not conform to the minimum requirements of lot area, setbacks and/or frontage because of alteration or reduction by condemnation, shall be considered conforming; except, that setbacks may be changed by the planning commission if found to be harmful or injurious to adjacent properties or if it would constitute a traffic hazard. Any vacant lot made nonconforming, whether improved or unimproved, prior to condemnation shall be considered nonconforming and subject to review by the zoning administrator for feasibility of development prior to issuance of any building permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1001(G)).
Chapter 19.18
ZONING MAPSections:
19.18.010 Adopted – Contents – Filed where.
19.18.020 Rules for interpretation.
19.18.010 Adopted – Contents – Filed where.
This chapter consists of the zoning map or maps of the city of Chula Vista. Said map or maps, properly attested, shall be and remain on file in the office of the planning department. The designations, locations, and boundaries of the districts set forth in Chapter 19.10 CVMC shall be shown on the zoning map or maps of the city. Said map or maps and all notations, references, data and other information shown thereon shall be and are hereby adopted and made a part of this title.
That certain property consisting of 602 acres located south of Telegraph Canyon Road, immediately adjacent to the Chula Vista Medical Center and east of Greg Rogers Community Park as described on General Development Plan map exhibit in PCM 89-7 be, and the same is hereby prezoned to the Planned Community District Zone.
That certain property consisting of 1030.1 acres located westerly of Upper and Lower Otay Lakes Reservoir as described on General Development Plan map exhibit in PCM 89-18 be, and the same is hereby prezoned to the Planned Community District Zone.
That certain 22 acres at 730-751 Medical Center Court be, and the same is hereby rezoned from R-I-H to C-O-P in accordance with planning commission Resolution No. PCZ-90-E adopted on the 8th day of November, 1989.
That certain property consisting of 12.4 acres located between EastLake Parkway and Greensview Drive as described on the EastLake II Land Use District Map (Parcels R-24 and R-25) Exhibit D in PCM-92-03 be, and the same is hereby zoned to the Residential Condominium 10 land use district together with the addition of the Residential Condominium 10 land use district to the EastLake II Planned Community District Regulations as set forth in Exhibit D in PCM-92-03.
That certain property located 2.23 acres at the northeast quadrant of I-805 and Bonita Road is rezoned from C-V-P (Visitor Commercial with Precise Plan) and A-8 (Agricultural, minimum 8 acres) to C-C (Central Commercial), Rancho del Rey.
That certain property located 0.3 acres on the west side of Del Monte, south of Main Street, is rezoned from R-1-6-P (Single Family Residential with Precise Plan) to I-L-P (Limited Industrial with Precise Plan Modifier).
That certain property located 8.56 acres on the east side of Broadway, north of Main Street, and south of Anita Street, is rezoned from I-L-P (Limited Industrial with Precise Plan Modifier) to C-C-P (Central Commercial with Precise Plan Modifier).
That the 5.8 acres located at the southwest corner of Third Avenue and “J” Street be rezoned from C-O (Commercial Office and R-1, Single Family Residential) to C-C-P (Central Commercial Precise Plan).
That certain property consisting of approximately 22,509 acres located south of Jamul, two miles north of the United States-Mexico border, abutting the current western boundary of Chula Vista, and bounded on the east by State Route 94 to PC (Planned Community).
That certain property consisting of approximately 31.63 acres, located at the north terminus of North Fifth Avenue, more particularly known as Assessor’s Parcel Nos. 562-324-02 and 562-324-04 (the “Project Site”), is hereby rezoned from I-L-P (Limited Industrial – Precise Plan) to C-C-P (Central Commercial – Precise Plan).
That certain property consisting of approximately 2.53 acres, located at 760 Broadway within the Southwest Redevelopment Project Area from C-T (commercial thoroughfare) to C-C-P (central commercial with precise plan) (Ordinance 2636) (Ord. 2636 § 2, 1995; Ord. 2614 § 2, 1994; Ord. 2578 § 8, 1993; Ord. 2577 § 3, 1993; Ord. 2539 § 3, 1993; Ord. 2538 § 3, 1993; Ord. 2536 § 3, 1992; Ord. 2514 § 1, 1992; Ord. 2351 § 19, 1990; Ord. 2346 § 1, 1989; Ord. 2323 § 1, 1989; Ord. 1212 § 1, 1969; prior code § 33.401).
19.18.020 Rules for interpretation.
Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on said zoning maps, the following rules shall apply:
A. Street, Alley or Lot Lines. Where indicated zone boundaries are approximately street, alley or lot lines, such lines shall be construed to be the boundaries; otherwise such boundaries shall be determined by use of the scale appearing on the zoning maps unless specifically indicated by dimensions.
B. Determination by Commission. Where uncertainty exists, the commission shall, by written decision, determine the location of the zone boundary, which decision shall be a final determination thereof.
C. Vacated Street or Alley. Where a street or alley is officially vacated, the property formerly in such street or alley shall be included within the zone of the adjoining property on either side thereof. In the event such street or alley was a boundary between two or more different zones, the new zone boundary shall be the former centerline of such vacated street or alley. (Ord. 1212 § 1, 1969; prior code § 33.402).
Chapter 19.20
AGRICULTURAL ZONESections:
19.20.010 Purpose and intent.
19.20.020 Permitted uses.
19.20.030 Accessory uses and buildings.
19.20.040 Conditional uses.
19.20.050 Repealed.
19.20.060 Height regulations.
19.20.070 Area, lot width and yard requirements.
19.20.080 Enclosures for animals.
19.20.090 Site plan and architectural approval.
19.20.100 Off-street parking.
19.20.110 Floor area per unit.
19.20.120 Off-street parking – Garages.
19.20.130 Performance standards.
19.20.010 Purpose and intent.
The purpose of the agricultural zone is to provide a zone with appropriate uses for areas rural in character, which are undeveloped and not yet ready for urbanization. The zone is intended to preserve in agricultural use land which may be suited for eventual development in urban uses, and which will encourage proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development will occur. (Ord. 1212 § 1, 1969; prior code § 33.501(A)).
19.20.020 Permitted uses.
Principal permitted uses in the agricultural zone include:
A. Agriculture, as defined in CVMC 19.04.010 (see CVMC 19.58.030 for “processing plants”);
B. One single-family dwelling per lot or parcel;
C. Public parks;
D. Factory-built home/mobilehome on any lot subject to the provisions of CVMC 19.58.145 and 19.58.530. (Ord. 1941 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(B)).
19.20.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses permitted in the agriculture zone, subject to the regulations for such as required herein, include:
A. Living quarters of persons regularly employed on the premises and transient labor, maximum of two families; but not including labor camps, labor dwellings, or other accommodations or areas for transient labor (see CVMC 19.58.200 for provisions for labor dwellings or camps);
B. Guest houses (see CVMC 19.04.106 for definition of “guest house”), subject to the provisions of CVMC 19.58.020(D), and not rented or otherwise conducted as a business;
C. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490;
D. Offices incidental and necessary to the conduct of a permitted use;
E. Private garages and parking areas subject to the provisions of CVMC 19.58.230 and 19.58.280;
F. Roadside stands, not exceeding 400 square feet in floor area, for the sale of agricultural products grown on the premises;
G. Public and private noncommercial recreation areas, uses, and facilities, including country clubs and swimming pools subject to the provisions of CVMC 19.58.090;
H. Stables and corrals subject to the provisions of CVMC 19.58.310;
I. Accessory second dwelling units, subject to the provisions of CVMC 19.58.022. (Ord. 2897 § 2, 2003; Ord. 2145 § 2, 1986; Ord. 2124 § 3, 1985; Ord. 1364 § 1, 1971; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501 (C)).
19.20.040 Conditional uses.
Conditional uses in the agricultural zone include:
A. Poultry farms, subject to the provisions of CVMC 19.58.240;
B. Kennels, subject to the provisions of CVMC 19.58.190;
C. Riding stables, subject to the provisions of CVMC 19.58.190;
D. Guest ranches, subject to the provisions of CVMC 19.58.270;
E. Quarters, accommodations, or areas for transient labor in excess of two families, such as labor dwellings or camps, subject to the provisions of CVMC 19.58.200;
F. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
G. Unclassified uses, see Chapter 19.54 CVMC;
H. Stables and corrals, subject to the provisions of CVMC 19.58.310;
I. Hay and feed stores, retail, subject to the provisions of CVMC 19.58.175;
J. Plant nurseries. (Ord. 1604 § 1, 1975; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(D)).
19.20.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(E)).
19.20.060 Height regulations.
No structure shall exceed two and one-half stories or 35 feet in height, except as provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(F)).
19.20.070 Area, lot width and yard requirements.
The following minimum requirements shall be observed in the agricultural zone, except where modified for conditional uses (see CVMC 19.16.020, 19.16.050, 19.16.060 and 19.16.080 for exceptions and modifications):
Yards in Feet
Classification
Lot Areas
Lot Width (ft.)
Maximum Stories
Front and Exterior Side Yards
One Side Yard
Both Side Yards
Rear
A-8
8 acres
300
2-1/2
50*
20
50
50
A-X
as designated on zoning map but not less than eight acres
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(G)).
19.20.080 Enclosures for animals.
Any building or enclosure in which animals or fowl, except domestic pets, are contained in the agricultural zone shall be distant at least 200 feet from any lot in any R or C district, or from any school or institution for human care. (Ord. 1212 § 1, 1969; prior code § 33.501(H)(1)).
19.20.090 Site plan and architectural approval.
Site plan and architectural approval is required of all conditional uses in the agricultural zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.501(H)(2)).
19.20.100 Off-street parking.
Off-street parking is required for all uses in the agricultural zone as provided in CVMC 19.62.170 through 19.62.190. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(H)).
19.20.110 Floor area per unit.
Minimum floor area regulations shall be as required in CVMC 19.24.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(I)).
19.20.120 Off-street parking – Garages.
A. Off-street parking is required for all uses, as provided in CVMC 19.62.010 through 19.62.130.
B. The two-car garage requirement for single-family homes shall apply, as provided in CVMC 19.62.170 through 19.62.190. For garage conversion regulations, see CVMC 19.62.170 through 19.62.190. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(J)).
19.20.130 Performance standards.
All uses in the agricultural zone may be subject to initial and continuing compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.501(K)).
Chapter 19.22
R-E – RESIDENTIAL ESTATES ZONESections:
19.22.010 Purpose.
19.22.020 Permitted uses.
19.22.030 Accessory uses and buildings.
19.22.040 Conditional uses.
19.22.050 Repealed.
19.22.060 Height regulations.
19.22.070 Area, lot width and yard requirements.
19.22.080 Minimum lot frontage.
19.22.090 Minimum lot area – Reduction permitted when.
19.22.100 Floor area per unit – Minimum – Purpose and intent.
19.22.110 Floor area per unit – Minimum – Regulatory provisions.
19.22.120 Off-street parking.
19.22.130 Performance standards.
19.22.140 Fencing requirements.
19.22.150 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
19.22.160 Floor area ratio.
19.22.170 Building additions and remodeling.
19.22.010 Purpose.
The purpose of the R-E zone is to promote and preserve an open, rural environment on large parcels of land. The R-E zone is designed to accommodate suburban single-family homes and compatible agricultural uses with requirements for the community services and facilities appurtenant thereto. (Ord. 1212 § 1, 1969; prior code § 33.502 (A)).
19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot or parcel;
B. Crop and tree farming. (Ord. 1212 § 1, 1969; prior code § 33.502(B)).
19.22.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses shall be permitted in the R-E zone subject to the regulations herein:
A. Guest houses (see CVMC 19.04.106 for definition of “guest house”), subject to the provisions of CVMC 19.58.020(D), and not rented or otherwise conducted as a business;
B. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490;
C. Private stables and corrals, subject to the provisions of CVMC 19.58.310;
D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098;
E. Temporary tract offices and tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;
F. A satellite dish antenna may be located in a residential district when it complies with the following conditions:
1. It is ground-mounted;
2. It is not located in a front yard or exterior side yard, said yard to be measured from any portion of the building to the front or exterior side property line;
3. It complies with setback requirements of the underlying zone for accessory structures;
4. It does not exceed 12 feet in height above existing grade;
5. It shall be located on lots where at least a five-foot-high solid wall or fence is installed between the dish antenna and adjacent properties;
6. It shall be adequately screened from any adjacent residential zone, right-of-way, or private street easements, at horizontal grade level to the satisfaction of the zoning administrator;
7. It shall not be located in the H – hillside modifying district;
8. Only one satellite dish antenna shall be permitted per lot;
9. Satellite dish antennas with diameters measuring less than one meter may be installed in a manner consistent with typical television antennas;
10. Satellite dish antennas shall be used for private, noncommercial purposes;
11. All satellite dish antennas, in any zone constructed and erected prior to the effective date of the ordinance codified herein, which do not conform to the requirements of the provisions of this title for the particular zones in which they are located, shall be accepted as nonconforming antennas for a period of three years, to expire February 14, 1989. Thereafter, the satellite dish antennas shall be subject to immediate abatement via removal or through modification or relocation to comply with the standards of this section;
12. A building permit shall be required;
13. Replacement of an existing nonconforming antenna with another satellite dish antenna, or removal of a nonconforming antenna for a period longer than 60 days, shall constitute abandonment of the nonconforming antenna, and is subject thereafter to the standards of this section;
G. Large family day care homes, subject to the provisions of CVMC 19.58.147;
H. Accessory second dwelling units, subject to the provisions of CVMC 19.58.022. (Ord. 2897 § 3, 2003; Ord. 2269 § 3, 1988; Ord. 2160 § 1, 1986; Ord. 2145 § 2, 1986; Ord. 2138 § 1, 1986; Ord. 2124 § 4, 1986; Ord. 2111 § 2, 1985; Ord. 2108 § 1, 1985; Ord. 1575 § 1, 1975; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(C)).
19.22.040 Conditional uses.
Site plan and architectural approval as provided in CVMC 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-E zone:
A. Public and private noncommercial recreation areas and facilities, such as country clubs and swimming pools (for additional provisions, see CVMC 19.58.100 and 19.58.270);
B. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
C. Unclassified uses, see Chapter 19.54 CVMC;
D. Dwelling groups, subject to the provisions of CVMC 19.58.130. (Ord. 2269 § 4, 1988; Ord. 2111 § 3, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(D)).
