Chapter 19.58
USES

Sections:

19.58.010    Purpose of provisions.

19.58.020    Accessory buildings.

19.58.022    Accessory dwelling units.

19.58.023    Junior accessory dwelling units.

19.58.024    Sexually oriented businesses.

19.58.030    Agricultural processing plants.

19.58.040    Amusement and entertainment facilities.

19.58.042    Carnivals and circuses.

19.58.050    Animal hospital, veterinarian facilities.

19.58.055    Auctions of vehicles, heavy machinery and equipment.

19.58.060    Automobile car wash facilities.

19.58.070    Automobile sales facilities.

19.58.075    Bars, cocktail lounges, and nightclubs.

19.58.080    Cemetery, crematory, mausoleum, or columbarium.

19.58.090    Club, country – Golf course.

19.58.100    Club, community building, social hall, lodge and fraternal organization.

19.58.110    Church, hospital, convalescent hospital, religious or eleemosynary institution.

19.58.115    Dance floors.

19.58.120    Drive-in establishments.

19.58.130    Dwelling groups.

19.58.140    Electric substations.

19.58.142    Electrical generating facilities.

19.58.145    Factory-built housing.

19.58.147    Family day care homes, large.

19.58.148    Certified farmers’ markets.

19.58.150    Fences and walls.

19.58.160    Fertilizer plants and yards.

19.58.170    Golf driving ranges.

19.58.175    Hay and feed stores.

19.58.178    Hazardous waste facilities.

19.58.180    Heliports or landing strips for aircraft.

19.58.190    Kennels, riding academies and public stables.

19.58.200    Labor camps.

19.58.205    Mixed commercial-residential projects in the C-C zone.

19.58.210    Motels and hotels.

19.58.220    Nursing homes.

19.58.225    Repealed.

19.58.230    Parking lots and public garages.

19.58.240    Poultry farm.

19.58.244    Professional offices in the R-1, R-2 and R-3 zones.

19.58.245    Ambulance services.

19.58.260    Repair of vehicles.

19.58.270    Retail sales for guests only.

19.58.280    Service stations.

19.58.290    Shooting clubs.

19.58.310    Stables and corrals.

19.58.320    Tract office, temporary.

19.58.330    Trailers.

19.58.340    Recycling and solid waste storage.

19.58.345    Recycling collection centers.

19.58.350    Commercially zoned double frontage lots.

19.58.360    Zoning wall or fence.

19.58.370    Outside sales and display – Permanent and temporary.

19.58.380    Repealed.

19.58.390    Senior housing development.

19.58.400    Recreational vehicle storage yards.

19.58.410    Prohibition of flashing lights.

19.58.420    Water distribution facilities.

19.58.430    Liquor stores in the C-N zone.

19.58.440    Mobile food facilities.

19.58.010 Purpose of provisions.

The purpose of these special provisions is to establish clear and definite terms and conditions governing the development of certain uses, possessing unique characteristics or problems, which will enable diverse uses to be accommodated harmoniously within the City, to prevent future nuisance activities in a particular geographic area by imposing conditions aimed at mitigating those effects, and to provide uniform standards and guidelines for such development. (Ord. 3182 § 3(B), 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(A)).

19.58.020 Accessory buildings.

A. An accessory building may be erected detached from the principal building or, except when a stable, may be erected as an integral part of the principal building or it may be attached thereto by a breezeway or similar structure.

B. Any accessory building attached to the main building shall be made structurally a part of the main building and shall comply in all respects with the requirements of this title applicable to the main building. Unless attached, an accessory building in an R zone shall be at least six feet from any dwelling existing or under construction on the same lot or any adjacent lot. Except in the R-3-T zone, the following shall apply:

1. No building may occupy any portion of a required yard; except, that a detached garage or carport, covered patio enclosed on not more than two sides, or other accessory one-story building may disregard any rear or side yard requirements if located in the rear 30 percent of the lot, or back of the front 70 feet of the lot;

2. An accessory building or covered patio located 70 feet or less from the front property line shall have the same side yard as that required for the main building, regardless of whether said accessory building is detached from the main building;

3. A covered patio, detached garage or carport, or other accessory one-story building, may cover an area not to exceed 30 percent, except as allowed for parking structures in multiple-family zones (see CVMC 19.28.100), of the area of any required rear yard; except, that no accessory building in a rear yard shall be required to have less than 400 square feet;

4. A covered patio or detached accessory building located in the rear 30 percent of the lot, or back of the front 70 feet of the lot, shall be located either on a property line or not less than three feet from such line.

C. All accessory buildings shall be considered in the calculation of lot coverage; garden shelters, greenhouses, storage shelters and covered patios shall be permitted as accessory buildings; provided, that these uses are not equipped for use as living quarters.

D. Guest house accessory buildings shall not be closer than 10 feet to the nearest point of the main building. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2145 § 2, 1986; Ord. 2124 § 7, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(1)).

19.58.022 Accessory dwelling units.

A. The purpose of this section is to provide regulations for the establishment of accessory dwelling units in compliance, inter alia, with California Government Code Section 65852.2. Said units may be located in residential zone districts where adequate public facilities and services are available. Accessory dwelling units are a potential source of affordable housing and shall not be considered in any calculation of allowable density of the lot upon which they are located, and shall also be deemed consistent with the General Plan and zoning designation of the lot as provided. Accessory dwelling units shall not be considered a separate dwelling unit for the purpose of subdividing the property into individual condominium or lot ownership.

B. For the purposes of this section, the following words are defined:

“Above” as used in this section shall mean an accessory dwelling unit that is attached, and built over a primary residence including an attached garage, or above a detached garage or similar building in the rear yard.

“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

“Attached” shall mean a wall, floor, or ceiling of an accessory dwelling unit is shared with the primary residence on the property.

“Basement” shall mean the same as defined in CVMC 19.04.026.

“Behind” shall mean an accessory dwelling unit constructed either entirely between the rear of the primary residence and the rear property line, or at the side of the primary residence, and set back from the front plane of the primary residence at least 50 percent of the distance between the front and back planes of the primary residence (Exhibit B.1).

“Buildable pad area” shall mean the level finish grade of the lot not including slopes greater than 50 percent grade (Exhibit B.2).

Exhibit B.1 – “Behind”

Exhibit B.2 – “Buildable Pad Area”

“Detached” shall mean an accessory dwelling unit separated from the primary residence as specified in subsection (C)(5)(d) of this section.

“Living area” shall mean the interior habitable area of a dwelling unit including basements and attics, but does not include garages or any accessory structure.

“Primary residence” shall mean a proposed or existing single-family dwelling constructed on a lot as the main permitted use by the zone on said parcel.

“Tandem parking” shall mean that two or more vehicles are parked on a driveway or in any other location on the lot lined up behind one another.

C. Accessory dwelling units shall be subject to the following requirements and development standards:

1. Zones. Accessory dwelling units may accompany a proposed or an existing primary residence in single-family zones, on multifamily zoned lots developed with a single-family residence, or similarly zoned lots in the planned community (PC) zone. Accessory dwelling units or junior accessory dwelling units are not permitted on lots developed with condominiums, town-homes, apartments, or similar multifamily developments. Construction of a primary residence can be in conjunction with the construction of an accessory dwelling unit. Where a guest house or other similar accessory living space exists, accessory dwelling units are not permitted. The conversion of a guest house, other similar living areas, or other accessory structures into an accessory dwelling unit is permitted, provided the conversion meets the intent and property development standards of this section, and all other applicable CVMC requirements. Accessory dwelling units shall not be permitted on lots within a planned unit development (PUD), unless an amendment to the PUD is approved and specific property development standards are adopted for the construction of said dwelling units for lots within the PUD.

2. Unit Size. The total floor space of an attached or detached accessory dwelling unit shall not exceed 50 percent of the living area of the primary residence or 1,200 square feet, whichever is less. The original buildable pad area of a lot may be increased through regrading and/or use of retaining walls or structures as allowed for a specific lot.

3. Unit Location. Accessory dwelling units are prohibited in the required front setback.

4. Height. An accessory dwelling unit, as measured from the ground, shall not exceed the height limit for the primary residence in accordance with the underlying zone.

5. Development Standard Exceptions. Accessory dwelling units shall conform to the underlying zoning and land use development requirements with regards to the setbacks for primary residences with the following exceptions:

a. New detached single-story accessory dwelling units are allowed a setback of no less than five feet from the side and rear lot lines.

b. For lots with up-slopes between the side or rear of the house, required yard setbacks are measured from the toe of slope.

c. For lots with down-slopes between the side or rear of the house, required yard setbacks shall be measured from the top of slope.

d. A detached accessory dwelling unit shall be located a minimum of six feet from a primary residence.

e. No setback shall be required for an existing garage that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no less than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.

6. Lot Coverage. Other than conversions of other structures, new accessory dwelling units and all other structures on the lot are limited to the maximum lot coverage permitted according to the underlying zone. Other than conversions of other structures a new detached accessory dwelling unit and all other detached accessory structures combined shall not occupy more than 30 percent of the required rear yard setback.