19.22.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502 (E)).
19.22.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height. However, an increase in building height may be allowed subject to approval of a conditional use permit. No accessory building shall exceed one and one-half stories or 15 feet in height except as provided in CVMC 19.16.040. The height of a residential structure is measured from the highest point of the roof line to finished grade. (Ord. 2144 § 2, 1986; Ord. 1212 § 1, 1969; prior code § 33.502(F)).
19.22.070 Area, lot width and yard requirements.
Area, lot width, and yard requirements in the R-E zone shall be as follows (see CVMC 19.16.020,
19.16.050, 19.16.060 and 19.16.080 for exceptions and modifications):
A. All buildings, including accessory buildings and structures, in the residential estates zone shall not cover more than 40 percent of the lot;
B. The following minimum requirements shall be observed, except as modified for conditional uses. The minimum lot area required shall be designated on the zoning map:
Setbacks in Feet
Classification
Minimum Lot Area (sq. ft.)
Minimum Lot Width (ft.)
Front
Exterior Side Yard
One Side Yard
Both Side Yards
Rear
R-E 4A
4 acres
200
25*
20*
15
30
25
R-E 2A
2 acres
200
25*
20*
15
30
25
R-E 40
40,000
150
25*
20*
15
30
25
R-E
20,000
100
25*
15*
10
20
25
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(G)).
19.22.080 Minimum lot frontage.
Every lot in the R-E zone shall have a minimum frontage upon a dedicated street of 100 feet, unless such lot fronts upon an approved easement or private road as provided in this chapter (see CVMC 19.22.150) or unless such lot has been approved by the planning commission or city council pursuant to the provisions of this code or any ordinance which may hereafter be enacted providing for the subdivision of land or the dedication of public streets. (Ord. 1868 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(H)(1)).
19.22.090 Minimum lot area – Reduction permitted when.
In the R-E zone, if the overall net density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of said minimum for not more than 25 percent of the lots within the area being subdivided. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(H)(2)).
19.22.100 Floor area per unit – Minimum – Purpose and intent.
It is the intent of this section and CVMC 19.24.110 to establish minimum floor areas for dwelling units in the R-E and single-family zones. The purpose of establishing such minimum floor areas is to ensure adequate living space for residents in said zones consistent with the health, safety and general welfare of the public, and to encourage new construction which will be aesthetically pleasing and will constitute an enhancement of the economic value of the immediate neighborhood and the entire community. (Ord. 1212 § 1, 1969; prior code § 33.502(I)(1)).
19.22.110 Floor area per unit – Minimum – Regulatory provisions.
The minimum floor area per main dwelling unit in the R-E zone shall be as follows:
A. One thousand (1,000) square feet for each dwelling unit containing one bedroom, two bedrooms, or one bedroom and den, family room or other such room designated for miscellaneous purposes;
B. One thousand two hundred (1,200) square feet for each dwelling unit containing three bedrooms or two bedrooms and den, family room or any other such room designated for miscellaneous purposes;
C. One thousand three hundred (1,300) square feet for each dwelling containing four bedrooms or three bedrooms and den, family room or any other such room designated for miscellaneous purposes, or more. (Ord. 1500 § 1, 1973; Ord. 1213 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.502(I)(2)).
19.22.120 Off-street parking.
The two-car garage requirement applies in the R-E zone (see CVMC 19.62.170 through 19.62.190 for garage requirements and conversions). (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(J)).
19.22.130 Performance standards.
All uses in the R-E zone may be subject to initial and continuing compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(K)).
19.22.140 Fencing requirements.
See CVMC 19.58.150 for fencing requirements in the R-E zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(L)).
19.22.150 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
A. Panhandle lots, flag lots or lots served by an easement proposed within a subdivision shall meet the criteria contained in this section.
B. No lot may be created or developed under this provision which could otherwise be served by a public street unless approved by the director of planning and the city engineer.
C. All development permitted under this provision shall be subject to the regulations and requirements of this title except as otherwise regulated in this section.
D. The division of any property under this provision shall be subject to the regulations of the State Map Act and subdivision ordinance of the city.
E. Not more than four lots served by a private road or easement shall be allowed under this provision unless this restriction is waived by the director of planning or city council.
F. The responsibility for the maintenance and cost of maintenance of all common areas, roads or easements and guest parking areas shall be shared under contractual agreement by the property owner of each lot; this shall be accomplished through the formation of a homeowner’s association.
G. Development Criteria.
1. Road and easement widths shall be as follows: one lot, 15 feet; two lots, 20 feet; four lots, 20 feet; five or more lots, 24 feet, in accordance with private street standards as outlined in city’s subdivision manual. These widths may be increased if it is determined by the director of planning that a sidewalk is required.
2. All driveways, guest parking areas and roadways shall be paved with a minimum of five inches of portland concrete cement.
3. Each lot shall contain an area not less than the minimum lot size of the underlying zone exclusive of all private roads, common areas and guest parking areas.
4. All on-site utilities shall be undergrounded.
5. Each dwelling shall be connected to a gravity sewer unless otherwise approved by the city engineer.
6. An on-site fire hydrant may be required by the fire department when such is deemed necessary.
7. Guest parking shall be provided as follows:
One lot, one space; two lots, three spaces; three lots, five spaces; four lots, six spaces.
The individual driveways to the garage shall not be construed as meeting the guest parking requirement.
8. Accessory structures shall not be located closer than 10 feet to any dwelling located on adjacent property.
9. The following setbacks shall be observed:
a. Front yard: 15 feet from any access drive and guest parking areas;
b. Any garage facing an access drive shall be a minimum of 22 feet from the drive;
c. Side yard: not less than that required by the underlying zone;
d. Rear yard: not less than that required by the underlying zone upon initial construction.
10. A minimum five-foot-high fence shall be provided on each side of the private drive behind the front setback and on those property lines abutting adjoining properties. This requirement may be modified or waived by the director of planning if it is found that said fence is not necessary for the protection of the adjoining properties.
11. If the property is graded to create a building pad for each lot, the minimum level area (no slope over five percent) of each pad shall be not less than 80 percent of the minimum lot size of the underlying zone, but in no case shall the minimum area be less than 5,000 square feet. Development proposed on existing natural topography, having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the director of planning, who shall consider whether such development will adversely affect adjacent properties or development.
12. Guest parking areas shall be adequately screened from on-site and adjacent residential properties.
H. No garage conversions shall be permitted.
I. Development shall be subject to site plan and architectural approval of the director of planning. (Ord. 2399 § 1, 1990; Ord. 1868 § 2, 1979).
19.22.160 Floor area ratio.
Construction of dwellings or any remodeling or additions to existing dwellings shall have a floor area ratio (FAR) which limits the maximum building area to 45 percent of the lot area for single-family dwellings on lots of 7,000 square feet or greater and 50 percent of the lot area or 3,150 square feet, whichever is less, for single-family dwellings on lots of less than 7,000 square feet. The floor area ratio calculation shall also include the square footage of patios, garages and other accessory structures present on the lot, but excluding covered patios open on at least two sides and covered porches open on at least one side with a total combined area of 300 square feet or less. For these purposes, an “accessory structure” is defined as any structure which rises four or more feet above finished grade. (Ord. 2559 § 3, 1993; Ord. 2144 § 2, 1986).
19.22.170 Building additions and remodeling.
A. Additions, Greater than 50 Percent. If an addition to a legal existing dwelling unit constitutes an increase of 50 percent or more of the floor area of the original building’s square footage, the existing building, including the addition, shall comply with current zoning code standards, except for the current building setback standards which would only apply to the addition.
B. Additions, Less than 50 Percent. If an addition to a legal existing dwelling unit constitutes less than 50 percent of the floor area of the original building’s square footage, the existing building may be expanded or altered along the existing horizontal side yard building plane; provided, all of the following criteria are met:
1. The proposed addition is located on a lot that is 60 feet wide or greater at the front setback line; and
2. The proposed addition maintains a minimum five-foot setback from the side property line; and
3. There is a minimum 10-foot separation between the horizontal building plane of the existing dwelling unit and the addition and the horizontal building plane of an existing residence on an adjacent lot; and
4. There is a minimum six-foot separation between the edge of the proposed addition and any accessory building on-site or on an adjacent property.
C. Verification of Square Footage. For purposes of this section, the original dwelling unit’s square footage shall be determined by a dimensioned floor and site plan submitted by the applicant to the director of planning for review and verification. (Ord. 2711 § 1, 1997; Ord. 2144 § 2, 1986).
Chapter 19.24
R-1 – SINGLE-FAMILY RESIDENCE ZONESections:
19.24.010 Purpose.
19.24.020 Permitted uses.
19.24.030 Accessory uses and buildings.
19.24.040 Conditional uses.
19.24.050 Repealed.
19.24.060 Height regulations.
19.24.070 Area, lot width and yard requirements.
19.24.080 Standards for application – R-1-7 zone classification.
19.24.090 Standards for application – R-1-5 zone classification.
19.24.100 Setbacks – Requirements generally.
19.24.110 Frontage requirements.
19.24.120 Setbacks – Rear yards – Exceptions permitted when.
19.24.130 Floor area per unit.
19.24.140 Off-street parking.
19.24.150 Performance standards.
19.24.160 Fencing requirements.
19.24.170 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
19.24.180 Floor area ratio.
19.24.190 Building additions and remodeling.
19.24.010 Purpose.
The purpose of this zone is to stabilize and protect the residential characteristics of the areas so designated and to promote and encourage a suitable environment for family life. The R-1 zone is basically intended to provide communities primarily for single-family detached homes and the services appurtenant thereto. (Ord. 1212 § 1, 1969; prior code § 33.503(A)).
19.24.020 Permitted uses.
Principal permitted uses in the R-1 zone include:
A. One single-family dwelling on any lot;
B. Factory-built home/mobilehome on any lot, subject to the provisions of CVMC 19.58.145 and 19.58.330;
C. All portions of the dwelling, factory-built home or mobilehome used for living or sleeping purposes shall be attached by common walls;
D. Large family day care homes, subject to the provisions of CVMC 19.58.147. (Ord. 2260 § 1, 1988; Ord. 2161 § 1, 1986; Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.503(B)).
19.24.030 Accessory uses and buildings.
Accessory uses permitted in the R-1 zone include:
A. Rooming and boarding of not more than two persons; provided, off-street parking space is available for any automobile owned or operated by any boarder or roomer, in addition to any space required for the principal residents of the dwelling;
B. Customary incidental home occupations and professional offices, subject to the provisions of CVMC 19.14.490;
C. The keeping of cats and/or dogs, not to exceed the number permitted by the animal ordinance for each dwelling unit;
D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098;
E. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of Chapter 19.58 CVMC;
F. Satellite dish antennas as per the provisions of CVMC 19.22.030(F);
G. Temporary tract offices and tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;
H. Agricultural uses as provided in CVMC 19.16.030;
I. Satellite dish antennas as per the provisions of CVMC 19.22.030(F);
J. Large family day care homes, subject to the provisions of CVMC 19.58.147;
K. Accessory second dwelling units, subject to the provisions of CVMC 19.58.022. (Ord. 2897 § 4, 2003; Ord. 2269 § 5, 1988; Ord. 2160 § 1, 1986; Ord. 2145 § 1, 1986; Ord. 2138 § 1, 1986; Ord. 2124 § 5, 1985; Ord. 2117 § 1, 1985; Ord. 2111 § 4, 1985; Ord. 1575 § 1, 1974; Ord. 1494 § 1, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(C)).
19.24.040 Conditional uses.
Site plan and architectural approval as provided in CVMC 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-1 zone:
A. Dwelling groups, subject to the provisions of CVMC 19.58.130;
B. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
C. Unclassified uses, see Chapter 19.54 CVMC;
D. Private, noncommercial, recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270);
E. Professional offices (for additional provisions, see CVMC 19.58.244). (Ord. 2269 § 6, 1988; Ord. 2260 § 1, 1988; Ord. 2111 § 5, 1985; Ord. 1822 § 1, 1978; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(D)).
19.24.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(E)).
19.24.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height; however, an increase in building height may be allowed subject to approval of a conditional use permit. No accessory building shall exceed one and one-half stories or 15 feet in height except as provided in CVMC 19.16.040. The height of a residential structure is measured from the highest point of the roof line to finished grade. (Ord. 2144 § 3, 1986; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503 (F)).
19.24.070 Area, lot width and yard requirements.
Area, lot width, and yard requirements in the R-1 zone are as follows (see CVMC 19.16.020, 19.16.050, 19.16.060 and 19.16.080 for exceptions and modifications):
A. All buildings, including accessory buildings and structures in the single-family residence zone shall not cover more than 40 percent of the lot.
B. Minimum Dimensions. The following minimum dimensions shall be observed; provided, however, that such dimensions may be modified by the granting of a conditional use permit. The minimum requirements shall be one of the following district classifications as designated on the zoning map:
Setbacks in Feet
Classification
Minimum Lot Area (sq. ft.)
Minimum Lot Width (ft.)
Front
Exterior Side Yard
One Side Yard
Both Side Yards
Rear
R-1-15
15,000
85
25
10
10
20
20
R-1-10
10,000
70
20
10
10
15
20
R-1-7
7,000
6,000
60
60
15
15
10
10
10
10
13
13
20
20
R-1-5
5,000
50
15
10
5
10
15
C. Existing developed lots of record (May 23, 1989) in the R-1-7 zone which measure less than 60 feet in width at the front setback may maintain the minimum side yards as noted above for the R-1-5 district for replacements or additions which constitute less than 50 percent of the floor area of the existing dwelling. (Ord. 2311 § 1, 1989; Ord. 1356 § 1, 1971; Ord. 1237 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.503(G)).
19.24.080 Standards for application – R-1-7 zone classification.
The R-1-7 zone classification and the minimum dimensions requirement prescribed for said classification shall be considered to be the basic or standard lot size throughout the city; provided, however, that in those areas placed in the R-1-7 classification, if a subdivision map is filed, the minimum lot sizes for 20 percent of the lots created by said subdivision may be reduced to 6,000 square feet, and 10 percent of the lots thus created may be reduced to 5,000 square feet, said lots being subject to those minimum dimensional requirements as set forth hereinabove for such lot areas; provided, that the average lot size of all the lots within the subdivision shall equal a minimum of 7,000 square feet. (Ord. 1500 § 2, 1973; Ord. 1212 § 1, 1969; prior code § 33.503(H)(1)).
19.24.090 Standards for application – R-1-5 zone classification.
The incorporation of any properties into the R-1-5 classification shall be restricted to those areas deemed most appropriate in accordance with the basic principles set forth herein. Particular attention will be given to the character of the topography involved so as to insure the capability of accommodating lots of this size in a manner that would provide appropriate usable level space for each lot. The filing and approval of a final subdivision map will be required prior to any such R-1-5 zoning becoming effective, and in addition, a precise plan may be required as provided in CVMC 19.12.120. Said map should insure that the density of the subdivision will be properly related to that existing or proposed in surrounding areas, and that the development will not be incompatible with sound neighborhood density standards, and further, that public facilities will not be overburdened. Open space should be provided or available in the form of natural canyons, green belts, park areas or such other forms which would contribute to better land use and design and accommodate the recreational needs of families who would be living in areas designated for 5,000 square foot minimum lot sizes. (Ord. 1212 § 1, 1969; prior code § 33.503 (H)(2)).
19.24.100 Setbacks – Requirements generally.
Front and side yard setback requirements for particular zone classifications shall be provided and maintained in accordance with the schedule set forth hereinabove, or in accordance with those specified in the building line map. Those setback requirements as shown on the adopted building line map of the city shall be adhered to in any case where said requirements differ from setbacks established in said schedule. Furthermore, regardless of any minimum side yard requirements as indicated in said schedule, the minimum distance between dwelling units shall be 10 feet, and no dwelling unit may be constructed closer than three feet to any side property line with the exception of the R-1-5 zone classification which shall maintain a minimum of five feet. Said minimum three-foot dimension shall be measured on a horizontal plane on the level of the foundation of the dwelling unit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(I)(1)).
19.24.110 Frontage requirements.
Every lot in the R-1 zone having an area between 5,000 square feet and 5,999 square feet shall have a minimum lot frontage upon a dedicated street of 50 feet, and every lot having an area of 6,000 square feet or greater shall have a minimum lot frontage upon a dedicated street of 60 feet, unless such lots front upon an approved easement or private road as provided for in this chapter (see CVMC 19.24.170) or unless such lots have been approved by the planning commission or city council pursuant to the provisions of this code or any ordinance which may hereafter be enacted providing for the subdivision of land or the dedication of public streets. (Ord. 1868 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(I)(2)).
19.24.120 Setbacks – Rear yards – Exceptions permitted when.
In the R-1 zone, single-story structures attached to the main building may be located within 10 feet of the rear property line, but shall not be closer than five feet from any retaining wall or toe of slope and said structure shall not occupy more than 30 percent of the rear yard area. Rear yards that have an elevation difference of six feet or more from the adjoining lot or parcel may reduce said 10 feet one foot for every foot over six feet but not more than five feet. Two-story portions of the building shall not be closer than the required rear yard setback. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(I)(3)).
19.24.130 Floor area per unit.
Minimum floor area in the R-1 zone shall be as follows:
A. One thousand (1,000) square feet for each dwelling unit containing one bedroom, two bedrooms, or one bedroom and den, family room or any other such room designated for miscellaneous purposes;
B. One thousand two hundred (1,200) square feet for each dwelling unit containing three bedrooms or two bedrooms and den, family room or any other such room designated for miscellaneous purposes;
C. One thousand three hundred (1,300) square feet for each dwelling containing four bedrooms or three bedrooms and den, family room or any other such room designated for miscellaneous purposes, or more.
Exception: Except in the case of the 1,000 square feet dwelling units, an applicant may reduce the above minimums by 200 square feet per unit for 30 percent of the dwellings within an approved subdivision; provided, the average house size within the development conforms to the minimum requirements specified above. (Ord. 1500 § 3, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(J)).
19.24.140 Off-street parking.
The two-car garage requirement applies in the R-1 zone (see CVMC 19.62.170 through 19.62.190 for garage requirements and conversions). (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(K)).
19.24.150 Performance standards.
All uses in the R-1 zone may be subject to the initial and continued compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(L)).
19.24.160 Fencing requirements.
See CVMC 19.58.150 for fencing requirements in the R-1 zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.503(M)).
19.24.170 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
Panhandle lots, flag lots, or lots served by an easement shall be provided in the R-1 zone subject to the requirements and conditions of CVMC 19.22.150. (Ord. 1868 § 2, 1979).
19.24.180 Floor area ratio.
Construction of dwellings or any remodeling or additions to existing dwellings shall have a floor area ratio (FAR) which limits the maximum building area to 45 percent of the lot area for single-family dwellings on lots of 7,000 square feet or greater and 50 percent of the lot area or 3,150 square feet, whichever is less, for single-family dwellings on lots of less than 7,000 square feet. The floor area ratio calculation shall also include the square footage of patios, garages and other accessory structures present on the lot, but excluding covered patios open on at least two sides and covered porches open on at least one side with a total combined area of 300 square feet or less. For these purposes, an “accessory structure” is defined as any structure which rises four or more feet above finished grade. (Ord. 2559 § 4, 1993; Ord. 2144 § 3, 1986).
19.24.190 Building additions and remodeling.
See CVMC 19.22.170 for limitations to remodeling or additions to existing dwellings. (Ord. 2144 § 3, 1986).
Chapter 19.26
R-2 – ONE- AND TWO-FAMILY RESIDENCE ZONESections:
19.26.010 Purpose and requirements generally.
19.26.020 Permitted uses.
19.26.030 Accessory uses and buildings.
19.26.040 Conditional uses.
19.26.050 Sign regulations.
19.26.060 Repealed.
19.26.070 Area, lot width and yard requirements – Minimum requirements – Schedule.
19.26.080 Area, lot width and yard requirements – Standards for R-2-T and R-2-X classifications.
19.26.090 Area, lot width and yard requirements – Setbacks.
19.26.100 Floor area per unit – Minimum – Purpose and intent.
19.26.110 Floor area per unit – Minimum – Regulatory provisions.
19.26.120 Off-street parking – Garages.
19.26.130 Fencing requirements.
19.26.140 Performance standards.
19.26.150 Rear yard setback exceptions.
19.26.160 Frontage requirements.
19.26.170 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
19.26.180 Floor area ratio.
19.26.190 Building additions and remodeling.
19.26.010 Purpose and requirements generally.
A. The basic use permitted in the R-2 zone is the lowest density of multiple dwelling units, namely the duplex. It is the purpose of the city council to provide in this zone a density level commensurate with the density allowable under the most restrictive multiple-family zone but to retain the fundamental characteristics to be found in the R-1 zone, i.e., private yards and patios, individual recreational facilities, privately maintained open space, and privacy and self-containment of dwelling units. In order to provide these characteristics, the council hereby establishes a wider range of principal permitted uses to create greater diversity and flexibility of housing concepts; to extend the single-family private dwelling unit amenities to all economic levels; to provide a broader range of lot sizes; and to satisfy the full variety of tastes, needs and desires in housing.
B. It is the full intent of the city council to authorize as principal permitted uses, in addition to the duplex or two-family dwelling units on a single lot, two single-family attached dwelling units on two contiguous lots and dwelling groups as provided in this chapter. The attached single-family dwelling unit concept would permit the reduction of lot sizes to 3,500 square feet and the sale of individual attached single-family dwelling units constructed on such lots to separate ownerships.
C. Authorization for this latter housing concept for either new construction or existing duplex units would require filing of a subdivision or parcel map and provision for the amenities delineated herein as normally associated with the single-family housing concept to be found in the R-1 zone. In addition to site plan and architectural review, landscaping plans, fencing plans, housing floor plans and basic construction designs must be presented for the approval of the planning commission to insure the creation of an overall community environment similar to the R-1 zone.
The owners and developers applying for authorization for said attached single-family dwelling units in the R-2 zone must also provide covenants, conditions and restrictions to insure compatibility in the maintenance, repair or remodeling of the attached dwelling units held under separate ownership. Said deed restrictions shall be subject to the approval of the planning commission and must be recorded concurrently with the recordation of the single subdivision map or parcel map. The commission may require the establishment of a maintenance district incorporating said conditions and obligations. (Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504 (A)).
19.26.020 Permitted uses.
The following are the principal permitted uses in an R-2 zone:
A. One single-family dwelling on any lot;
B. One duplex or two-family dwelling on any lot;
C. Attached single-family dwelling units;
D. Dwelling groups, subject to the provisions of CVMC 19.58.140;
E. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of CVMC 19.58.020;
F. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1494 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; prior code § 33.504 (B)).
19.26.030 Accessory uses and buildings.
The following are the accessory uses permitted in an R-2 zone:
A. The rooming and boarding of not more than two persons per dwelling unit; provided, off-street parking space is available for any automobile owned or operated by any boarder or roomer, in addition to any space required for the principal residents of the dwelling;
B. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490;
C. Temporary tract offices and tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;
D. Full-time foster homes as defined in CVMC 19.04.098;
E. Satellite dish antennas as per the provisions of CVMC 19.22.030(F). (Ord. 2160 § 1, 1986; Ord. 2145 § 1, 1986; Ord. 2124 § 6, 1985; Ord. 2108 § 1, 1985; Ord. 1575 § 1, 1974; Ord. 1542 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504(C)).
19.26.040 Conditional uses.
Site plan and architectural approval as provided in CVMC 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-2 zone:
A. Off-street parking areas, subject to the provisions of Chapter 19.62 CVMC;
B. Electrical substations and gas regulators, subject to the provisions of CVMC 19.58.140;
C. Unclassified uses, see Chapter 19.54 CVMC;
D. Small family day care homes, as defined in CVMC 19.04.095, if not operating within a single-family dwelling;
E. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling. (Ord. 2269 § 7, 1988; Ord. 2237 § 1, 1987; Ord. 2111 § 6, 1985; Ord. 1697 § 1, 1976; Ord. 1542 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.504(D)).
19.26.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1974; Ord. 1212 § 1, 1969; prior code § 33.504(E)).
19.26.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height; however, an increase in building height may be allowed subject to approval of a conditional use permit. No accessory building height shall exceed one and one-half stories or 15 feet in height except as provided in CVMC 19.16.040. The height of a residential structure is measured from the highest point of the roof line to finished grade. (Ord. 2144 § 4, 1986; Ord. 1212 § 1, 1969; prior code § 33.504(F)).
19.26.070 Area, lot width and yard requirements – Minimum requirements – Schedule.
The following minimum dimensions shall be observed; provided, however, that such dimensions may be modified by the granting of a conditional use permit. The minimum requirements shall be one of the following district classifications as designated on the zoning map (for exceptions, see CVMC 19.16.020, 19.16.060 and 19.16.080):
Setbacks in Feet
Classification
Lot Area (sq. ft.)
Width (ft.)
Front
Exterior Side Yard
One Side Yard
Both Side Yards
Rear
R-2
7,000
60
15
10
5
10
20
R-2-T
3,500
*
15
10
0
10
15
R-2-X
7,000 (minimum)
60
15
10
5
10
20
*Minimum lot width shall be 30 feet for all lots developed with single-car garages and 40 feet for lots developed with two-car garages.
NOTE: All buildings including accessory buildings and structures in the R-2 zones shall not cover more than 50 percent of the lot.
(Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504(G)(1)).
19.26.080 Area, lot width and yard requirements – Standards for R-2-T and R-2-X classifications.
The minimum dimensions included in the R-2-T classification are applicable only to the attached single-family dwelling unit permitted use. In those instances where a subdivision map and a site plan and architectural review have been approved for such use, said minimum dimensions may be observed. The R-2-X classification will indicate a minimum lot area as designated on the zoning map; this area shall not be less than 7,000 square feet. The number replacing the X for such zone classifications shall indicate the number of thousands of square feet in the lot area. (Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504(G)(2)).
19.26.090 Area, lot width and yard requirements – Setbacks.
(For exceptions, see CVMC 19.16.050.) Front and side yard setback requirements for particular zone classifications shall be provided and maintained in accordance with the schedule set forth hereinabove, or in accordance with those specified on the building line map. Those setback requirements as shown on the adopted building line map of the city shall be adhered to in any case where said requirements differ from setbacks established in said schedule. The required 10-foot side yard and 15-foot rear yard established for the R-2-T zone shall be level; however, direct access shall be provided to a usable open space area of not less than 600 square feet, maximum slope, five percent. Rear yards may be reduced as provided in CVMC 19.26.150. (Ord. 1356 § 1, 1971; Ord. 1238 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.504 (G)(3)).
19.26.100 Floor area per unit – Minimum – Purpose and intent.
It is the intent of this section and CVMC 19.26.110 to establish minimum floor areas for dwelling units in the R-2 zone. The purpose of establishing such minimum floor areas is to insure adequate living space for residents in said zones consistent with the health, safety and general welfare of the public, and to encourage new construction which will be aesthetically pleasing and will constitute an enhancement of the economic value of the immediate neighborhood and the entire community. (Ord. 1212 § 1, 1969; prior code § 33.504 (H)(1)).
19.26.110 Floor area per unit – Minimum – Regulatory provisions.
The minimum floor area per main dwelling unit in the R-2 zone for any duplex shall be as follows:
A. Six hundred fifty (650) square feet for each dwelling unit containing one bedroom;
B. Eight hundred fifty (850) square feet for each dwelling unit containing two bedrooms, or one bedroom and den, family room or any other such room designated for miscellaneous purposes;
C. One thousand (1,000) square feet for each dwelling unit containing three bedrooms, or two bedrooms and den, family room or any other such room designated for miscellaneous purposes;
D. One thousand one hundred (1,100) square feet for each dwelling unit containing four bedrooms, or three bedrooms and den, family room or any other such room designated for miscellaneous purposes, or more.
The minimum floor area for a single-family residence in the R-2 zone shall be the same as in the R-1 zone. (Ord. 1212 § 1, 1969; prior code § 33.504(H)(2)).