7. Parking. Parking for an accessory dwelling unit is not required in any of the following instances:

a. The accessory dwelling unit is within one-half mile from public transit stop.

b. The accessory dwelling unit is within an architecturally and historically significant historic district.

c. The accessory dwelling unit is part of a proposed or existing primary residence or an existing accessory structure.

d. The accessory dwelling unit is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit.

e. The accessory dwelling unit is located within one block of a car share area.

8. Accessory dwelling units not meeting any of the above requirements shall be subject to the following access and parking regulations:

a. Parking. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. Parking spaces may be provided in tandem on an existing driveway; provided, that access to the garage for the primary residence is not obstructed. Off-street parking shall be permitted in setback areas in locations or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and safety conditions.

b. The required parking space(s) shall be on the same lot as the accessory dwelling unit. This parking is in addition to the parking requirements for the primary residence as specified in CVMC 19.62.170.

c. Notwithstanding CVMC 19.62.190, when a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, or is converted to an accessory dwelling unit that was previously used by the primary residence, replacement parking shall be provided prior to, or concurrently with, the conversion of the garage into the accessory dwelling unit. The replacement parking may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, covered spaces, uncovered spaces, tandem spaces, or by the use of mechanical automobile parking lifts. If the existing driveway is no longer necessary for the access to the converted garage or other required parking, said driveway may be used to satisfy the required parking for the accessory dwelling unit when not exempt from subsection (C)(7) of this section.

d. Access to all required parking shall be from a public street, alley or a recorded access easement. Access from a designated utility easement or similar condition shall not be permitted. For any lot proposing an accessory dwelling unit and served by a panhandle or easement access, the access must be a minimum 20 feet in width.

e. Curb cuts providing access from the public right-of-way to on-site parking spaces shall be acceptable to the City Engineer. An encroachment permit from the City Engineer shall be obtained for any new or widened curb cuts.

f. Required parking spaces or required maneuvering area shall be free of any utility poles, support wires, guard rails, stand pipes or meters, and be in compliance with CVMC 19.62.150.

g. When a required parking space abuts a fence or wall on either side, the space shall be a minimum of 10 feet wide. If this area also serves as the pedestrian access from an accessory dwelling unit to the street, the paving shall be a minimum 12 feet wide.

h. All required parking spaces shall be kept clear for parking purposes only.

9. Utilities. The accessory dwelling unit within a single-family residential zone that is contained within the existing space of a single-family residence or accessory structure and which has independent exterior access shall be served by the same water and sewer lateral connections that serve the primary residence. A separate electric meter and address may be provided for the accessory dwelling unit. Accessory dwelling units that are not contained within the existing space of a single-family residence or accessory structure shall be served by their own separate water and sewer lateral connections. Separate electric meter and addresses shall be provided for the separate accessory dwelling units.

10. Design Standards. The lot shall retain a single-family appearance by incorporating matching architectural design, building materials and colors of the primary residence with the accessory dwelling unit, and any other accessory structure built concurrently with the accessory dwelling unit. However, the primary residence may be modified to match the new accessory dwelling unit. The accessory dwelling unit shall be subject to the following development design standards:

a. Matching architectural design components shall be provided between the primary residence, accessory dwelling unit, and any other accessory structures. These shall include, but are not limited to:

i. Window and door type, style, design and treatment;

ii. Roof style, pitch, color, material and texture;

iii. Roof overhang and fascia size and width;

iv. Attic vents color and style;

v. Exterior finish colors, texture and materials.

b. A useable rear yard open space of a size at least equal to 50 percent of the required rear yard area of the underlying zone shall be provided contiguous to the primary residence. Access to this open space shall be directly from a common floor space area of the primary residence such as living or dining rooms, kitchens or hallways, and without obstruction or narrow walkways.

c. A useable open space that has a minimum dimension of six feet and an area not less than 60 square feet in area shall be provided contiguous to an accessory dwelling unit. A balcony or deck may satisfy this requirement for second story units.

d. Windows on second story accessory dwelling units should be staggered and oriented away from adjacent residences closer than 10 feet. The location and orientation of balconies or decks shall also be oriented away from adjacent neighbors’ backyard and living space windows.

e. Trash and recycling containers must be stored between pick-up dates in an on-site location that is screened from public view and will not compromise any required open space areas.

11. Designated Historical Sites. An accessory dwelling unit may be allowed on designated or historical sites, provided the location and design of the accessory dwelling unit meets corresponding historical preservation requirements in place at the time the accessory dwelling unit is built, and complies with the requirements of this section including the following:

a. The accessory dwelling unit shall be located behind a primary residence that is determined to be a historic resource.

b. The construction of the accessory dwelling unit shall not result in the removal of any other historically significant accessory structure, such as garages, outbuildings, stables or other similar structures.

c. The accessory dwelling unit shall be designed as to have a distinguishable architectural style and finished materials composition from the historic primary residence or structure.

d. Construction of an accessory dwelling unit shall not result in demolition, alteration or movement of any historic structures and any other on-site features that convey the historic significance of the structure and site.

e. If an historic house/site is under a Mills Act contract with the City, the contract shall be amended to authorize the introduction of the accessory dwelling unit on the site.

12. Occupancy Requirement. At the time of building permit submittal, and continuously thereafter, the property owner(s) shall reside on the lot on which the accessory dwelling unit is located or constructed. The Zoning Administrator shall have the authority to suspend this occupancy requirement for a period not to exceed five years when evidence has been submitted that one of the following situations exists:

a. The property owners’ health requires them to temporarily live in an assisted living or nursing facility.

b. The property owner is required to live outside the San Diego region as a condition of employment or military service.

c. The property owner is required to live elsewhere to care for an immediate family member.

d. The property owner has received the property as the result of the settlement of an estate.

13. Land Use Agreement. Concurrent with the issuance of building permits for the construction of an accessory dwelling unit, the property owner shall sign and notarize a land use agreement which sets forth the occupancy and use limitations prescribed in this section. This agreement will be recorded with the County of San Diego Recorder on title to the subject property. This agreement shall run with the land, and inure to the benefit of the City of Chula Vista.

14. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

15. Recordation of a deed restriction is required, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:

a. A prohibition on the sale of the accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the accessory dwelling unit that conforms to this section. (Ord. 3423 § 1, 2018; Ord. 3153 § 2 (Exh. A), 2010; Ord. 3074 § 1, 2007; Ord. 2957 § 1, 2004; Ord. 2951 § 1, 2004; Ord. 2897 § 6, 2003).

19.58.023 Junior accessory dwelling units.1

A. Definition. “Junior accessory dwelling unit” shall mean a unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

B. In single-family residential zones, a junior accessory dwelling unit is permitted and shall meet all of the following:

1. One junior accessory dwelling unit per residential lot zoned for single-family residences with a single-family residence already built, and no ADU or guest house exists on the lot.

2. Owner-occupancy is required in the single-family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

3. Recordation of a deed restriction is required, shall run with the land, and shall be filed with the permitting agency, and shall include both of the following:

a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

b. A restriction on the size and attributes of the junior accessory dwelling unit that conforms to this section.

4. A permitted junior accessory dwelling unit shall be constructed within the existing walls of the structure, and require the inclusion of an existing bedroom.

5. A separate entrance from the main entrance to the structure is required, with an interior entry to the main living area. A permitted junior accessory dwelling may include a second interior doorway for sound attenuation.

6. An efficiency kitchen for the junior accessory dwelling unit is required, and shall include:

a. A sink with a maximum waste line diameter of one and one-half inches.

b. A cooking facility with appliances that do not require electrical service greater than 120 volts or natural or propane gas.

c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

C. Additional parking is not required for a junior accessory dwelling unit.

D. For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. (Ord. 3423 § 1, 2018).

19.58.024 Sexually oriented businesses.

A. Sexually oriented businesses shall be defined for purposes of this chapter as set forth in Chapter 9.13 CVMC.

B. Location Requirements.

1. A sexually oriented business shall only be located in the C-T zone or in a zone identified in the Bayfront Specific Plan, the Eastlake I, Eastlake Business Center II and Eastlake II Sectional Planning Areas (SPA) as allowing such businesses. If a specific plan/planned community district allows a use conditionally (i.e., upon the issuance of a conditional use permit), this CUP requirement shall be satisfied by the sexually oriented business if such business has a valid sexually oriented business regulatory license as provided for in Chapter 9.13 CVMC.

2. A sexually oriented business shall not be located within 500 feet of residentially zoned territory, which is located upon the same street or streets, or within 500 feet of residentially zoned or residentially used properties as measured along street rights-of-way from the proposed location to the boundary line of said residentially zoned or used properties, or within 500 feet measured radially of any building site containing a school, park or religious institution.