19.26.120 Off-street parking – Garages.
Off-street parking shall be required for all uses, as provided in CVMC 19.62.170 through 19.62.190, except in the R-2-T zone which shall provide parking at a ratio of two spaces per unit with a minimum of 75 percent of the parking to be provided in garages; the remaining 25 percent may be accommodated by parking bays or garages. A minimum of 50 percent of the garages shall be two-car garages, 20 feet by 20 feet, the remaining one-car garages having a minimum floor area of 240 square feet, to provide storage area as well as parking space. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.504(I)(1)).
19.26.130 Fencing requirements.
Zoning fence shall be provided in the R-2 zone subject to the conditions of CVMC 19.58.150 through 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.504(I)(2)).
19.26.140 Performance standards.
All uses in the R-2 zone may be subject to initial and continued compliance with the performance standards of Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.504(J)).
19.26.150 Rear yard setback exceptions.
Single-story structures attached to the main building may be located within 10 feet of the rear property line, but shall not be closer than five feet from any retaining wall or toe of slope and said structure shall not occupy more than 30 percent of the rear yard area. Rear yards that have an elevation difference of six feet or more from the adjoining lot or parcel may reduce said 10 feet one foot for every foot over six feet, but not more than five feet. Two-story structures shall not be closer than the required rear yard setback. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.504(K)).
19.26.160 Frontage requirements.
Every lot in the R-2 and R-2-X zones shall have a minimum frontage upon a dedicated street of 60 feet, unless such lot fronts upon an approved easement or private road as provided in this chapter (see CVMC 19.26.170) or unless such lot has been approved by the planning commission or city council pursuant to the provisions of this code or any ordinance which may hereafter be enacted providing for the subdivision of land or the dedication of public streets. (Ord. 1868 § 2, 1979).
19.26.170 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
Panhandle lots, flag lots, or lots served by an easement shall be provided in the R-2 and R-2-X zones subject to the requirements and conditions of CVMC 19.22.150. (Ord. 1868 § 2, 1979).
19.26.180 Floor area ratio.
Construction of dwellings or any remodeling or additions to existing dwellings shall have a floor area ratio (FAR) which limits the maximum building area to 55 percent of the lot. The floor area ratio calculation shall also include the square footage of patios, garages and other accessory structures present on the lot. For these purposes, an “accessory structure” is defined as any structure which rises four or more feet above finished grade. (Ord. 2559 § 5, 1993; Ord. 2144 § 4, 1986).
19.26.190 Building additions and remodeling.
See CVMC 19.22.170 for limitations to remodeling or additions to existing dwellings. (Ord. 2144 § 4, 1986).
Chapter 19.27
MHP – EXCLUSIVE MOBILEHOME
PARK ZONESections:
19.27.010 Purpose.
19.27.020 Permitted uses.
19.27.030 Area regulation.
19.27.040 Bulk, setbacks, circulation, parking, landscape, environmental, and design criteria.
19.27.050 Site plan and architectural approval.
19.27.060 Preliminary plan required.
19.27.010 Purpose.
The purpose of the MHP zone is to provide appropriate locations where mobilehome parks may be established, maintained, and protected. The regulations of this zone are designed to promote and encourage an orderly residential environment with appropriate physical amenities, such as open areas, landscaping, and parking. To this end, the regulation permit, through the conditional use permit process, provides for the establishment of mobilehome parks. (Ord. 1845 § 1, 1978).
19.27.020 Permitted uses.
The following are permitted uses in the MHP zone:
A. Mobilehome parks, subject to the securing of a conditional use permit in each particular case;
B. Accessory buildings or appurtenant signs. (Ord. 1845 § 1, 1978).
19.27.030 Area regulation.
The minimum area of a mobilehome park site should normally be at least five acres; provided, however, that parks smaller than five acres may be allowed where the planning commission and city council find that a smaller park would protect or enhance the supply of affordable housing and would be compatible with surrounding land use patterns. (Ord. 1919 § 1, 1980).
19.27.040 Bulk, setbacks, circulation, parking, landscape, environmental, and design criteria.
The bulk and size of each mobilehome site, permitted number of mobilehomes per acre, setbacks, circulation, parking, landscaping, environment, and design of all uses proposed for establishment within the MHP zone shall be governed by the criteria embodied in the city’s development policy for mobilehome parks, as amended, adopted by the city council on April 23, 1974, under Resolution No. 7280. (Ord. 1845 § 1, 1978).
19.27.050 Site plan and architectural approval.
Site plan and architectural approval as provided in CVMC 19.14.420 through 19.14.480 shall be required prior to any development or construction within the MHP zone. (Ord. 1845 § 1, 1978).
19.27.060 Preliminary plan required.
Any application to reclassify land to the MHP zone shall be accompanied by a preliminary development plan showing the boundaries of the proposed mobilehome park site, points of access, density, general on-site circulation and typical size of sites for various mobilehome configurations. (Ord. 1845 § 1, 1978).
Chapter 19.28
R-3 – APARTMENT RESIDENTIAL ZONESections:
19.28.010 Purpose.
19.28.020 Permitted uses.
19.28.030 Accessory uses and buildings.
19.28.040 Conditional uses.
19.28.050 Repealed.
19.28.060 Height regulations.
19.28.070 Area, lot width and yard requirements.
19.28.080 Floor area per unit.
19.28.090 Open space requirements.
19.28.100 Off-street parking.
19.28.110 Performance standards.
19.28.120 Off-street parking.
19.28.130 Planned unit development procedures.
19.28.140 Trash storage areas.
19.28.160 Landscaping.
19.28.170 Fencing requirements.
19.28.180 Design control.
19.28.190 Jurisdiction of the design review committee.
19.28.010 Purpose.
The purpose of the R-3 zone is to provide appropriate locations where apartment house neighborhoods of varying degrees of density may be established, maintained, and protected. The regulations of this district are designed to promote and encourage an intensively developed residential environment, with appropriate environmental amenities such as open areas, landscaping and off-street parking. To this end, the regulations permit, in accordance with the respective density districts, multiple dwellings ranging from garden apartments to multi-story apartment houses, and necessary public services and activities subject to proper controls. Also permitted, subject to special control, are certain retail and service activities intended for the convenience and service of the residents of the district. (Ord. 1212 § 1, 1969; prior code § 33.505(A)).
19.28.020 Permitted uses.
Principal permitted uses in the R-3 zone are as follows:
A. Dwellings, multiple: R-3 zone;
B. Dwellings, multiple, low-rise: R-3-G zone;
C. Dwellings, multiple, medium-rise: R-3-M zone;
D. Dwellings, multiple, high-rise: R-3-H zone;
E. Dwellings, townhouses: R-3-T zone;
F. Duplexes;
G. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(B)).
19.28.030 Accessory uses and buildings.
Accessory uses and buildings in the R-3 zone include:
A. The rooming and boarding of not more than two persons per dwelling unit; provided, off-street parking space is available for automobiles owned and operated by any roomer or boarder, in addition to any space required for the principal residents of the dwelling;
B. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490;
C. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of CVMC 19.58.020;
D. Temporary tract offices and tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;
E. Full-time foster homes, as defined in CVMC 19.04.098;
F. Satellite dish antennas as per the provisions of CVMC 19.22.030(F). (Ord. 2108 § 1, 1985; Ord. 1697 § 1, 1976; Ord. 1542 § 2, 1974; Ord. 1494 § 3, 1973; Ord. 1356 § 1, 1971; Ord. 1246 § 1, 1969; Ord. 1232 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.505(C)).
19.28.040 Conditional uses.
Site plan and architectural approval as provided in CVMC 19.14.420 through 19.14.480 shall be required for all of the following conditional uses in the R-3 zone:
A. Single-family homes;
B. Boarding or lodginghouses;
C. Except in R-3-T, day nurseries;
D. Except in R-3-T, incidental services, such as restaurants and retail sales to serve residents; provided, there is no exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building;
E. Commercial parking garages and off-street parking lots, in accordance with the provisions of CVMC 19.62.010 through 19.62.130;
F. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
G. Unclassified uses, see Chapter 19.54 CVMC;
H. Small family day care homes, as defined in CVMC 19.04.095;
I. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270);
J. Professional offices (for additional provisions, see CVMC 19.58.244);
K. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling. (Ord. 2269 § 8, 1988; Ord. 2111 § 7, 1985; Ord. 2034 § 2, 1983; Ord. 1822 § 2, 1978; Ord. 1697 § 1, 1976; Ord. 1542 § 2, 1974; Ord. 1494 § 3, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(D)).
19.28.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 35.505(E)).
19.28.060 Height regulations.
A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as follows:
1. No principal building shall exceed either two and one-half stories or 28 feet in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040.
2. Principal buildings up to three and one-half stories or 45 feet in height may be approved by the design review committee; provided, it is found that the height, bulk, mass and proportion of all structures is compatible with the site, as well as in scale with structures on adjoining and surrounding properties in the area.
B. Height regulations in the R-3-H zone are as follows: No principal building shall be less than 46 feet or five stories in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040. (Ord. 2309A § 3, 1989; Ord. 1689 § 2, 1976; Ord. 1682 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(F)).
19.28.070 Area, lot width and yard requirements.
A. The following minimum area, lot width and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.080, and as modified for conditional uses. The minimum requirements shall be designated on the zoning map.
Setbacks in Feet
District Classification
Building Site (sq. ft.)
Site Width (ft.)
Area per Dwelling (sq. ft.)
Front (3)
Exterior Side Yard
One Interior Side Yard
Both Interior Side Yards
Rear
R-3
7,000
65
1,350(4)
15(1)
10(1)
5(2)
10(2)
15(2)
R-3-M
7,000
65
2,000(4)
15(1)
10(1)
5(2)
10(2)
15(2)
R-3-T
2,000
22
2,000
15(1)
10(1)
0
0
20
R-3-G
7,000
65
2,500
15(1)
10(1)
5(2)
10(2)
15(2)
R-3-H
10,000
80
800
15(1)
10(1)
20(2)
50(2)
20(2)
R-3-L
7,000
65
3,500
15(1)
10(1)
5(2)
10(2)
15(2)
The following are exceptions to the above chart:
(1) Front yards: The front setback shall not be less than that specified on the building line map. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(2) Side and rear yards: Side and rear yard requirements shall be increased an additional two feet for 25-foot-high structures (this dimension shall include the roof), and shall be increased at the rate of two feet for each story above 25 feet. Exception: When adjacent to an R-1, R-E or R-2 zone, the side yard setback shall be increased to 15 feet for any structure over one story or 15 feet in height, with an additional two-foot setback required for each story above 25 feet in height. In those cases where the rear yard abuts an R-3, commercial or industrial zone, the design review committee may grant up to a 10-foot reduction in the rear yard setback; provided, it is found that the affected open space has been transferred to a more beneficial location on the lot.
(3) A front yard of 25 feet shall be required for all parcels fronting upon streets designated as major or secondary thoroughfares on the adopted Chula Vista general plan; provided, however, that private patios and one-story portions of main buildings not exceeding 15 feet in height shall be permitted within said required front yard exclusive of the front 15 feet of said required front yard which shall be reserved for screening materials and landscaping. Said required front yard setback shall be increased an additional five feet for each story in excess of three stories.
(4) The net residential density permitted under the “Area per Dwelling” column of this section’s table is maximum. On lots containing less than 15,000 square feet, the net area required for each dwelling unit established within the R-3 and R-3-M zones shall also be governed by the standards contained within the following table:
Area requirements per dwelling unit based upon lot area and the number of bedrooms per dwelling unit
REQUIRED AREA PER DWELLING UNIT
(Square feet)Lot Area (sq. ft.)
Studio and One Bedroom
Two Bedroom
Three Bedroom
Four Bedroom or more
R-3
R-3-M
R-3
R-3-M
R-3
R-3-M
R-3
R-3-M
15,000 or more
1,350
2,000
1,430
2,080
1,510
2,160
1,590
2,240
10,000 to 14,999
1,500
2,200
1,580
2,280
1,660
2,360
1,740
2,440
7,000 to 9,999
1,700
2,500
1,780
2,580
1,860
2,660
1,940
2,740
Less than 7,000
2,000
3,000
2,080
3,040
2,160
3,120
2,240
3,200
B. In the R-3, R-3-M, R-3-T, R-3-G, and R-3-L zones, coverage shall not exceed 50 percent of the area of the site. In the R-3-H zone, coverage shall not exceed 25 percent of the site. (Ord. 2309A § 2, 1989; Ord. 1760 § 1, 1977; Ord. 1682 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1258 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.505(G)).
19.28.080 Floor area per unit.
The minimum floor area per dwelling unit in the R-3 zone shall be as follows:
A. Four hundred (400) square feet for each efficiency dwelling unit;
B. Five hundred (500) square feet for each dwelling unit having one bedroom;
C. Six hundred fifty (650) square feet for each dwelling unit having two bedrooms;
D. Seven hundred fifty (750) square feet for each dwelling unit having three bedrooms; an additional 100 square feet is required for each additional bedroom exceeding three. (Ord. 1212 § 1, 1969; prior code § 33.505(H)).
19.28.090 Open space requirements.
A. The following usable open space shall be required in the R-3 zone:
District Open Space per
Classification Dwelling Unit
R-3-H 200 sq. ft.
R-3 400 sq. ft.
R-3-T 300 sq. ft.
R-3-M 500 sq. ft.
R-3-G 600 sq. ft.
R-3-L 600 sq. ft.
B. The required usable open space per dwelling unit specified above shall be increased for each dwelling unit in a multiple-family dwelling which contains more than two bedrooms, at the rate of 20 percent for each bedroom over two.
C. Open space areas shall be any portion of a lot which has a minimum dimension of six feet, and not less than 60 square feet in area, that is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. The following areas shall contribute to a required open space:
1. Private balconies and patios;
2. Roof areas designed and equipped to accommodate recreational and leisure activities;
3. Recreation rooms.
D. The following areas shall not contribute to required open space:
1. Driveways and parking areas;
2. Refuse storage areas;
3. Clothes-drying areas. (Ord. 1682 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(I)).
19.28.100 Off-street parking.
Covered or enclosed parking for residential development in the R-3 zone may be located in required side and rear yards, with the exception of the exterior side yard. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(J)).