3. A sexually oriented business shall not be located within 1,000 feet of another sexually oriented business.

C. Specific Standards – View of Interior from Public Way. All building openings, entries and windows from sexually oriented businesses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semipublic area, including public sidewalks, streets, arcades, hallways or passageways, of any material which has as its primary or dominant theme matter depicting, illustrating, describing or relating to specified sexual activities or specified anatomical areas as defined in Chapter 9.13 CVMC. Further, such businesses may not have window displays which in any way present, depict, illustrate or describe any such sexually oriented material. (Ord. 3316 § 4, 2014).

19.58.030 Agricultural processing plants.

Agricultural processing plants in an A zone, which process agricultural products produced on the premises or within a contiguous agricultural area, shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic and shall provide parking and loading spaces. Proponents shall show that adequate measures shall be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance, and shall show that the proposed source of water will not deprive others of normal supply. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(2)).

19.58.040 Amusement and entertainment facilities.

Amusement and entertainment facilities such as bowling alleys, dancehalls, amusement parks and other similar recreational facilities shall be subject to the following development standards:

A. All structures shall maintain a minimum setback of 20 feet from any residential zone.

B. Ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards.

C. Adequate controls or measures shall be taken to prevent offensive noise and vibration from any indoor or outdoor activity onto adjacent properties or uses.

D. Amusement arcades or centers shall also be subject to the following:

1. Game play (except mechanical rides) by minors is prohibited during normal school hours, 7:30 a.m. and 3:00 p.m.,* and between the hours of 10:00 p.m. and 6:00 a.m. prior to a school day, except when accompanied by an adult 21 years of age or older;

2. There shall be adult supervision (persons 18 years of age or older) at all times;

3. A bicycle rack for at least 10 bicycles shall be provided at or near the main entrance into the establishment;

4. No alcoholic beverages shall be sold or consumed on the premises, except in those instances where a restaurant in conjunction with said use has been approved through the conditional use permit process;

5. At least one public restroom shall be provided on the premises; and

6. The license for the game(s) shall be displayed on the premises.

The Planning Commission has the right to impose additional standards or waive any of the above standards on the finding that said standards are or are not necessary to protect the public health, safety and general welfare.

All existing establishments with four or more amusement games which are operating without a conditional use permit must apply for such within 120 days from the adoption of this provision. The application will be processed by the Zoning Administrator.

E. Amusement games as accessory uses (fewer than four game machines) shall be subject to the following:

1. Except for mechanical rides, all amusement games shall be located within the establishment;

2. Adult supervision (persons 18 years of age or older) shall be provided at all times;

3. Game play (except mechanical rides) by minors is prohibited during normal school hours, 7:30 a.m. and 3:00 p.m.,* and between the hours of 10:00 p.m. and 6:00 a.m. prior to a school day, except when accompanied by an adult 21 years of age or older;

4. Game play by minors is prohibited in liquor stores;

5. A zoning permit shall be obtained from the Planning Department and a business license issued by the Finance Department prior to the installation of any amusement game; and

6. The license for the game(s) shall be displayed on the premises.

The Zoning Administrator may modify or waive any of the above regulations upon a determination that the provision is being satisfied by another acceptable means.

Any violation of the above regulations which has been substantial shall be sufficient grounds for the Zoning Administrator to revoke the zoning permit and removal of the games from the premises. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2053 § 1, 1983; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33901(B)(3)).

*    Note: Game play during normal school hours will be allowed if verification of holiday or year-around school schedule is presented to the operator.

19.58.042 Carnivals and circuses.

Carnivals and circuses shall be subject to the following development standards:

A. Carnivals shall be restricted to locations where the ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards and provide adequate parking.

B. Adequate controls or measures shall be taken to prevent offensive noise, vibration, dust and glare from any indoor or outdoor activity onto adjacent property or uses.

C. The time of operation and the duration shall be limited by consideration of the impacts on the surrounding uses or the community as a whole. The frequency of operation at a particular location shall be a consideration in determining whether or not to grant the permit. Carnivals and circuses shall have adequate insurance, pursuant to City Council policy, to indemnify the City from liability. A business license shall be required.

D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by the fire marshal including inspection prior to opening. Security guards as required by the Police Department shall be provided. Uniformed parking attendants are to be determined by the traffic engineer. The number of sanitary facilities shall be as determined by the Department of Planning and Building. All electrical installations shall be inspected and approved by the Department of Planning and Building.

E. The Zoning Administrator has the right to impose additional standards or waive any of the above standards on the finding that said standards are or are not necessary to protect the public health, safety and general welfare.

F. A bond shall be posted to cover any work and compliance with conditions to be done once the carnival is over. Any violation of the above regulations which has been substantial shall be sufficient grounds for the Zoning Administrator to revoke the conditional use permit and require removal of the circus or carnival from the property. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2074 § 4, 1984).

19.58.050 Animal hospital, veterinarian facilities.

Animal hospital and veterinarian facilities shall be located no closer than 100 feet to any residential zone, or restaurant, hotel or motel in any zone, and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor before a zoning permit is granted (see CVMC 19.66.080 through 19.66.150). No incineration of refuse or animal carcasses shall be permitted on the premises. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(4)).

19.58.055 Auctions of vehicles, heavy machinery and equipment.

A. Subject use shall only be allowed by the issuance of a conditional use permit by the Planning Commission in the I-P (general industrial – precise plan) zone.

B. The applicant shall list specific items proposed to be auctioned. Said items shall meet the categories “vehicle, heavy machinery and equipment.” The conditional use permit, if issued, shall clearly specify the types of items authorized for auctioning as determined by the issuing authority (the Planning Commission, or City Council if appealed).

C. Auctions shall be limited to one per week with a minimum of one week between auctions.

D. Auctions shall only be held between the hours of 8:00 a.m. and 5:00 p.m.

E. All areas shall be properly paved, striped and improved to City standards, and screened to the satisfaction of the City Engineer and the Director of Planning.

F. Outdoor loudspeakers shall be prohibited unless a noise study conducted by a certified acoustician determines that the proposal can meet the City’s noise standards.

G. The on-site repair or dismantling of automobiles or equipment by purchasers is prohibited. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2584 § 5, 1994).

19.58.060 Automobile car wash facilities.

A. All equipment used for the facility shall be soundproofed so that any noise emanating therefrom, as measured from any point on adjacent property, shall be no more audible than the noise emanating from the normal street traffic at a comparable distance.

B. Hours of operation shall be from 7:00 a.m. to 11:00 p.m., unless specifically approved by the Planning Commission.

C. Vacuuming facilities shall be located to discourage the stacking of vehicles entering the car wash area and causing traffic congestion adjacent to any areas used for ingress or egress.

D. The car wash location, technology and related drainage facilities shall be designed and constructed so as to prevent damage to pavement or other infrastructure from water from the car wash operation being carried off-site, to provide a means to collect and retain potentially toxic material, and to use recycled water to the extent possible. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2491 § 3, 1992; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(5)).

19.58.070 Automobile sales facilities.

Automobile sales facilities, new and used, shall provide customer off-street parking equal to one-tenth of the car storage capacity of the facility, with ingress and egress designed to minimize traffic congestion, and shall provide a six-foot-high masonry wall separating the entire area from abutting residential property, except as provided under CVMC 19.58.055 for auctions. Said wall may be replaced with a fence subject to Department approval. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2584 § 6, 1994; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(6)).

19.58.075 Bars, cocktail lounges, and nightclubs.

A. All bars, cocktail lounges and nightclubs identified as conditional uses shall not be granted a conditional use permit 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 approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (1) the number and location of existing facilities in the surrounding area; (2) noncompliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (3) the impact of the proposed facility on crime; and/or (4) the impact of the proposed facility on traffic volume, traffic flow and parking. The police department or other appropriate City departments may provide evidence at the hearing.

B. Applicants for such businesses shall comply with the provisions of Chapter 5.09 CVMC (Alcoholic Beverage Licenses).

C. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation.

D. Such uses shall be in compliance with the provisions of Chapters 19.66 (Performance Standards) and 19.68 (Performance Standards and Noise Control) CVMC. (Ord. 3182 § 3(C), 2011).

19.58.080 Cemetery, crematory, mausoleum, or columbarium.

Cemeteries, crematories, mausoleums, or columbariums shall provide entrance on a major or secondary thoroughfare with ingress and egress so designed as to minimize traffic congestion, and shall provide a minimum six-foot-high evergreen hedge or provide a minimum of 20 feet of permanently maintained landscaped strip on all property lines abutting any R zone or residential street. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(7)).

19.58.090 Club, country – Golf course.

Country club and golf course regulations are as follows:

A. No building shall be located within 20 feet of any property line.

B. Facilities, such as restaurants and bars, may be permitted when conducted and entered from within the building.

C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from any property line, and when adjoining property in an R or C zone, shall be effectively landscaped, subject to the approval of the Director of Planning and Building. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(8)).

19.58.100 Club, community building, social hall, lodge and fraternal organization.

For clubs, community buildings, social halls, lodges and fraternal organizations in R zones, the following provisions apply:

A. All buildings must be a minimum of 10 feet from the side lot lines, and 25 feet from the rear lot line.

B. There shall be no external evidence of any incidental commercial activities nor any access to any space used for such activity other than from within the building.

C. Any such use must be able to provide access without causing heavy traffic on local residential streets. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(9)).

19.58.110 Church, hospital, convalescent hospital, religious or eleemosynary institution.

A. Any church, hospital, convalescent hospital or other religious or eleemosynary institution in any R zone shall be located on a collector street or thoroughfare with a minimum parcel of one acre; shall maintain a 10-foot-wide minimum landscaped strip or solid six-foot fence or masonry wall on all property lines abutting said R zone; except, that said fence or wall may be reduced to three and one-half feet in a landscaped front setback area not containing parking facilities; and shall have side yard and rear yard setbacks of at least 20 feet and a front yard setback of at least 20 feet. These shall be considered guidelines rather than standards in the case of churches.

B. The provision of temporary shelter for the homeless in accordance with the following standards and requirements is considered accessory to church use subject to compliance with the following standards:

1. A shelter may accommodate a maximum of 12 guests for two weeks per year. Two additional nonconsecutive two-week periods may be authorized by the Zoning Administrator, provided no opposition has been expressed by surrounding property owners or residents; otherwise the City Council shall have the authority to grant such extensions.

2. The guests shall be prescreened by a recognized social service agency to determine resident suitability. Active alcohol or drug abusers as well as those with criminal convictions of a felony or any crime of violence or significant mental illness shall be excluded from the program. Supervision shall be provided at all times both on-site and during arrivals and departures from the shelter.

3. A floor plan and set-up of the space to be occupied shall be submitted along with a description of the prescreening agency and criteria.

A post set-up, pre-shelter inspection shall be conducted by the City in order to determine compliance with applicable building, health, safety and fire regulations.

4. A church which is providing shelter for the first time, or which has not provided shelter in the last 18 months, shall provide the City with certification that written notice of the proposal has been given to properties within 300 feet of the shelter site. The host congregation is encouraged to hold a neighborhood meeting to inform residents of the proposal and answer questions well before the commencement date.

5. The shelter may be subject to closure for the violation of the standards or determination by the Zoning Administrator that the shelter guests have been the negligent or intentional cause of one or more neighborhood disturbances.

6. Shelter proposals beyond the limit noted in subsection (B)(1) of this section, including extensions, are considered conditional uses and may only be permitted by issuance of a conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2485 § 1, 1991; Ord. 2290 § 1, 1989; Ord. 2287 § 2, 1988; Ord. 2285 § 1, 1988; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(10)).

19.58.115 Dance floors.

Dance floors in conjunction with restaurants, bars, cocktail lounges or night clubs shall be subject to the following standards:

A. Any structure containing a dance floor shall maintain a minimum setback of 20 feet from any residential zone;

B. Ingress and egress from the site shall be designed so as to minimize traffic congestion and hazards;

C. Adequate controls or measures shall be taken to prevent offensive noise and vibration from within the establishment adversely affecting adjacent properties or uses;

D. Parking requirements, as established in CVMC 19.62.050.

The Zoning Administrator may modify or waive any of the above regulations upon a determination that the provision is being satisfied by another acceptable means. The Zoning Administrator may require additional conditions of approval based on an analysis of the site.

Any violation of the above regulations or other conditions attached to the permit shall be sufficient grounds for the City Council to suspend or revoke the dance floor license pursuant to CVMC 5.26.120. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2273 § 8, 1988).

19.58.120 Drive-in establishments.

A. Drive-in establishments, except theaters, shall be permitted only where:

1. They are clearly required by public convenience and necessity;

2. They do not break up continuity of retail store frontage for pedestrians;

3. They will not cause traffic hazards or undue traffic congestion;

4. An enclosed area with containers is provided for waste and trash;

5. They will not be a nuisance to residences or other surrounding uses.

B. Theaters shall be located only on major or secondary thoroughfares; shall provide ingress and egress so designed as to minimize traffic congestion; shall be located not less than 200 feet from any R zone, and so screened from such district that any noise shall not disturb residents or prospective residents; and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents. Any projection screen image shall be so located or screened as not to be easily visible from any major or secondary thoroughfare. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(11)).

19.58.130 Dwelling groups.

A dwelling group as defined in CVMC 19.04.076 may be permitted; provided, that all of the following conditions and requirements are met:

A. The area of the lot devoted to each structure used for dwelling purposes shall be equal to the minimum lot size of the underlying zone exclusive of the access road and guest parking areas.

B. Each dwelling shall be connected to a gravity sewer or any other means approved by the City Engineer.

C. All on-site utilities shall be undergrounded.

D. No garage conversions shall be permitted.

E. All roadways, driveways and guest parking areas shall be paved with a minimum of five inches of portland concrete cement.

F. The minimum width of an access roadway serving one dwelling structure shall be 15 feet and 20 feet for two or more structures.

G. Guest parking shall be provided for those dwellings served by an access roadway. The number of spaces shall be as follows:

1. One dwelling structure, one space;

2. Two or more dwelling structures, one and one-half spaces per dwelling structure.

H. An on-site fire hydrant may be required by the Fire Department when it is deemed necessary.

I. If the property is graded to create a building pad for each dwelling structure, the minimum level pad area (no slope over five percent) of each pad shall be not less than 80 percent of the minimum lot size required for said dwelling, but in no case shall the minimum level area be less than 5,000 square feet.

J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the Director of Planning, who shall consider whether such development will adversely affect adjacent properties or development.

K. The following yards shall be based upon the front orientation of the structures:

1. Front yard, 15 feet from the access roadway and from any setback line set forth in this section. Any garage facing the access roadway shall be a minimum of 22 feet from the access roadway;

2. Side yard, not less than that required by the underlying zone;

3. Rear yard, not less than that required by the underlying zone upon initial construction.

L. In addition to the setbacks established in this section, the minimum separation between dwellings shall not be less than the combined total of the yards required by the underlying zone, except where the dwellings face each other, in which case an additional 20 feet shall be provided between dwellings.

M. All development permitted under this provision shall be subject to the regulations and requirements of this title except as otherwise regulated in this section.

N. The development shall be subject to site plan and architectural approval of the Director of Planning.

O. The types of dwelling structures permitted under this provision shall be limited to those listed under the permitted uses of the underlying zone. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1874 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(13)(12)).

19.58.140 Electric substations.

Electric substations, when located in A, R, C-O, C-V and C-N zones, shall conform to the following requirements:

A. All buildings and equipment shall be required to observe the same yards applicable to buildings in each specific zone.

B. The property shall be surrounded by a solid masonry wall, or chain-link fence subject to staff approval, not less than six feet in height, with locked gates at all points of access. Facilities may also be housed inside an approved structure. The wall or fence may be waived by the Planning Commission if they find there would be no detrimental effect on the adjacent areas by elimination of this requirement.

C. The wall or fence shall be set back not less than 20 feet from principal street frontage and the space between said wall and street lot line provided with permanent landscaping and adequate sprinklers or appropriate automatic irrigation devices. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(13)).

19.58.142 Electrical generating facilities.

The purpose of this section is to provide standards for the siting and establishment of the various sub-types of electrical generating facilities in any zones in which they are permitted subject to issuance of a conditional use permit or as an accessory use, except for residential-level facilities. Any of the electrical generating facility sub-types to be permitted must be found to be in compliance with the following standards and the City’s “Electrical Generating Facilities Policy” and associated tables, as applicable to the particular sub-type, as well as any other local, regional, state and federal standards that are otherwise applicable to the facility.

A. For the purposes of this section, electrical generating facility includes the following sub-types of power facilities which are further defined in CVMC 19.04.089: base load facility; peaking facility; private facility; backup and emergency facility; and residential-level facility.

B. The siting and establishment of a base load facility shall be subject to the following standards:

1. The facility shall be limited to natural gas or non-fossil fueled. Nuclear plants are prohibited as defined by the City’s “Electrical Generating Facilities Policy.”

2. The facility shall be a minimum of 1,000 feet from only the following specifically identified sensitive receptors: residential communities, schools, hospitals, nursing homes or elder care facilities, residential care facilities, and child care centers as defined by the City’s “Electrical Generating Facilities Policy.” Measurement of the 1,000-foot minimum shall be made from the nearest property line of the parcel on which the nearest sensitive receptor is located to the location of the emission source of the proposed EGF.

3. The facility shall have an executed contract with the local utility or City for power use within the local investor-owned utility (e.g., SDG&E) service territory or City as defined by the City’s “Electrical Generating Facilities Policy.”

4. The property shall be surrounded by a solid fence or walls not less than six feet in height consistent with the provisions of CVMC 19.58.150 and 19.58.360.