19.28.110 Performance standards.
All uses in the R-3 zone may be subject to initial and continued compliance with the performance standards of Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505 (K)).
19.28.120 Off-street parking.
Off-street parking is required in the R-3 zone for all uses as provided in CVMC 19.62.010 through 19.62.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(L)(1)).
19.28.130 Planned unit development procedures.
Planned unit development procedures for the R-3 zone, as set forth in CVMC 19.56.130 through 19.56.200, shall be utilized together with rezoning for any new R-3-T district. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(L)(2)).
19.28.140 Trash storage areas.
Trash storage areas shall be provided in the R-3 zone in accordance with CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(L)(3)).
19.28.160 Landscaping.
All landscaping in the R-3 zone shall conform to the requirements as specified in the landscaping manual of the city and as approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(L)(5)).
19.28.170 Fencing requirements.
Zoning fence in the R-3 zone shall be subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.505(L)(6)).
19.28.180 Design control.
The exterior design and arrangement of all residential uses and structures proposed for establishment, location, expansion or alteration in the R-3 zone shall be governed by the goal, general objectives, statements of policy and principles, and standards of the design manual of the city. (Ord. 1771 § 2, 1977).
19.28.190 Jurisdiction of the design review committee.
The design manual of the city shall be effectuated and administered by the design review committee, established and governed by CVMC 19.14.581 through 19.14.589. (Ord. 1771 § 2, 1977).
Chapter 19.30
C-O – ADMINISTRATIVE AND PROFESSIONAL OFFICE ZONESections:
19.30.010 Purpose.
19.30.020 Permitted uses.
19.30.030 Accessory uses and buildings.
19.30.040 Conditional uses.
19.30.050 Repealed.
19.30.060 Height regulations.
19.30.070 Area, lot width and yard requirements.
19.30.080 Off-street parking.
19.30.090 Parking and loading facilities.
19.30.100 Nonresidential uses in residential structures.
19.30.110 Site plan and architectural approval.
19.30.120 Outdoor storage.
19.30.130 Trash storage areas.
19.30.140 Wall requirements.
19.30.150 Landscaping.
19.30.160 Performance standards.
19.30.010 Purpose.
The purpose of the C-O zone is to provide appropriate locations where professional and administrative office zones may be established, maintained and protected. The regulations of this district are designed to promote a quiet and dignified environment for business administration, professional and government activities, free from the congestion and traffic of the usual retail business district. To this end, the regulations permit office buildings and medical and financial facilities; appropriate commercial facilities primarily for the service of the occupants of the district are permitted subject to special controls. The intensity of development of such a district is intended to reflect its environmental setting with building height and coverage generally similar to and harmonious with those of neighboring districts. (Ord. 1212 § 1, 1969; prior code § 33.506(A)).
19.30.020 Permitted uses.
Principal permitted uses in the C-O zone are as follows:
A. Medical and dental offices and clinics and medical, optical and dental laboratories, not including the manufacture of pharmaceutical or other products for general sale or distribution;
B. Administrative and executive offices;
C. Professional offices, for lawyers, engineers, and architects;
D. Financial offices, including banks, and real estate and other general business offices;
E. Any other office use which is determined by the commission to be of the same general character as the above-permitted uses;
F. Agricultural uses as provided in CVMC 19.16.030;
G. Prescription pharmacies (see CVMC 19.04.188 for definition). (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(B)).
19.30.030 Accessory uses and buildings.
Accessory uses in the C-O zone are as follows:
A. Incidental services and incidental uses, such as restaurants, prescription pharmacies, and retail sales to serve occupants and patrons of the permitted uses, when conducted and entered from within the building; provided, there is no display or advertising visible from the public street;
B. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities (see CVMC 19.58.020);
C. A satellite dish antenna may be located in a commercial district when it complies with the provisions of the standards in CVMC 19.22.030(F)(1) through (9). In addition, nonconforming satellite dishes shall be amortized as per CVMC 19.22.030(F)(11). (Ord. 2138 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(C)).
19.30.040 Conditional uses.
Conditional uses permitted in the C-O zone include:
A. R-3 residential uses, as regulated therein;
B. Public and quasi-public uses appropriate to the district, such as professional, business and technical schools of a public service type, but not including corporation yards, storage or repair yards and warehouses;
C. Day nurseries, schools and studios for arts and crafts and photography, music, dance and art galleries, in accordance with the provisions of CVMC 19.58.220;
D. Commercial parking lots and parking garages, in accordance with the provisions of CVMC 19.62.010 through 19.62.130;
E. Radio and television broadcasting, excluding towers;
F. Restaurants;
G. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
H. Plant nurseries and the sale of related hardware items; provided, they are clearly incidental and secondary to the plant nursery. Plant nurseries shall be allowed only on the peripheral areas of the C-O zone, so as not to disrupt the continuity of the professional and administrative office land uses;
I. Unclassified uses, see Chapter 19.54 CVMC;
J. Roof-mounted satellite dishes, subject to the following standards or conditions:
1. These dishes shall be screened, using appropriate matching architectural materials or parapet walls;
2. Dishes shall be of a neutral color, matching the building or as otherwise approved by the city;
3. A building permit shall be required;
4. No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennas containing advertising material shall be considered a sign;
K. Recycling collection centers, subject to the provisions of CVMC 19.58.345. (Ord. 2252 § 4, 1988; Ord. 2233 § 4, 1987; Ord. 2108 § 1, 1985; Ord. 1889 § 1, 1980; Ord. 1494 § 5, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(D)).
19.30.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 5, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(E)).
19.30.060 Height regulations.
No principal building shall exceed three and one-half stories or 45 feet in height, and no accessory building shall exceed one and one-half stories or 15 feet in height, except as provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(F)).
19.30.070 Area, lot width and yard requirements.
The following minimum area, lot width and yard requirements shall be observed in the C-O zone, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080, and where increased for conditional uses:
Setbacks in Feet
Lot Area* (sq. ft.)
Front and Exterior Side Yards
Side
Rear
7,000
10
None, except when abutting any R zone, then not less than five feet
Zero feet, except when abutting any R district or alley, then not less than 10 feet minimum from the alley or rear property line
*See CVMC 19.16.070 for lot area.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(G)).
19.30.080 Off-street parking.
Off-street parking is required for all uses in the C-O zone, as provided in CVMC 19.62.010 through 19.62.130. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(1)).
19.30.090 Parking and loading facilities.
In any C-O district directly across a street or thoroughfare (excluding a freeway) from any R district, parking and loading facilities shall be distant at least 10 feet from said street and said setback shall be permanently landscaped. (Ord. 1356 § 1, 1971; Ord. 1212 §1, 1969; prior code § 33.506 (H)(2)).
19.30.100 Nonresidential uses in residential structures.
Nonresidential uses permitted in this zone shall be located in buildings designed for nonresidential uses; except, that such uses may be located in existing residential structures existing at the time of the adoption of the ordinance codified in this title, remodeled for said use and subject to site plan approval by the planning commission. Such buildings may be enlarged, providing that all provisions of this title are complied with. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(3)).
19.30.110 Site plan and architectural approval.
Site plan and architectural approval is required for all uses in the C-O zone, as required in CVMC 19.14.420 through 19.14.480. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(4)).
19.30.120 Outdoor storage.
Outdoor storage of merchandise, material or equipment shall be permitted in the C-O zone only when incidental to permitted or accessory uses located on the same premises; and provided, that:
A. Storage area shall be completely enclosed by walls, fences or buildings and shall be part of an approved site plan;
B. No outdoor storage of materials or equipment to a height greater than that of any enclosing wall, fence or building shall be permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(5)).
19.30.130 Trash storage areas.
Trash storage areas in the C-O zone are subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506 (H)(6)).
19.30.140 Wall requirements.
Zoning walls shall be provided, subject to the conditions of CVMC 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506 (H)(7)).
19.30.150 Landscaping.
All landscaping in the C-O zone shall conform to the requirements as specified in the landscape manual and approved by the director of planning. Any parking visible from the street shall be screened with an appropriate screen not less than four feet in height or a masonry wall of three and one-half feet in height. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(8)).
19.30.160 Performance standards.
All uses in the C-O zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.506(H)(8)).
Chapter 19.32
C-B – CENTRAL BUSINESS ZONESections:
19.32.010 Purpose.
19.32.020 Permitted uses.
19.32.030 Conditional uses.
19.32.040 Accessory uses and buildings.
19.32.050 Repealed.
19.32.060 Height regulations.
19.32.070 Area, lot coverage and yard requirements.
19.32.080 Enclosures required for all uses – Exceptions.
19.32.090 Setbacks from residential zone – Landscaping required.
19.32.100 Site plan and architectural approval required when.
19.32.110 Off-street parking and loading facilities.
19.32.120 Landscaping.
19.32.130 Trash storage areas.
19.32.140 Wall requirements.
19.32.150 Performance standards.
19.32.010 Purpose.
The purpose of the C-B zone is to stabilize, improve and protect the commercial pedestrian characteristics of the central business area of the community and to provide for the orderly growth of new central business commercial development in the area designated for said district in the general plan. The regulations of this zone are designed to encourage all uses to be of a retail commercial nature. (Ord. 1212 § 1, 1969; prior code § 33.507(A)).
19.32.020 Permitted uses.
Principal permitted uses in the C-B zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for residents of the city as a whole or the surrounding community, such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises;
B. Restaurants, cocktail lounges and nightclubs (dance floors, subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC);
C. Business and technical schools, including photography, art, music and dance;
D. Cleaning agencies (limited dry cleaning only);
E. Bona fide antique shops, but not including secondhand or junk stores;
F. Laundry (coin-operated and pick-up agencies);
G. Cabinet shops; electrical (small appliance), plumbing and heating shops; and printing and publishing or lithographic shops;
H. Blueprinting and photocopying;
I. Hotels and motels, subject to the provisions of CVMC 19.58.210;
J. Any other retail business or service establishment which the commission finds to be consistent with the purposes of this title and which will not impair the present or potential use of adjacent properties;
K. Parking garages and lots, operating independently from any retail sales, in accordance with the provisions of CVMC 19.58.230;
L. Agricultural uses as provided in CVMC 19.16.030. (Ord. 2273 § 4, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507 (B)).
19.32.030 Conditional uses.
Conditional uses in the C-B zone include:
A. Automobile rental agencies;
B. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
C. Social and fraternal organizations, subject to the provisions of CVMC 19.58.100;
D. Theaters;
E. Bowling alleys, dancehalls, roller skating rinks and plant nurseries, subject to the provisions of CVMC 19.58.040;
F. Furniture upholstering shops;
G. R-3 residential uses above the ground floor as regulated in the R-3 zoning district; provided, that R-3 yard requirements may be modified where appropriate;
H. Building height in excess of three and one-half stories when adjacent to any R or C-O zone;
I. Knitting and weaving shops;
J. Unclassified uses, see Chapter 19.54 CVMC;
K. Automobile service stations, subject to the provisions of CVMC 19.58.280;
L. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
M. Recycling collection centers, subject to the provisions of CVMC 19.58.345. (Ord. 2252 § 3, 1988; Ord. 2233 § 3, 1987; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(C)).
19.32.040 Accessory uses and buildings.
All accessory uses and buildings customarily appurtenant to a permitted use are permitted in the C-B zone. (See CVMC 19.58.020.) A satellite dish antenna may be located in a commercial district when it complies with the provisions of standards in CVMC 19.22.030(F)(1) through (9). (Ord. 2108, § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(D)).
19.32.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 6, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1267 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.507(E)).
19.32.060 Height regulations.
None, except that no building shall exceed three and one-half stories or 45 feet in height when located adjacent to any C-O or residential zone except as provided in CVMC 19.32.030(H) and 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(F)).
19.32.070 Area, lot coverage and yard requirements.
The following area, lot coverage and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080, and where increased for conditional uses:
Yards in Feet
Lot Area* (sq. ft.)
Front and Exterior Side Yards
Side
Rear
2,500
0*
Zero feet, except when abutting an R district, then not less than 15 feet
Zero feet, except when abutting any R district, then not less than required for said R district or 10 feet minimum from the alley
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(G)).
19.32.080 Enclosures required for all uses – Exceptions.
All uses in the C-B zone shall be conducted wholly within a completely enclosed building, except for outdoor restaurants, service stations, off-street parking and loading facilities, and other open uses specified under conditional use permits as determined by the planning commission. Permanent and temporary outside sales and display shall be subject to the provisions of CVMC 19.58.370. (Ord. 1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code § 33.507(H)(1)).
19.32.090 Setbacks from residential zone – Landscaping required.
In any C-B zone directly across a street or thoroughfare (excluding a freeway) from any R district, the parking and loading facilities shall be distant at least 10 feet from said street, and the buildings and structures at least 20 feet from said street and said space permanently landscaped with no parking allowed within this area. (Ord. 1212 § 1, 1969; prior code § 33.507(H)(2)).
19.32.100 Site plan and architectural approval required when.
Site plan and architectural approval is required for all uses in the C-B zone as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.507(H)(3)).
19.32.110 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in the C-B zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507 (H)(4)).
19.32.120 Landscaping.
All landscaping in the C-B zone shall conform to the requirements as specified in the landscaping manual of the city and as approved by the planning director. (Ord. 1212 § 1, 1969; prior code § 33.507 (H)(5)).
19.32.130 Trash storage areas.
Trash storage areas in the C-B zone are subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507 (H)(6)).
19.32.140 Wall requirements.
Zoning walls shall be provided in the C-B zone subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(H)(7)).
19.32.150 Performance standards.
All uses in the C-B zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.507(I)).