5. The facility shall utilize the best available control technology and state-of-the-art emissions technology as defined by the City’s “Electrical Generating Facilities Policy.”

6. The applicant must have obtained required certification from the local, state or federal regulatory agencies.

7. All buildings and equipment shall be required to observe the same site development standards and requirements applicable to the specific zone in which the facility is located, unless otherwise excepted pursuant to CVMC 19.16.040.

8. In combination with landscaping, berming and/or other treatments, the facility shall be designed to sufficiently screen the use and reduce to the maximum extent practicable visual effects to nearby properties.

9. The applicant shall demonstrate that any noise, dust, vibrations, and odors associated with the project are in compliance with the requirements of Chapter 19.66 CVMC.

10. The sound pressure levels generated by all equipment and uses shall not exceed the applicable decibel levels pursuant to Chapter 19.68 CVMC.

11. The facility shall conform to the provisions for fuel types, offsets, performance criteria, and cumulative considerations as stipulated in the City’s “Electrical Generating Facilities Policy.”

12. All development shall be subject to site plan and architectural approval through the Director of Development Services.

13. Conditional use permits shall be reviewed every 10 years to ensure that the facility is operating in compliance with the required standards, and to determine whether upgrades to the best available technology have been or need to be made pursuant to the process as outlined in section C.6 of the Council EGF Policy. In such instances that upgrades need to be made, the extent and timing of said upgrades shall be determined by the City in consultation with the applicant or successor, and to the satisfaction of the Director of Development Services or his/her designee. Said upgrades shall be made no later than five years from the determination of need. The review cycle shall begin from the date that the facility is commissioned for operation. The applicant or successor shall fund the conditional use permit and/or standards review in accordance with the City’s latest fee schedule.

C. The siting and establishment of a peaking facility shall be subject to the following standards:

1. The standards prescribed in subsections (B)(1) through (13) of this section.

D. The siting and establishment of a private facility shall be subject to the following standards:

1. The standards prescribed in subsections (B)(5) through (12) of this section.

2. The periodic review for standards compliance and potential BACT upgrades under subsection (B)(13) of this section.

3. Minimum distance from sensitive receptors shall be determined pursuant to the City’s “Electrical Generating Facilities Policy.”

4. The facility shall be located within a fully enclosed structure, except for wind, solar or other renewables where enclosure is impractical.

E. The siting and establishment of a permanent backup and emergency facility of 50 horsepower or greater shall be subject to the following standards:

1. The standards prescribed in subsections (D)(1) and (2) of this section.

F. The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. (Ord. 3279 § 3, 2013).

19.58.145 Factory-built housing.

“Factory-built housing” means any housing unit prefabricated or constructed off-site of the building site in modular increments of whatever nature in accordance with the standards established by state and local government. In accordance with the provisions of this title, such units, subject to any architectural controls which may be established for particular areas, may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single-family detached dwelling units in the P-C zone; provided, that:

A. It may be occupied only as a residential use;

B. All development standards of the underlying zone pertaining to conventional single-family development are complied with; and

C. The foundation is in compliance with all applicable building regulations. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1941 § 2, 1981).

19.58.147 Family day care homes, large.

A large family day care home shall be allowed in the R-E and R-1 zones, and within the P-C designated R-E and R-S zones, upon the issuance of a large family day care permit by the Zoning Administrator and in compliance with the following standards:

A. Notice shall be given to properties within 500 feet of the proposed large family day care home at least 10 days prior to consideration of the permit.

B. The permit shall be considered without public hearing unless a hearing is requested by the applicant or other affected party by the hearing deadline date. The applicant or other affected party may appeal the Zoning Administrator’s decision to the City Council.

C. The family day care function shall be incidental to the residential use of the property.

D. A large family day care home shall not locate within:

1. Three hundred (300) feet of another such facility with said measurement being defined as the shortest distance between the property lines of any such facilities; and

2. One thousand two hundred (1,200) feet of another such facility along the same street with said measurements being defined as the shortest distance between front property lines, as measured along the same street, of any such facilities.

E. The owner must provide a double-wide driveway which shall be paved to meet City standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the edge of sidewalk to any vertical obstruction. The driveway shall be available during all hours of operation for the loading and unloading of children. If a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the event that less than a two-car garage exists on-site, the owner must designate an area on-site other than on the driveway so that a total of two personal vehicles can be parked on-site, including the garage. Notwithstanding the foregoing, the applicant must comply with all other Municipal Code provisions as to parking and traffic.

F. If, in the opinion of the Zoning Administrator, there is a potential for significant traffic problems, the Zoning Administrator shall request review of the application by the City Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the day care permit in these instances to ensure maintenance of traffic safety levels within the vicinity of the home.

G. Adequate outdoor play space shall be required and determined on a case-by-case basis. Outdoor play activity shall not be allowed in the front or exterior side yard of the home.

H. Play areas shall be designed and located to reduce the impact of noise on surrounding properties.

I. A business license will be obtained concurrently with the use permit.

J. At the City’s discretion, an annual review of the permit may be done to determine compliance with state and City requirements and the permit’s conditions of approval. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2793 § 1, 1999; Ord. 2717 § 1, 1998; Ord. 2269 § 2, 1988; Ord. 2123 § 1, 1985; Ord. 2111 § 8, 1985).

19.58.148 Certified farmers’ markets.

“Certified farmers’ market” means a retail sales operation, generally outdoors, selling predominantly fresh produce and/or flowers which is subject to the certification regulations of the State of California Department of Agriculture, Weights and Measures, and the county of San Diego’s Department of Environmental Health.

A certified farmers’ market shall operate under the following rules:

A. Operational Requirements.

1. A farmers’ market shall operate no more than once a week, with the day and hours of operation established by the conditional use permit.

2. The sales area shall maintain a 25-foot setback from the street.

3. The market shall be located on a paved surface, except for areas used for animal rides.

4. The sales area shall be kept in a neat and well-kept manner at all times.

B. Signs. The operator of a farmers’ market shall obtain approval of a planned sign program for all signs. The development and approval of the planned sign program shall comply with the provisions of CVMC 19.60.050 and the following:

1. Temporary signs, whether a part of or not a part of the planned sign program, identifying the farmers’ market and hours thereof may only be displayed during the event, and not more than four hours before and one hour after said event.

2. Pennants may be used only for safety and precautionary purposes.

3. Price signs may be used only when of a size and location as to benefit the pedestrian shopper and not passing vehicles.

C. Required Conditions. The conditional use permit shall include requirements or standards for the following:

1. Live animals, live entertainment or rides if any are proposed.

2. On- and off-site security and traffic controls.

3. Emergency access provisions.

4. Restrooms.

5. Waste management and recycling.

6. The initial term of a certified farmers’ market use permit shall be for a period not to exceed one year.

D. Parking. A certified farmers’ market shall provide customer parking at a ratio of one space per 200 square feet of the maximum shopping area proposed. The term “shopping area” includes the area occupied by produce stands, vendor storage, walkways and aisles. If adequate parking is not available on-site, the operator shall provide off-site parking within 300 feet of the market area as measured along permanently available pedestrian routes. Said off-site parking shall be clearly identified as parking for the farmers’ market, including signs at the market directing patrons to the off-site parking location.

E. If a certified farmers’ market is located in a residential zone, it must be on property used primarily for public or quasi-public uses.

F. Any other conditions of approval set forth in the conditional use permit. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 2, 2004).

19.58.150 Fences and walls.

A fence or wall subject to the provisions of CVMC 12.12.120 and 12.12.130, not more than three and one-half feet in height, may be maintained and located on any part of a lot. Those in excess of three and one-half feet may be located as follows:

A. A fence or wall not more than six feet in height may be maintained and located on any part of an interior or corner lot, to the rear of the required front and exterior side yard setbacks.

B. In any residential zone, a fence or wall not more than six feet in height may be maintained and located within a required exterior side yard subject to approval of the Zoning Administrator, who shall consider adjacent driveways, traffic hazards and topographic differences. A masonry wall shall consist of decorative features and a fence shall be interspersed with masonry pilasters a maximum of 15 feet apart to ensure a pleasing and aesthetic effect to the adjacent areas. Landscaping shall be required between the wall or fence and the sidewalk if said wall or fence is not located at the edge of a sidewalk.

C. Portions of fences or walls over six feet in height, to enclose tennis courts or other game areas, and located where six-foot fences are otherwise permitted, shall be composed of wire mesh capable of admitting at least 90 percent of available light as measured on a light meter. Such fences over six feet in height may be permitted subject to approval of the Zoning Administrator based on a finding that such fences will not constitute a nuisance to abutting property.

D. In any commercial or industrial zone, fences or walls may be allowed or required to a maximum height of nine feet if it is determined by the Zoning Administrator that said increase in height is necessary to protect the public health, safety or general welfare and would have no detrimental effect upon the surrounding neighborhood. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(14)).

19.58.160 Fertilizer plants and yards.

Fertilizer plants and yards shall be no closer than 200 feet to any residential district; shall provide automobile parking and truck loading areas, together with ingress and egress so designed as to minimize traffic hazard and congestion; and shall show that odor, dust, noise and drainage will not constitute a nuisance to surrounding properties. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(15)).

19.58.170 Golf driving ranges.

Golf driving ranges shall be located only on major or secondary thoroughfares except when incidental to a golf course. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than 200 feet from any adjacent R zone. The driving area shall be planted with grass, equipped with a sprinkler system, and maintained in good condition at all times. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(16)).

19.58.175 Hay and feed stores.

Retail hay and feed stores in A – agricultural zone shall conform to the following:

A. Whenever a hay and feed store is located within 100 feet of any residence not on the same lot as the store, storage of hay and feed shall be totally enclosed within the building(s) and properly ventilated.

B. Storage of readily combustible materials which exceed a volume of 2,500 cubic feet shall be permitted only upon approval by the fire marshal.

C. At the time of filing an application for a conditional use permit, the applicant shall show that odor and dust will not constitute a nuisance or hazard to adjoining properties or uses. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1604 § 2, 1975; prior code § 33.901(B)(16.1)).

19.58.178 Hazardous waste facilities.

A hazardous waste facility as defined in CVMC 19.04.107 may be considered for permitting only within an industrial zone which is also located within a general area identified in Section 5.5 of the public facilities element of the General Plan as an area appropriate for the acceptance and consideration of an application for such a facility. A hazardous waste facility may be allowed within a location as indicated above upon the issuance of a conditional use permit, subject to the following standards and guidelines:

A. Purpose and Intent. It is the intent of this section to establish and clarify local requirements and procedures for the review and approval of conditional use permit applications for a hazardous waste facility, consistent with the provisions of Section 25199, et seq., of the California Health and Safety Code (Tanner Act), and with the objectives, policies, and criteria of the public facilities element of the General Plan regarding hazardous waste management planning, and the siting and permitting of hazardous waste facilities.

B. Applicability. Any conditional use permit granted for a hazardous waste facility pursuant to CVMC 19.14.060 through 19.14.130 shall comply with the applicable provisions of this section which are supplementary to, and in the event of conflict shall supersede, the regulations set forth in CVMC 19.14.070 through 19.14.130. Subsections (D), (E), (F), (G), (H), (I), (J), and (K) of this section shall apply to all hazardous waste facilities as defined in CVMC 19.04.107, and as herein defined.

C. Definitions.

1. “Hazardous waste” shall mean a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may either:

a. Cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

b. Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

In addition, “hazardous waste” shall include the following:

a. Any waste identified as a hazardous waste by the State Department of Toxic Substances Control.

b. Any waste identified as a hazardous waste under the Resource Conservation Recovery Act, as amended, 42 USC Section 6901, et seq., and any regulations promulgated thereunder.

c. Extremely or acutely hazardous waste, which includes any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.

2. “Hazardous waste facility” means any facility used for the storage, transfer, treatment, recycling, and/or disposal of hazardous wastes or associated residuals as defined in CVMC 19.04.107.

3. “Land use decision” shall mean a discretionary decision of the City concerning a hazardous waste facility project, including the issuance of a land use permit or a conditional use permit, the granting of a variance, the subdivision of property, or the modification of existing property lines pursuant to Title 7 (commencing with Section 65000) of the California Government Code.

D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of Application.

1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b), at least 90 days before filing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Department and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent (NOI) to make the application. The NOI shall be on such form as approved by the Director of Planning, and shall specify the project location to which it applies, and contain a complete description of the nature, function, and scope of the project.

2. The Planning Department shall provide public notice of the applicant’s intent to apply for a conditional use permit, pursuant to the noticing procedure in CVMC 19.12.070, and by posting notices in the location where the proposed project is located.

3. Costs incurred by the City in processing said public notice shall be paid by the project proponent through establishment of a deposit account for such purposes with the Planning Department at the time the NOI is filed.

4. The NOI shall remain in effect for one year from the date it is filed, unless it is withdrawn by the proponent. However, a NOI is not transferable to a location other than that specified in the NOI, and in such instance the proponent proposes to change the project location, a new NOI shall be prepared, and the procedure shall begin again for the new location.

5. Within 30 days of the filing of the NOI, the applicant shall schedule a preapplication conference with the Planning Department to be held not later than 45 days thereafter, at which time the applicant and the Planning Department shall discuss information and materials necessary to evaluate the application. Within 30 days after this meeting, the Director of Planning shall inform the applicant, in writing, of all submittals necessary in order to deem the conditional use permit application complete.

6. The applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items, and presented the required application fee. Furthermore, said application shall not be considered and acted upon until it is deemed complete as provided by CVMC 19.14.070, and until all materials necessary to evaluate the application as set forth by the Director of Planning pursuant to subsection (D)(5) of this section have been received and accepted as to content.

7. An application is not deemed to be complete until the Planning Department notifies the applicant, in writing, that the application is complete. Said notification of completeness, or incompleteness, shall be provided within 30 days of the application submittal, or resubmittal, as applicable. After an application is determined to be complete, the Planning Department may request additional information where necessary to clarify, modify, or supplement previously submitted materials, or where resulting from conditions which were not known, and could not reasonably have been known, at the time the application was received.

8. The Planning Department shall notify the Office of Permit Assistance in the State Office of Planning and Research within 10 days after an application for a conditional use permit is accepted as complete by the Planning Department.

E. Preapplication Public Meeting.

1. Within 90 days after a NOI is filed with the Planning Department and Office of Permit Assistance in the State Office of Planning and Research pursuant to subsection (D)(1) of this section, the Office of Permit Assistance will, in cooperation with the Planning Department, convene a public meeting (“preapplication meeting”) in the City of Chula Vista for the express purpose of informing the public on the nature, function, and scope of the proposed project and the procedures that are required for approving applications for the project.

2. The City shall arrange a meeting location in a public facility near the proposed project site, and shall give notice of said meeting pursuant to the noticing procedures in CVMC 19.12.070 and by posting at the proposed project site.

3. All affected agencies, including, but not limited to, the State Department of Health Services/ Toxic Substance Control Program, regional water quality control board, county department of health services – hazardous materials management division, and the air pollution control district, shall send a representative who will explain to the public their agency’s procedures for approving permit applications for the project, and outline the public’s opportunities for review and comment on those applications.

F. Local Assessment Committee – Formation and Role.

1. At any time after filing of the NOI, but not later than 30 days after an application for a land use decision has been accepted as complete, the City Council shall appoint a seven member local assessment committee (LAC) to advise the City in considering the hazardous waste facility proposal.

2. The membership of the LAC shall be broadly constituted to reflect the makeup of the City, and shall include three representatives of the City at large, two representatives of environmental or public interest groups, and two representatives of affected businesses and industries. Members of the LAC shall have no direct financial interest, as defined in Section 87103 of the California Government Code, in the proposed project.

3. The LAC is solely an advisory committee, and is not empowered with any decision-making authority relative to the proposed project, nor with the legal standing to assert specific project conditions. Rather, the LAC provides a mechanism for direct input on matters of concern to the general public into the environmental review process, and presents the opportunity for framing questions that should be addressed in that process, as well as in seeing that these questions are addressed as early in the process as possible.

4. As such, the LAC shall, within the time period prescribed by the City Council, advise the City of the terms and conditions under which the proposed hazardous waste facility project may be acceptable to the community, as follows:

a. Adopt rules and procedures which are necessary to perform its duties.

b. Enter into a dialogue with the project proponent to reach an understanding on:

i. The suggested terms, provisions and conditions for project approval and facility operation which would ensure protection of public health, safety and welfare, and the environment of the City of Chula Vista and adjacent communities, and

ii. The special benefits and remuneration the proponent will provide the City as compensation for all local costs and impacts associated with the facility and its operation. Such discussions shall address fair share concepts as set forth in Section 5.5 of the General Plan public facilities element, including the consideration of establishing intergovernmental agreements, and/or other compensation and incentive programs.

Said dialogue shall be responsive to the issues and concerns identified at the meeting described in subsection (G)(1) of this section.

c. With regard to subsection (F)(4)(b) of this section, any resulting proposed mitigation measures not already defined in the environmental review or permitting process would be subject to the negotiation process with the proponent, with the negotiation results forwarded as recommended terms of approval to the Planning Commission and City Council.

d. Represent generally, in meetings with the project applicant, the interests of the residents of the City of Chula Vista and the interests of adjacent communities, as principally made known through the post-application meeting.

e. Receive and expend, subject to the approval of the City Manager and authorization of the City Council, any technical assistance grants made available as described in subsection (J) of this section.

f. Advise the Planning Department, Planning Commission, and the City Council of the terms, provisions, and conditions for project approval which have been successfully negotiated by the committee and the proponent, and any additional information which the committee deems appropriate. The Planning Department, Planning Commission, and City Council may use this advice for their independent consideration of the project.