Chapter 19.34
C-N – NEIGHBORHOOD COMMERCIAL ZONESections:
19.34.010 Purpose and intent.
19.34.020 Permitted uses.
19.34.030 Conditional uses.
19.34.040 Repealed.
19.34.050 Height requirements.
19.34.060 Area, lot width and yard requirements.
19.34.070 Additional conditions and requirements.
19.34.080 Enclosures required for all uses – Exceptions.
19.34.090 Restrictions on sales of goods.
19.34.100 Site plan and architectural approval required.
19.34.110 Off-street parking and loading facilities.
19.34.120 Employee activity restrictions.
19.34.130 Market analysis required when.
19.34.140 Curb cuts and internal traffic circulation – Approval required.
19.34.150 Shopping centers – Presentation as planned development required.
19.34.160 Design of buildings.
19.34.170 Hours for conducting business.
19.34.180 Evidence of certain compliance required annually.
19.34.190 Trash storage areas.
19.34.200 Wall requirements.
19.34.210 Landscaping.
19.34.220 Prohibited uses.
19.34.230 Existing nonconforming shopping centers – Conformance with rules and regulations required when – Time limit.
19.34.240 Performance standards.
19.34.010 Purpose and intent.
The purpose of this chapter is to provide a shopping center for convenience shopping in a residential neighborhood where analysis of residential population demonstrates that such facilities are necessary and desirable. C-N zoning shall be applied to property having a minimum area of three acres and a maximum area of eight acres. It is the intent of the city council to insure that the character of the C-N zone will be compatible with and will complement the surrounding residential area. Therefore, parking areas must be landscaped as required herein, in order to relieve the barren appearance which most parking lots possess. It is further the intent of this chapter to prescribe the number, type, size and design of all signs to protect the general welfare of the surrounding residential property owners and of the merchants and property owners within the shopping center by avoiding wasteful and costly competition among sign users resulting from the uncontrolled use of signs. (Ord. 1212 § 1, 1969; prior code § 33.508(A)).
19.34.020 Permitted uses.
The following are the principal permitted uses in a C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agency with incidental pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of liquor, beer, or other alcoholic beverages for consumption on the premises or drive-in car service;
H. Commercial parking lot for passenger vehicles, subject to the requirements of CVMC 19.62.010 through 19.62.130;
I. Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and clothes-cleaning agency;
J. Any other retail business or service establishment supplying commodities or performing services for residents of the neighborhood which is determined by the planning commission to be of the same general character as the above-mentioned retail business or service uses, and open during normal business hours of the above uses;
K. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities and satellite dish antennas, in accordance with the provisions of CVMC 19.22.030 (F)(1) through (9);
L. Agricultural uses as provided in CVMC 19.16.030. (Ord. 2526 § 2, 1992; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(B)).
19.34.030 Conditional uses.
The following uses shall be permitted in the C-N zone; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.060 through 19.14.130:
A. Automobile service stations, in accordance with the provisions of CVMC 19.58.280;
B. Sale of beer or other alcoholic beverages for consumption on the premises only where the sale is incidental with the sale of food;
C. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
D. Unclassified uses, see Chapter 19.54 CVMC;
E. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
F. Recycling collection centers, subject to the provisions of CVMC 19.58.345;
G. Automated, drive-through car washes, in accordance with the provisions of CVMC 19.58.060;
H. Establishments contained in the list of permitted uses above, but which include the sale of alcoholic beverages for off-site use or consumption, including any new facilities and any facilities which expand the area devoted to alcohol sales or which require the issuance of a type of alcoholic beverage license by the State Alcohol Beverage Control different from the license previously held, in accordance with the procedures in CVMC 19.14.030;
I. Liquor store (package, off-sale only), in accordance with the procedures in CVMC 19.14.030;
J. Drive-through restaurants, those fast food facilities offering drive-through lanes in which food is both ordered and picked up from the vehicle, and taken off-site for consumption; but not including “drive-in” restaurants, those at which food is ordered from and consumed in the parked car on the premises. (Ord. 2715 § 3, 1998; Ord. 2560 § 3, 1993; Ord. 2552 § 1, 1993; Ord. 2526 § 3, 1992; Ord. 2491 § 2, 1992; Ord. 2252 § 2, 1988; Ord. 2233 § 2, 1987; Ord. 2152 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1571 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(C)).
19.34.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 7, 1989; Ord. 1734 § 1, 1977; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1275 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.508(D)).
19.34.050 Height requirements.
No principal building shall exceed two and one-half stories or 35 feet in height, and no accessory building shall exceed one and one-half stories or 15 feet in height, except as provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(E)).
19.34.060 Area, lot width and yard requirements.
The following minimum lot area and yard requirements shall be observed in the C-N zone, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080, and where increased for conditional uses:
Setbacks in Feet
Lot Area* (sq. ft.)
Front and Exterior Side Yards
Side
Rear
5,000
15 feet* for buildings
Zero feet for signsNone, except when abutting an R district, then not less than 15 feet
None, except when abutting an R district, then not less than 15 feet; provided, however, that where such yard is contiguous and parallel with an alley, one-half the width of such alley shall be assumed to be a portion of such yard
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(F)).
19.34.070 Additional conditions and requirements.
The following additional conditions set forth in CVMC 19.34.080 through 19.34.210 shall apply in a C-N zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)).
19.34.080 Enclosures required for all uses – Exceptions.
Except as otherwise provided, all uses in a C-N zone shall be conducted wholly within a completely enclosed building except for service stations, as stipulated in their conditional use permit, nurseries, and off-street parking and loading facilities and sidewalk cafes. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(1)).
19.34.090 Restrictions on sales of goods.
In a C-N zone, goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(2)).
19.34.100 Site plan and architectural approval required.
Site plan and architectural approval is required for all uses in a C-N zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(3)).
19.34.110 Off-street parking and loading facilities.
Off-street loading and parking is required for all uses in a C-N zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508 (G)(4)).
19.34.120 Employee activity restrictions.
The number of employees in any business establishment in a C-N zone shall be limited to those necessary for the conduct of the on-site business and no person shall be engaged in the activity of processing, fabricating or repairing goods for delivery or sale at other locations. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(5)).
19.34.130 Market analysis required when.
A market analysis showing demand for new or additional C-N facilities shall be submitted together with any application for rezoning of a new C-N district, or extension by one acre or more of any existing C-N district. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(6)).
19.34.140 Curb cuts and internal traffic circulation – Approval required.
All curb cuts and internal traffic circulation for ingress and egress shall be approved by the planning commission subject to a recommendation from the city traffic engineer. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(7)).
19.34.150 Shopping centers – Presentation as planned development required.
Shopping centers proposed to be located in a C-N zone shall be presented as a planned development; each unit shall then proceed in accordance with the approved planned development. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(8)).
19.34.160 Design of buildings.
All buildings in a C-N zone shall be designed so as to be compatible with surrounding neighborhood; and the general character of the development shall continue and promote the established theme of the community. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(9)).
19.34.170 Hours for conducting business.
No business shall be open in a C-N zone between the hours of 11:00 p.m. and 7:00 a.m., unless specifically approved by the planning commission. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(10)).
19.34.180 Evidence of certain compliance required annually.
Each year, prior to issuing a business license or the renewal of a business license, establishments within the neighborhood shopping center shall present evidence of compliance with the requirements of this title, particularly in regard to the nature of the business as set forth in CVMC 19.34.090 and 19.34.120. (Ord. 1212 § 1, 1969; prior code § 33.508(G)(11)).
19.34.190 Trash storage areas.
Trash storage areas in the C-N zone are subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508 (G)(12)).
19.34.200 Wall requirements.
Zoning walls shall be provided in the C-N zone subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)(13)).
19.34.210 Landscaping.
The site shall be landscaped in conformance with the landscape manual of the city, and approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508 (G)(14)).
19.34.220 Prohibited uses.
Uses expressly prohibited in a C-N zone include:
A. Residential uses;
B. Any combination of residential and nonresidential uses on a lot, parcel of land, or in any structure thereon;
C. Industrial uses;
D. Public address systems and/or loudspeakers outside of any building. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(H)).
19.34.230 Existing nonconforming shopping centers – Conformance with rules and regulations required when – Time limit.
All existing shopping centers which may, in the future, be classified in the neighborhood-commercial (C-N) zone shall, within the time established herein, be made to conform to the requirements and regulations of the zone as applicable. The planning department shall submit a letter to the property owner and managers of the businesses being conducted within said shopping center, outlining the requirements and changes necessary to bring the center into conformance with the zone requirements. All of said changes shall be accomplished within one year of the date of such notification. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(I)).
19.34.240 Performance standards.
All uses in a C-N zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(J)).
Chapter 19.36
C-C – CENTRAL COMMERCIAL ZONESections:
19.36.010 Purpose.
19.36.020 Permitted uses.
19.36.030 Conditional uses.
19.36.040 Repealed.
19.36.050 Height regulations.
19.36.060 Area, lot coverage and yard requirements.
19.36.070 Enclosures required for all uses – Exceptions.
19.36.080 Setbacks from residential zone – Landscaping required.
19.36.090 Landscaping.
19.36.100 Employee activity restrictions.
19.36.110 Site plan and architectural approval required.
19.36.120 Off-street parking and loading facilities.
19.36.130 Trash storage areas.
19.36.140 Outdoor storage.
19.36.150 Wall requirements.
19.36.160 Performance standards.
19.36.010 Purpose.
The purpose of the C-C zone is to stabilize, improve and protect the commercial characteristics of the major community business centers. The C-C zone designation shall only be applied in the general location of such centers as designated in the Chula Vista general plan. (Ord. 1212 § 1, 1969; prior code § 33.509(A)).
19.36.020 Permitted uses.
Principal permitted uses in the C-C zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises;
B. Restaurants, cocktail lounges and night clubs (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC);
C. Bona fide antique shops, but not including secondhand stores or junk stores;
D. Parking structures and off-street parking lots, subject to the provisions of CVMC 19.58.230;
E. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
F. Any other retail business or service establishment which the commission finds to be consistent with the purpose of this title and which will not impair the present or potential use of adjacent properties;
G. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.20.030(F)(1) through (9);
H. Agricultural uses as provided in CVMC 19.16.030. (Ord. 2273 § 5, 1988; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(B)).
19.36.030 Conditional uses.
Conditional uses in the C-C zone include:
A. Car washes, subject to the provisions of CVMC 19.58.060;
B. Skating rinks, subject to the conditions of CVMC 19.58.040;
C. Signs in excess of maximum as established in CVMC 19.60.540;
D. Automobile rental and towing services;
E. Billiard parlors;
F. Bowling alleys, subject to the provisions of CVMC 19.58.040;
G. Social and fraternal organizations (nonprofit), subject to the provisions of CVMC 19.58.100;
H. Trailer rentals;
I. Veterinarian clinics, subject to the provisions of CVMC 19.58.050;
J. Unclassified uses, see Chapter 19.54 CVMC;
K. Automobile service stations, subject to the provisions of CVMC 19.58.280, and automobile maintenance and repair (minor);
L. Cardrooms;
M. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
N. Recycling collection centers, subject to the provisions of CVMC 19.58.345;
O. Mixed commercial-residential projects, subject to the provisions of CVMC 19.58.205. (Ord. 2633 § 4, 1995; Ord. 2295 § 1, 1989; Ord. 2252 § 5, 1988; Ord. 2233 § 5, 1987; Ord. 2160 § 1, 1986; Ord. 2152 § 2, 1986; Ord. 2108 § 1, 1985; Ord. 1757 § 1, 1977; Ord. 1746 § 1, 1977; Ord. 1571 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(C)).
19.36.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 8, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.509(D)).
19.36.050 Height regulations.
None, except that no building shall exceed three and one-half stories or 45 feet in height when located adjacent to any C-O or residential zone. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(E)).
19.36.060 Area, lot coverage and yard requirements.
The following minimum area, lot coverage and yard requirements shall be observed in the C-C zone, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditional uses:
Setbacks in Feet
Lot Area* (sq. ft.)
Front and Exterior* Side Yards
Side
Rear
5,000
25 feet
None, except when abutting an R district, then not less than 15 feet
None, except when abutting an R district, then not less than required for said R district
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.509(F)).
19.36.070 Enclosures required for all uses – Exceptions.
All uses in the C-C zone shall be conducted wholly within a completely enclosed building, except for outdoor restaurants, service stations, off-street parking and loading facilities, and other open uses specified under conditional use permits as determined by the planning commission. Permanent and temporary outside sales and display shall be subject to the provisions of CVMC 19.58.370. (Ord. 1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code § 33.509(G)(1)).
19.36.080 Setbacks from residential zone – Landscaping required.
In any C-C zone directly across a street or thoroughfare (excluding a freeway) from any R district, the parking and loading facilities shall be distant at least 10 feet from said street, and the buildings and structures at least 20 feet from said street and said space permanently landscaped. (Ord. 1212 § 1, 1969; prior code § 33.509(G)(2)).
19.36.090 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the city and approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(G)(3)).
19.36.100 Employee activity restrictions.
In the C-C zone, not more than five persons shall be engaged in the fabrication, repair and other processing of goods in any establishment, except when permitted by conditional use permit. (Ord. 1212 § 1, 1969; prior code § 33.509(G)(4)).
19.36.110 Site plan and architectural approval required.
Site plan and architectural approval is required for all uses in the C-C zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.509(G)(5)).
19.36.120 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in the C-C zone, as provided in 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509 (G)(6)).
19.36.130 Trash storage areas.
Trash storage areas shall be provided in the C-C zone, subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(G)(7)).
19.36.140 Outdoor storage.
Outdoor storage of merchandise, material or equipment shall be permitted in the C-C zone only when incidental to a permitted or accessory use located on the premises; and provided, that:
A. Storage area shall be completely enclosed by walls, fences, or buildings, and shall be part of an approved site plan;
B. No outdoor storage of materials or equipment shall be permitted to exceed a height greater than that of any enclosing wall, fence or building. (Ord. 1212 § 1, 1969; prior code § 33.509(G)(8)).
19.36.150 Wall requirements.
Zoning walls shall be provided in the C-C zone subject to the conditions in CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(G)(9)).
19.36.160 Performance standards.
All uses in the C-C zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.509(H)).