5. The City shall allocate staff resources to assist the LAC in performing its duties, and the project proponent shall be responsible to pay the City’s costs in establishing, convening, and staffing the LAC, through establishment of a deposit account for such purposes with the Planning Department at the time of filing an application for a land use decision.

6. The LAC shall cease to exist after final administrative action by state and local agencies has been taken on the permit applications for the project for which the committee was convened.

G. Notice of Permit Application – Post-Application Meeting.

1. Within 60 days after receiving the notice of a complete application as required by subsection (D)(8) of this section, the Office of Permit Assistance in the State Office of Planning and Research will convene a public meeting (“post-application meeting”) in the City of Chula Vista of the lead and responsible agencies for the project, the proponent, the LAC, and the interested public for the purpose of determining the issues which concern the agencies that are required to approve the project, and the issues which concern the public. The Planning Department shall provide notice to the public of the date, time, and place of the meeting.

2. The issues of concern raised at the post-application meeting must include all environmental and permitting issues which will need to be addressed in the environmental document to ensure the document’s adequacy in supporting the actions of all permitting and responsible agencies for the project.

3. The post-application meeting should be held as soon as an environmental initial study or notice of preparation is available for review and comment, so that adequate opportunity is provided for meeting input to be employed in the scoping of subsequent environmental review activities.

H. Environmental and Health Risk Assessments.

1. All hazardous waste facility proposals shall be required to undergo an environmental review and health risk assessment regardless of facility type, size, or proximity to populations or immobile populations.

2. As hazardous waste facilities may vary greatly in their potential public health and safety, and environmental risks, the depth and breadth of environmental review and health risk assessments must be tailored on a case-by-case basis.

3. The environmental review and health risk assessment shall serve as the primary vehicles for identifying community and involved agency concerns, and providing data to be used by the LAC and the City in negotiating project conditions. As such, within 30 days following the post-application meeting, the City shall:

a. Create an ad hoc technical committee to advise the City and the LAC on technical issues regarding the scoping and preparation of the environmental review and health risk assessment. The membership should consist of staff from each of the involved permitting or responsible agencies, an epidemiologist, a toxicologist, and any other technical experts deemed necessary or desirable.

b. Convene a meeting of involved City staff, the environmental document preparer, the LAC, the ad hoc technical committee, and the project proponent to establish the scope and content for the environmental document and health risk assessment, and the need for any other technical studies. The City Council shall review the meeting outcome, and approve a final scope for the environmental review and health risk assessment prior to the commencement of work.

4. A traffic/transportation study shall be required as part of the environmental review for all hazardous waste facility proposals, and at minimum shall account for all factors addressed under the safe transportation siting criteria contained in Section 5.5 of the public facilities element of the City General Plan.

5. Upon selection of a reasonable range of project alternatives under the California Environmental Quality Act, Public Resources Code Section 21000, et seq., the City, upon the advice of the LAC and ad hoc technical committee, shall establish a preferred hierarchy among those alternatives for the purpose of determining the level of qualitative and quantitative analysis that should be performed for the health risk assessment on those alternatives. In determining this preferred hierarchy and associated level of health risk assessment, consideration shall be given to the relative feasibility of each alternative to attain the stated project objectives, and the relative merits of each alternative.

6. The health risk assessment shall serve as an evaluative and decision-making tool, and shall not be construed as providing definitive answers regarding facility siting.

7. The ad hoc technical committee shall remain intact to assist, as requested, the City and the LAC in the evaluation of the final health risk assessment and any technical studies to determine acceptable levels of risk, and/or to determine the extent and type of related conditions and mitigation measures which should be applied to the project.

8. The LAC shall not finalize its recommendations for forwarding for Planning Commission and City Council consideration until after the public review period for the draft environmental document has closed, and the LAC has had sufficient time to review any comments received.

9. Any costs associated to the formation or work of the ad hoc technical committee, in addition to any other consultant(s) the LAC deems necessary, including costs incurred in the preparation of any technical studies, shall be paid for through technical assistance grants as described in subsection (J) of this section.

I. Initial Consistency Determination.

1. At the request of the applicant, the City Council shall, within 60 days after the Planning Department has determined that an application for a conditional use permit is complete and after a noticed public hearing, issue an initial written determination on whether the proposed project is consistent with both of the following:

a. The applicable provisions of the City General Plan and zoning ordinances in effect at the time the application was accepted as complete.

b. The county hazardous waste management plan authorized by Article 3.5 (commencing with Section 25135) of the California Health and Safety Code, if such plan is in effect at the time of application.

2. The Planning Department shall send to the applicant a copy of the written determination made pursuant to subsection (I)(1) of this section.

3. The determination required by subsection (I)(1) of this section does not prohibit the City from making a different determination when the final decision to approve or deny the conditional use permit is made, if the final determination is based on information which was not considered at the time the initial determination was made.

J. Technical Assistance Grants – Local Assessment Committee Negotiations.

1. Following the post-application meeting, the LAC and the proponent shall meet and confer on the project proposal pursuant to the provisions of subsection (F) of this section.

2. Given that the rules, regulations, and conditions relative to hazardous waste facility projects are extremely technical in nature, as are the associated assessments of potential public health and environmental risks, the LAC may find that it requires assistance and independent advice to adequately review a proposed project and make recommendations. In such instance, the LAC may request technical assistance grants from the City to enable the hiring of a consultant(s) to do any, or all, of the following:

a. Assist the LAC in the review and evaluation of the project application, environmental documents, technical studies, and/or any other documents, materials and information required in connection with the project application.

b. Interpret the potential public health and safety and environmental risks associated with the project, and help to define acceptable mitigation measures to substantially minimize or eliminate those risks.

c. Advise the LAC in its meetings and discussions with the proponent to seek agreement on the terms and conditions under which the project will be acceptable to the community.

3. The proponent shall be required to pay a fee equal to the amount of any technical assistance grant authorized for the LAC. Said fee(s) shall be paid to the City, and deposited in an account to be used exclusively for the purposes set forth in subsection (J)(2) of this section.

4. If the local assessment committee and the applicant cannot resolve any differences through the meetings, the Office of Permit Assistance in the State Office of Planning and Research may be called upon to mediate disputes.

5. The proponent shall pay one-half of the costs of any mediation process which may be recommended or undertaken by the Office of Permit Assistance in the State Office of Planning and Research. The remaining costs will be paid, upon appropriation by the legislature, from the State General Fund.

K. Additional Findings Required for Hazardous Waste Facilities. Before any conditional use permit for a hazardous waste facility may be granted or modified, in addition to the findings required by CVMC 19.14.080, it shall be found that the proposed facility is in compliance with the following:

1. The general areas policies of Section 5.5 of the public facilities element of the City General Plan.

2. The siting criteria as set forth in Section 5.5 of the public facilities element of the City General Plan.

3. The fair share principles established in Section 5.5 of the public facilities element of the City General Plan.

4. The county of San Diego hazardous waste management plan. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2542 § 6, 1993).

19.58.180 Heliports or landing strips for aircraft.

Heliports or landing strips for aircraft, except as part of an approved residential subdivision providing for aircraft landing, taxiing and hangaring, shall be located no closer than 600 feet from any R zone, and shall provide runways so oriented that aircraft landing and taking off do not normally pass below 200 feet directly over dwellings. Proponents shall show that adequate controls or measures will be taken to prevent offensive dust, noise, vibrations or bright lights, and proponents shall show that the field in question conforms to standards of the Federal Aeronautics Authority for the particular class of field. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(17)).

19.58.190 Kennels, riding academies and public stables.

Kennels (commercial) for dogs and cats and riding academies and public stables shall be located not less than 200 feet from any adjoining zone which prohibits such uses; shall provide automobile and truck ingress and egress; shall provide parking and loading spaces so designed as to minimize traffic hazard and congestion; and the proponent shall show that odor, dust, noise or drainage shall not constitute a nuisance or a hazard to adjoining property or uses. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(18)).

19.58.200 Labor camps.

No labor camp structure shall be located closer than 20 feet from any property line, and not closer than 50 feet from the front lot line. When adjoining an R zone, no structure shall be closer than 100 feet from the adjoining property line. The aggregate site area shall contain not less than 3,000 square feet of land area for each tent or trailer space or cabin or for each three workers, and no structure shall be closer than 10 feet from any other structure. A usable recreation area shall be provided for each labor camp, and shall contain not less than 200 square feet of area for each dwelling space or unit or each three workers. Access roads and parking areas shall have a durable and dustless surface and areas shall be so graded as to dispose of all surface water accumulated within the area. A temporary certificate of occupancy will be issued for a period not to exceed one year, subject to renewal. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(19)).