Chapter 19.38
C-V – VISITOR COMMERCIAL ZONESections:
19.38.010 Purpose.
19.38.020 Permitted uses.
19.38.030 Conditional uses.
19.38.040 Repealed.
19.38.050 Height regulations.
19.38.060 Area, lot coverage and yard requirements.
19.38.070 Setbacks from residential zone – Parking and loading facilities.
19.38.080 Landscaping.
19.38.090 Site plan and architectural approval.
19.38.100 Off-street parking and loading facilities.
19.38.110 Enclosures required for all uses – Exceptions.
19.38.120 Outdoor storage.
19.38.130 Wall requirements.
19.38.140 Trash storage areas.
19.38.150 Performance standards.
19.38.010 Purpose.
The purpose of the C-V zone is to provide for areas in appropriate locations where centers providing for the needs of tourists and travelers may be established, maintained and protected. The regulations of this zone are designed to encourage the provision of transient housing facilities, restaurants, service stations and other activities providing for the convenience, welfare or entertainment of the traveler. (Ord. 1212 § 1, 1969; prior code § 33.510).
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
A. Hotels, motels and motor hotels, subject to the provisions of CVMC 19.58.210, with such incidental businesses to serve the customer or patron; provided, such incidental uses and businesses not otherwise permitted in this zone shall be operated in the same building and in conjunction with this permitted use;
B. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
D. Handicraft shops and workshops;
E. Bona fide antique shops, but not including secondhand stores or junk stores;
F. Theaters;
G. Any other establishments serving visitors determined by the commission to be of the same general character as the above-permitted uses;
H. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13);
I. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
J. Agricultural uses as provided in CVMC 19.16.030. (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(B)).
19.38.030 Conditional uses.
The following uses may be permitted in the C-V zone, subject to the issuance of a conditional use permit subject to the findings set forth in CVMC 19.14.080:
A. Car washes, subject to the provisions of CVMC 19.58.060;
B. Automobile service stations and towing services, subject to the provisions of CVMC 19.58.280;
C. Bait and tackle shops, including marine sales, supplies and rentals;
D. Bars or night clubs (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC);
E. Commercial parking lots and parking garages, subject to the provisions of CVMC 19.62.010 through 19.62.130;
F. Commercial recreation facilities, subject to the conditions of CVMC 19.58.040, as follows:
1. Bowling alley,
2. Miniature golf course,
3. Billiard hall,
4. Skating rink;
G. Public stables, subject to the provisions of CVMC 19.58.310;
H. Artists’ supply and materials stores;
I. Clothing sales (new);
J. Unclassified uses, see Chapter 19.54 CVMC;
K. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
L. Recycling collection centers, subject to the provisions of CVMC 19.58.345. (Ord. 2273 § 6, 1988; Ord. 2252 § 6, 1988; Ord. 2233 § 6, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(C)).
19.38.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 9, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(D)).
19.38.050 Height regulations.
No building or structure shall exceed three and one-half stories or 45 feet in height except as provided in CVMC 19.16.040; provided, however, that said limitation may be adjusted by conditional use permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(E)).
19.38.060 Area, lot coverage and yard requirements.
The following minimum area, lot coverage and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased as determined by the issuance of a conditional use permit:
Yards in Feet
Lot Area (sq. ft.)
Lot Coverage (max. %)
Front
Exterior Side Yard
Side
Rear
10,000
40
20* for buildings
0 for signs10* for buildings
0 for signsNone, except when abutting an R district, then not less than 25 feet
10 feet, except when abutting an R district, then not less than 25 feet; none when abutting a side yard with no side yard requirement
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(F)).
19.38.070 Setbacks from residential zone – Parking and loading facilities.
In any C-V zone directly across a street or thoroughfare (excluding a freeway) from any R zone, the parking and loading facilities shall be distant at least 10 feet from said street and the buildings and structures at least 20 feet from said streets. (Ord. 1212 § 1, 1969; prior code § 33.510(G)(1)).
19.38.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510 (G)(2)).
19.38.090 Site plan and architectural approval.
Site plan and architectural approval is required for all uses in a C-V zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.510(G)(3)).
19.38.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in a C-V zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510 (G)(4)).
19.38.110 Enclosures required for all uses – Exceptions.
All uses in a C-V zone shall be conducted wholly within a completely enclosed building, except for outdoor restaurants, service stations, off-street parking and loading facilities, and other open uses specified under conditional use permits as determined by the planning commission. Permanent and temporary outside sales and display shall be subject to the provisions of CVMC 19.58.370. (Ord. 1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code § 33.510(G)(5)).
19.38.120 Outdoor storage.
Outdoor storage of merchandise, material or equipment shall be permitted in a C-V zone only when incidental to a permitted or accessory use located on the same premises; and provided, that:
A. Storage areas shall be completely enclosed by walls, fences or buildings, and shall be part of an approved site plan;
B. No outdoor storage of materials or equipment shall be permitted to exceed a height greater than that of any enclosing wall, fence or building. (Ord. 1212 § 1, 1969; prior code § 33.510(G)(6)).
19.38.130 Wall requirements.
Zoning walls shall be provided in a C-V zone, subject to the conditions in CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(G)(7)).
19.38.140 Trash storage areas.
Trash storage areas shall be provided in a C-V zone, subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(G)(8)).
19.38.150 Performance standards.
All uses in a C-V zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.510(H)).
Chapter 19.40
C-T – THOROUGHFARE COMMERCIAL ZONESections:
19.40.010 Purpose.
19.40.020 Permitted uses.
19.40.030 Conditional uses.
19.40.040 Repealed.
19.40.050 Height regulations.
19.40.060 Area, lot coverage and yard requirements.
19.40.070 Setbacks from residential zone – Parking and loading facilities.
19.40.080 Landscaping.
19.40.090 Site plan and architectural approval required.
19.40.100 Off-street parking and loading facilities.
19.40.110 Enclosures required for all uses – Exceptions.
19.40.120 Outdoor storage.
19.40.130 Wall requirements.
19.40.140 Trash storage areas.
19.40.150 Performance standards.
19.40.010 Purpose.
The purpose of the C-T zone is to provide for areas in appropriate locations adjacent to thoroughfares where activities dependent upon or catering to thoroughfare traffic may be established, maintained and protected. The regulations of this district are designed to encourage the centers for retail, commercial, entertainment, automotive and other appropriate highway-related activities. C-T zones are to be established in zones of one acre or larger, and shall be located only in the immediate vicinity of thoroughfares, or the service drives thereof. (Ord. 1212 § 1, 1969; prior code § 33.511(A)).
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for residents of the city as a whole or the surrounding community, such as department stores, banks, business offices and other financial institutions and personal service enterprises;
B. New car dealers and accessory sale of used cars (see CVMC 19.40.030 for used car lots); boat and equipment sales and rental establishments, subject to the provisions of CVMC 19.58.070;
C. Motor hotels and motels, subject to the provisions of CVMC 19.58.210;
D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products, primarily to serve the travelling public;
E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC 19.58.115 and Chapter 5.26 CVMC);
F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC 19.58.050;
G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks, subject to the provisions of CVMC 19.58.040;
J. Plant nurseries;
K. Any other retail business or service establishment determined by the commission to be of the same general character as the above-permitted uses;
L. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9) and (11) through (13);
M. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
N. Agricultural uses as provided in CVMC 19.16.030;
O. Adult-oriented recreation businesses, subject to the provisions of CVMC 19.58.024. (Ord. 2273 § 7, 1988; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511 (B)).
19.40.030 Conditional uses.
Conditional uses in a C-T zone include:
A. Used car lots and motorcycle sales and repair, subject to the provisions of CVMC 19.58.070;
B. Trailer and equipment sales and rental establishments and towing service;
C. Drive-in theaters, subject to the provisions of CVMC 19.58.120; and provided, that the screen shall be so located and designed that it is not visible from adjacent thoroughfares, and said screen shall be set back not less than 100 feet from any street or thoroughfare;
D. Automobile service stations, garages for major and minor repairs, as defined herein, and car-washing establishments, subject to the provisions of CVMC 19.58.060 and 19.58.280;
E. Carpenter, electrical, plumbing or heating shops;
F. Dancehalls, subject to the provisions of CVMC 19.58.040;
G. Truck and trailer service, including major repair;
H. Building material sales yards, not including concrete mixing;
I. Automobile storage, contractor’s equipment storage yards, or storage, sale and rental of equipment commonly used by contractors;
J. Signs in excess of maximum, as established in CVMC 19.60.560;
K. Bait and tackle shops;
L. Commercial recreation facilities (outdoor);
M. Upholstery shops;
N. Automobile paint and body shops;
O. Wholesale bakeries;
P. Laundries, except industrial, and cleaning and dyeing plants;
Q. Used clothing sales;
R. Lumberyards;
S. Radiator repair shops;
T. Unclassified uses, see Chapter 19.54 CVMC;
U. Knitting and weaving shops;
V. Cardrooms;
W. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
X. Recycling collection centers, subject to the provisions of CVMC 19.58.345. (Ord. 2252 § 7, 1988; Ord. 2233 § 7, 1987; Ord. 2160 § 1, 1986; Ord. 2152 § 3, 1986; Ord. 2108 § 1, 1985; Ord. 1954 § 1, 1981; Ord. 1855 § 3, 1979; Ord. 1757 § 1, 1977; Ord. 1746 § 1, 1977; Ord. 1716 § 1, 1976; Ord. 1464 § 1, 1973; Ord. 1456 § 1, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.522(C)).
19.40.040 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 10, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1295 § 1, 1970; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.511(D)).
19.40.050 Height regulations.
No building or structure shall exceed three and one-half stories or 45 feet in height, except as provided in CVMC 19.16.040; provided, however, that said limitation may be adjusted by conditional use permit. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511(E)).
19.40.060 Area, lot coverage and yard requirements.
The following minimum area, lot coverage and yard requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditional uses:
Setbacks in Feet
Lot Area (sq. ft.)
Lot Coverage (max. %)
Front & Exterior Side Yards
Side
Rear
5,000
50%
10 feet* for buildings
None, except when abutting an R district, then not less than 25 feet
10 feet, except when abutting an R district, then not less than 25 feet; zero when abutting a zero side yard.
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1251 § 1, 1969; Ord. 1212 § 1, 1969; prior code § 33.511(F)).
19.40.070 Setbacks from residential zone – Parking and loading facilities.
In any C-T district directly across a street or thoroughfare (excluding a freeway) from any R district, the parking and loading facilities shall be distant at least 10 feet from said street, and the buildings and structures at least 20 feet from said street. All access drives or curb cuts across a street from any R district are prohibited unless specifically approved by the staff. (Ord. 1212 § 1, 1969; prior code § 33.511(G)(1)).
19.40.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511 (G)(2)).
19.40.090 Site plan and architectural approval required.
Site plan and architectural approval is required for all uses in a C-T zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1212 § 1, 1969; prior code § 33.511(G)(3)).
19.40.100 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in a C-T zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511 (G)(4)).
19.40.110 Enclosures required for all uses – Exceptions.
All uses in a C-T zone shall be conducted wholly within a completely enclosed building, except for outdoor restaurants, service stations, off-street parking and loading facilities, and other open uses specified under conditional use permits as determined by the planning commission. Permanent and temporary outside sales and display shall be subject to the provisions of CVMC 19.58.370. (Ord. 1436 § 1, 1973; Ord. 1212 § 1, 1969; prior code § 33.511(G)(5)).
19.40.120 Outdoor storage.
Outdoor storage of merchandise, material or equipment shall be permitted in a C-T zone only when incidental to a permitted or accessory use located on the premises; and provided, that:
A. Storage areas shall be completely enclosed by walls, fences or buildings, and shall be part of an approved site plan;
B. No outdoor storage of materials or equipment shall be permitted to exceed a height greater than that of any enclosing wall, fence or building. (Ord. 1212 § 1, 1969; prior code § 33.511(G)(6)).
19.40.130 Wall requirements.
Zoning walls shall be provided in a C-T zone, subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511(G)(7)).
19.40.140 Trash storage areas.
Trash storage areas shall be provided in a C-T zone, subject to the conditions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511(G)(8)).
19.40.150 Performance standards.
All uses in a C-T zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.511(H)).
Chapter 19.42
I-R – RESEARCH INDUSTRIAL ZONESections:
19.42.010 Purpose.
19.42.020 Permitted uses.
19.42.030 Accessory uses and buildings.
19.42.040 Conditional uses.
19.42.050 Prohibited uses and processes.
19.42.060 Repealed.
19.42.070 Height regulations.
19.42.080 Area, lot coverage and yard requirements.
19.42.090 Performance standards.
19.42.100 Enclosures required for all uses – Exceptions.
19.42.110 Fuel restrictions.
19.42.120 Setbacks required from residential zone – Parking and loading facilities.
19.42.130 Landscaping.
19.42.140 Site plan and architectural approval.
19.42.150 Off-street parking and loading facilities.
19.42.160 Outdoor storage.
19.42.170 Trash storage areas.
19.42.180 Wall requirements.
19.42.010 Purpose.
The purpose of the I-R zone is to provide an environment exclusively for and conducive to the development and protection of modern, large-scale research and specialized manufacturing organizations, all of a non-nuisance type. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(A)).
19.42.020 Permitted uses.
Permitted uses in an I-R zone are as follows:
A. Laboratories; research, experimental, film, electronic or testing;
B. Manufacture and assembly of electronic instruments and devices;
C. Manufacture and assembly of office computing and accounting machines and typewriters;
D. Manufacture and assembly of electric measuring instruments and test equipment;
E. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
F. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;*
G. Any other research or any light manufacturing use determined by the commission to be of the same general character as the above-permitted uses. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(B)).
* Code reviser’s note: This subsection amended to conform with provisions of Ord. 1575, 1974.
19.42.030 Accessory uses and buildings.
Accessory uses permitted in an I-R zone include the following:
A. Administrative, executive and financial offices and incidental services, such as restaurants to serve employees when conducted on the premises;
B. Wholesale business storage or warehousing for products of the types permitted to be manufactured in the zone;
C. Other accessory uses and buildings customarily appurtenant to a permitted use;
D. Retail sales of products produced or manufactured on the site;
E. Caretaker houses;
F. Satellite dish antennas are permitted in accordance with the provisions of CVMC 19.22.030 (F)(1) through (9) and (11) through (13). (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512 (C)).
19.42.040 Conditional uses.
Conditional uses permitted in an I-R zone include:
A. Retail commercial uses necessary to serve the I-R zone;
B. Manufacture of pharmaceuticals, drugs and the like;
C. Building height in excess of three and one-half stories or 45 feet;
D. Unclassified uses, as set forth in Chapter 19.54 CVMC;
E. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
F. Recycling collection centers, subject to the provisions of CVMC 19.58.345;
G. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. (Ord. 2542 § 3, 1993; Ord. 2252 § 9, 1988; Ord. 2233 § 9, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(D)).
19.42.050 Prohibited uses and processes.
Prohibited uses in an I-R zone include manufacturing uses and processes involving primary production of products from raw materials. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(E)).
19.42.060 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 11, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(F)).
19.42.070 Height regulations.
No structure shall exceed three and one-half stories or 45 feet in height; however, no structure shall exceed two stories or 35 feet in height when located within 200 feet of any residential zone or any area designated for future residential development on the general plan, except as provided in CVMC 19.16.040. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(G)).
19.42.080 Area, lot coverage and yard requirements.
The minimum lot areas required shall be one of the following for this zone classification, as designated on the zoning map, except as provided in CVMC 19.16.020 and 19.16.060 to 19.16.080 and where increased for conditional uses:
Setbacks in Feet
Lot Area (sq. ft.)
Lot Coverage (max. %)
Front
Exterior Side Yard
Side
Rear
20,000
40
Buildings 20*
Signs 015*
020
25
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(H)).
19.42.090 Performance standards.
All uses permitted by this title shall be subject to review in accordance with the performance standards procedures in Chapter 19.66 CVMC. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(1)).
19.42.100 Enclosures required for all uses – Exceptions.
All uses in an I-R zone shall be conducted wholly within a completely enclosed building except heliports and landing strips. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512 (I)(2)).
19.42.110 Fuel restrictions.
Manufacturing and industrial processes in an I-R zone shall use only gas or electricity as a fuel; provided, however, that oil burning equipment may be installed for standby purposes only. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(3)).
19.42.120 Setbacks required from residential zone – Parking and loading facilities.
In any I-R zone directly across the street from any R zone, the parking facilities shall be distant at least 20 feet from said street, the building and structures at least 50 feet from said street, and loading facilities at least 30 feet from said street. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(4)).
19.42.130 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the director of planning. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(5)).
19.42.140 Site plan and architectural approval.
Site plan and architectural approval is required for all uses in an I-R zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512 (I)(6)).
19.42.150 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(7)).
19.42.160 Outdoor storage.
Outdoor storage of merchandise, material and equipment, except vehicles, shall be permitted in an I-R zone only when incidental to a permitted use located on the same lot; and provided, that:
A. Storage area shall be completely enclosed by solid walls or fences or buildings, or a combination thereof, not less than six feet in height except as provided in CVMC 19.58.150 and 19.58.360;
B. There shall be no outdoor storage of merchandise, materials, equipment or other goods to a height greater than that of the building wall or fence enclosing the storage area. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(8)).
19.42.170 Trash storage areas.
Trash storage areas in an I-R zone are permitted subject to the provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(9)).
19.42.180 Wall requirements.
Zoning walls in an I-R zone are subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(10)).
Chapter 19.44
I-L – LIMITED INDUSTRIAL ZONESections:
19.44.010 Purpose.
19.44.020 Permitted uses.
19.44.030 Accessory uses and buildings.
19.44.040 Conditional uses.
19.44.050 Prohibited uses and processes.
19.44.060 Repealed.
19.44.070 Height regulations.
19.44.080 Area, lot coverage and yard requirements.
19.44.090 Performance standards.
19.44.100 Fuel restrictions.
19.44.110 Setbacks from residential or agricultural zone – Loading facilities.
19.44.120 Landscaping.
19.44.130 Site plan and architectural approval.
19.44.140 Off-street parking and loading facilities.
19.44.150 Outdoor storage.
19.44.160 Trash storage areas.
19.44.170 Enclosures required for all uses – Exceptions.
19.44.180 Wall requirements.
19.44.010 Purpose.
The purpose of the I-L zone is to encourage sound limited industrial development by providing and protecting an environment free from nuisances created by some industrial uses and to insure the purity of the total environment of Chula Vista and San Diego County and to protect nearby residential, commercial and industrial uses from any hazards or nuisances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(A)).
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone;
B. Manufacturing of electrical and electronic instruments, devices and components;
C. Wholesale businesses, storage and warehousing;
D. Laboratories; research, experimental, film, electronic and testing;
E. Truck, trailer, mobilehome, boat and farm implement sales establishments;
F. Public and private building material sales yards, service yards, storage yards, and equipment rental;
G. Minor auto repair;
H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations;
I. Car washing establishments, subject to the provisions of CVMC 19.58.060;
J. Plumbing and heating shops;
K. Exterminating services;
L. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050;
M. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050;
N. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;
O. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;*
P. Any other limited manufactured use which is determined by the commission to be of the same general character as the above uses;
Q. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(B)).
* Code reviser’s note: This section amended to conform with provisions of Ord. 1575, 1974.
19.44.030 Accessory uses and buildings.
Accessory uses permitted in an I-L zone include:
A. Administrative, executive and financial offices and incidental services, such as restaurants to serve employees, when conducted on the premises;
B. Other accessory uses and buildings customarily appurtenant to a permitted use;
C. Retail sales of products produced and manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in accordance with the provisions of CVMC 19.22.030(F)(1) through (9) and (11) through (13). (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(C)).
19.44.040 Conditional uses.
Conditional uses permitted in an I-L zone include:
A. Machine shops and sheet metal shops;
B. Service stations, subject to the conditions in CVMC 19.58.280;
C. Steel fabrication;
D. Restaurants, delicatessens and similar uses;
E. Drive-in theaters, subject to the conditions of CVMC 19.58.120;
F. Major auto repair, engine rebuilding and paint shops;
G. Commercial parking lots and garages;
H. Plastics and other synthetics manufacturing;
I. Building heights exceeding three and one-half stories or 45 feet;
J. Unclassified uses, as set forth in Chapter 19.54 CVMC;
K. Trucking yards, terminals and distributing operations;
L. The retail sale of such bulky items as furniture, carpets and other similar items;
M. Retail distribution centers and manufacturers’ outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to and supportive of existing, on-site retail distribution centers of manufacturers’ outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission;
N. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
O. Recycling collection centers, subject to the provisions of CVMC 19.58.345;
P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178;
Q. Brewing or distilling of liquors requiring a Type 23 Alcoholic Beverage Control License;
Conditional use permit applications for the use in subsection (Q) of this section shall be considered and approved by the zoning administrator. (Ord. 3031 § 1, 2006; Ord. 2542 § 4, 1993; Ord. 2252 § 10, 1988; Ord. 2233 § 10, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 2031 § 1, 1983; Ord. 1927 § 1, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(D)).
19.44.050 Prohibited uses and processes.
Prohibited uses in an I-L zone include:
A. Manufacturing uses and processes involving the primary production of products from raw materials, including the following materials and uses:
1. Asphalt, cement, charcoal and fuel briquettes,
2. Rubber, chemical and allied products, and soap and detergents,
3. Coal, coke and tar products and the manufacturing of explosives, fertilizers, gelatin, animal glue and size,
4. Turpentine, matches, paint and other combustible materials,
5. Stockyards, slaughterhouses and rendering plants,
6. The storage of fireworks or explosives,
7. Industrial metal, waste rag, glass or paper salvage operations and slag piles,
8. Fish, sauerkraut, vinegar and similar uses,
9. Brewing or distilling of liquors except for businesses requiring Type 23 licenses from the Department of Alcoholic and Beverage Control or perfume manufacturing;
B. The following processes: nitrating of cotton or other materials; foundries; reduction, refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores; refining of petroleum products; distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; and grain milling;
C. Any other use which is determined by the commission to be of the general character as the above uses. (Ord. 3031 § 2, 2006; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(E)).
19.44.060 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 12, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(F)).
19.44.070 Height regulations.
No building or structure shall exceed three and one-half stories or 45 feet; except, that any building or structure erected to such a height or less that would be detrimental, in the opinion of the commission, to the light, air or privacy of any other structure or use, existing or reasonably to be anticipated, may be reduced. Exceptions are provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(G)).
19.44.080 Area, lot coverage and yard requirements.
The following minimum requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditional uses:
Setbacks in Feet
Lot Area (sq. ft.)
Lot Coverage (max. %)
Front
Exterior Side Yard
Side
Rear
10,000
50
Buildings 20*
Signs 015*
00**
0**
*Or not less than that specified on the building line map which takes precedence shall be provided and maintained. (See CVMC 19.44.090 through 19.44.180 for other required setbacks.)
**Except when adjoining an R or A zone, or areas designated for future residential or agricultural development on the Chula Vista general plan, then not less than 50 feet.
(Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(H)).
19.44.090 Performance standards.
All uses permitted by this title shall be subject to initial and continued compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(I)(1)).
19.44.100 Fuel restrictions.
Manufacturing and industrial processes in an I-L zone shall use only gas or electricity as a fuel; provided, however, that oil burning equipment may be installed for standby purposes only. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(2)).
19.44.110 Setbacks from residential or agricultural zone – Loading facilities.
In any I-L zone directly across the street from any R or A zone, or areas designated for future residential or agricultural development on the general plan, the loading facilities and structures shall be a distance of at least 30 feet from said street. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(I)(3)).
19.44.120 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the planning department. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(4)).
19.44.130 Site plan and architectural approval.
Site plan and architectural approval is required for all uses in an I-L zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(5)).
19.44.140 Off-street parking and loading facilities.
Off-street parking and loading facilities are required for all uses in an I-L zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(I)(6)).
19.44.150 Outdoor storage.
Outdoor storage and sales yards in an I-L zone shall be completely enclosed by solid walls, fences or buildings, or a combination thereof, not less than six feet in height. No merchandise, materials, equipment or other goods shall be stored or displayed higher than the enclosing fence. For other fencing requirements, see CVMC 19.58.150. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(I)(6)).
19.44.160 Trash storage areas.
Trash storage in an I-L zone shall be subject to the provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(I)(7)).
19.44.170 Enclosures required for all uses – Exceptions.
All uses in an I-L zone, except sales yards, service yards, storage yards and loading and equipment rental, shall be conducted entirely within an enclosed building. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(9)).
19.44.180 Wall requirements.
Zoning walls shall be provided in an I-L zone, subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(10)).
Chapter 19.46
I – GENERAL INDUSTRIAL ZONESections:
19.46.010 Purpose.
19.46.020 Permitted uses.
19.46.030 Accessory uses and buildings.
19.46.040 Conditional uses.
19.46.041 Prohibited uses and processes.
19.46.050 Repealed.
19.46.060 Height regulations.
19.46.070 Area, lot coverage and yard requirements.
19.46.080 Performance standards.
19.46.090 Site plan and architectural approval.
19.46.100 Off-street parking and loading facilities.
19.46.110 Setbacks from residential or agricultural zone – Loading facilities.
19.46.120 Landscaping.
19.46.130 Outdoor storage.
19.46.140 Trash storage areas.
19.46.150 Wall requirements.
19.46.010 Purpose.
The purpose of the I zone is to encourage sound industrial development by providing and protecting an environment exclusively for such development, subject to regulations necessary to insure the purity of the airs and waters in Chula Vista and San Diego County, and the protection of nearby residential, commercial and industrial uses of the land from hazards and noise or other disturbances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514(A)).
19.46.020 Permitted uses.
Permitted uses in an I zone are as follows:
A. Any manufacturing, processing, assembling, research, wholesale, or storage uses except as hereinafter modified;
B. Automobile and metal appliance manufacturing and assembly, structural steel fabricating shops and machine shops;
C. Brick or pottery manufacturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E. Electrical generating plants and liquefied natural gas plants;
F. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;*
G. Any other use which is determined by the commission to be of the same general character as the above uses. (Ord. 2064 § 1, 1984; Ord. 1361 § 1, 1971; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514 (B)).
* Code reviser’s note: This section amended to conform with provisions of Ord. 1575, 1974.
19.46.030 Accessory uses and buildings.
Accessory uses in an I zone include:
A. Administrative, executive and financial offices, and incidental services, such as restaurants to serve employees, when conducted on premises;
B. Other accessory uses and buildings customarily appurtenant to a permitted use;
C. Retail sale of products produced and manufactured on the site;
D. Caretaker houses;
E. Satellite dish antennas are permitted in accordance with the provisions of CVMC 19.22.030 (F)(1) through (9) and (11) through (13). (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514 (C)).
19.46.040 Conditional uses.
Conditional uses in an I district include:
A. Motels;
B. Restaurants;
C. Service stations, subject to the provisions of CVMC 19.58.280;
D. The retail sale of such bulky items as furniture, carpets and other similar items;
E. Retail distribution centers and manufacturers’ outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to, and supportive of, existing on-site retail distribution centers or manufacturers’ outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission;
F. The following uses covered by this subsection shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission:
1. Brewing or distilling of liquor, or perfume manufacturing,
2. Meat packing,
3. Large-scale bleaching, cleaning and dyeing establishments,
4. Railroad yards and freight stations,
5. Forges and foundries,
6. Automobile salvage and wrecking operations, and industrial metal and waste rag, glass or paper salvage operations; provided, that all operations are conducted within a solid screen not less than eight feet high, and that materials stored are not piled higher than said screen;
G. Any other use which is determined by the commission to be of the same general character as the above uses;
H. Unclassified uses, as provided in Chapter 19.54 CVMC;
I. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;
J. Recycling collection centers, subject to the provisions of CVMC 19.58.345;
K. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178;
L. Auctions of vehicles, heavy machinery and equipment, subject to the provisions of CVMC 19.58.055, and only where the P precise plan modifier has been applied to the I – general industrial zone. (Ord. 2584 § 4, 1994; Ord. 2542 § 5, 1993; Ord. 2252 § 11, 1988; Ord. 2233 § 11, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 2064 § 1, 1984; Ord. 2031 § 1, 1983; Ord. 1927 § 2, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.514(D)).
19.46.041 Prohibited uses and processes.
Prohibited uses in the I zone include:
A. Any of the following manufacturing uses, involving primary production of the following products from raw material, such as:
1. Asphalt, cement, charcoal and fuel briquettes;
2. Aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates of an explosive nature,