19.58.205 Mixed commercial-residential projects in the C-C zone.

Mixed commercial-residential projects may be allowed in the C-C zone either by right or upon the issuance of a conditional use permit depending upon the land use designation of the Chula Vista General Plan. Any mixed commercial-residential project shall be subject to the following additional standards and guidelines:

A. The commercial and residential components shall be planned and implemented together;

B. Mixed use projects shall be developed to be internally compatible between the different land uses, and may include restrictions on commercial uses and/or business hours in order to avoid conflicts with residential uses. Mixed use projects shall comply with the performance standards set forth in Chapters 19.66 (Performance Standards) and 19.68 (Performance Standards and Noise Control) CVMC;

C. The maximum allowable residential density shall be governed by the provisions of the R-3 zone based on the total project area, less any area devoted exclusively to commercial use, including commercial parking and circulation areas. The approved density may be significantly less than the maximum allowable density depending on site-specific factors, including the density and relationship of surrounding residential areas, if any;

D. Parking, access and circulation shall be largely independent for the commercial and residential components of the project. Each use component shall provide off-street parking in accordance with City standards, as provided in Chapter 19.62 CVMC;

E. The residential component shall at a minimum meet the private and common usable open space requirements of the R-3 H zone. For residential developments with studio and/or one-bedroom units (only), the usable open space or courtyards in commercial areas which are fully accessible to residents may be used by the residents and counted towards the open space requirements; however, open space intended for use by the residents shall not be accessible to the commercial area;

F. Front yard setbacks may be reduced from the minimum standard provided in CVMC 19.36.060 to allow storefronts along street frontages to maintain a pedestrian orientation at the street level and/or reduce effects on adjacent residential uses. The reduction in front yard setback will be determined through evaluation of the site design and approved by the decision making body for the permit;

G. Side and rear yard setbacks shall be a minimum of 10 feet and may be increased to provide a sensitive transition where adjacent to single-family residential neighborhoods. The increase in side and/or rear yard setback will be determined through evaluation of the site design and approved by the decision making body for the permit. 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;

H. Additional design standards may be required to mitigate adjacency issues, and may include:

1. A six-foot-high solid or decorative metal fence may be required pursuant to CVMC 19.58.150 and 19.58.360, as may be applicable. If the fence is solid, it shall have design treatment and be articulated every six to eight feet to avoid presenting a blank wall to the street or adjacent property.

2. All exterior lighting shall focus internally and shall be kept within the property lines to decrease the light pollution onto the neighboring properties.

3. Screening and/or buffers shall be required to obscure features such as dumpsters, rear entrances, utility and maintenance structures and loading facilities.

4. Building orientation and design shall be cognizant of adjacent low-density uses, i.e., balconies shall step back a minimum of 10 feet to avoid overlooking rear yards of adjacent residential uses. (Ord. 3182 § 3(B), 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2295 § 1, 1989).

19.58.210 Motels and hotels.

Any motel or motel/hotel site shall have a minimum site area of 20,000 square feet and shall contain not less than 1,000 square feet per sleeping unit for one-story units, 800 square feet per sleeping unit for two-story units, or 600 square feet per sleeping unit for units over two stories. The buildings shall not occupy in the aggregate more than 40 percent of the area of the lot. All areas not used for access, parking, circulation, buildings and services shall be completely and permanently landscaped and the entire site shall be maintained in good condition. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(21)).

19.58.220 Nursing homes.

The following requirements shall apply to nursing homes (see Definitions, CVMC 19.04.162):

A. Approval must be obtained from proper agencies concerning health and safety conditions, and said home must be licensed by such agencies;

B. An off-street loading area shall be provided (see CVMC 19.62.140);

C. If an unenclosed incinerator is provided, it shall be located on the rear one-half of the property and the stack shall not be closer than 30 feet to any neighboring dwelling. The effluent from such stack shall comply with the performance standards of this title. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(22)).

19.58.225 Off-site advertising signs.

Repealed by Ord. 2924 § 3, 2003. (Ord. 2296 § 7, 1989).

19.58.230 Parking lots and public garages.

Parking lots and public garages shall be permitted only where:

A. They are clearly required by public convenience and necessity;

B. They do not break up continuity of retail store frontage for pedestrians;

C. They will not be a nuisance to residences or other surrounding uses;

D. They will not cause traffic hazards or undue traffic congestion;

E. They conform architecturally to the surrounding area;

F. Street trees are provided. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901 (B)(23)).

19.58.240 Poultry farm.

(See definition in CVMC 19.04.184).

A. Any building housing over 10 chickens or other poultry shall be distant not less than 100 feet from every lot line.

B. The proponent shall show that odor, dust, noise or drainage shall not constitute a nuisance or hazard to adjoining property or uses. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(24)).

19.58.244 Professional offices in the R-1, R-2 and R-3 zones.

It is the intent of this section to allow for limited professional offices on certain lots with existing buildings in the R-1 and R-3 zones, when the Zoning Administrator approves a conditional use permit therefor by applying the following guidelines:

A. The lot should contain at least 12,500 square feet of level, developable land;

B. The lot is developed with a house or other structure which has been designated a historic site or has been recognized as having historic importance and has been entered into the historic register, as provided in Chapter 2.68 CVMC;

C. The lot is within 300 feet of a thoroughfare or a heavily traveled collector road;

D. The use proposed on the lot is limited in scope so as not to generate substantial vehicular traffic on residential streets;

E. Physical changes to the structure or structures and landscaping which are not in keeping with the basic design and character of the property are prohibited. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1822 § 3, 1978).

19.58.245 Ambulance services.

Ambulance services may be located in any zone. Ambulance services can be incorporated into a hospital complex or other governmental facility. When approving a conditional use permit for ambulance services in a residential zone that is not part of a hospital complex and not located in a federal, state or local government facility, the Zoning Administrator shall incorporate the following conditions:

A. The service must be limited to the staging and dispatching of one ambulance from a residential structure or unit.

B. At least three dedicated parking spaces for an ambulance and two employees are required. The parking spaces shall be on-site and meet City standards for size, paving, access and screening.

C. Except for shift changes and periodic inspections by managers, no more than three employees shall be on-site at any given time.

D. Any other requirements the Zoning Administrator deems appropriate to minimize impacts on the residential neighborhood.

Fleet maintenance or the storing of multiple ambulances shall not be allowed in a residential zone, even if the use is part of a hospital complex or located at a government facility. Vehicles that are on-call shall not be considered “stored.” (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2958 § 3, 2004).

19.58.260 Repair of vehicles.

A. Repair, except as stated in subsection (B) of this section, of motorcycles, motor trucks and motor vehicles, as defined in the Vehicle Code of the state of California, as well as boats, campers, and trailers, is prohibited in any residential zone unless all of the following conditions are met:

1. Repair (except as stated in subsection (B) of this section) of vehicles, boats, campers and trailers shall be conducted within a garage or carport or behind a solid fence, gate or wall not less than six feet in height;

2. No repair of vehicles, boats, campers and trailers shall be conducted as a business;

3. No repair of vehicles, boats, campers and trailers shall take place between the hours of 10:00 p.m. and 8:00 a.m.

B. Nothing in this section is intended to prohibit the making of minor repairs, such as tire changing or repair, replacement of spark plugs and minor engine adjustments or repair, lubrication, battery and brake adjustments or repair by an owner on the vehicle on said owner’s lot, where said vehicle may be legally parked as determined by other sections of this code.

C. Storage of Inoperable Vehicles.

1. No more than one vehicle or one boat, or one camper, or one trailer shall be in a state of disrepair or in an inoperable condition at any one time on any lot.

2. No vehicle in a state of disrepair or in an inoperable condition may be located outside of a garage or carport or solid fence, gate or wall not less than six feet in height for a period of more than 72 hours.

3. No parts of a vehicle, boat, camper or trailer shall be located outside of a garage, carport or solid fence, gate or wall not less than six feet in height for a period of more than 72 hours. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2308 § 1, 1989; Ord. 2176 § 5, 1986; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901 (B)(26)).

19.58.270 Retail sales for guests only.

Community buildings, private clubs, lodges and social or recreational establishments may engage in retail sales for guests only; provided, that:

A. There shall be no external evidence of any commercial activity, nor any access to any space used for commercial activity other than from within the building;

B. There shall be no harm to adjacent existing or potential residential development due to excessive traffic generation or noise or other circumstances. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(27)).

19.58.280 Service stations.

Service stations are subject to the following requirements and conditions:

A. They are clearly required by public convenience;

B. They will not cause traffic hazards or undue congestion;

C. They should be located only on property abutting the intersection of major or collector streets or combination thereof, or within shopping centers as part of an approved site plan; except, that they shall be limited to the periphery of the central business area. They may be located on an interior lot if they do not disrupt the continuity of retail store frontage for pedestrians;

D. They will not be a nuisance to residences or other surrounding uses;

E. The site shall be landscaped in accordance with the landscape manual of the City; except, that a six-foot minimum planter area in front of the pump islands and not closer than three feet to any driveway shall be required. The pump islands shall be located no closer than 12 feet from the planter;

F. Architectural and site plan approval subject to the conditions of CVMC 19.14.420 through 19.14.480 shall be obtained;

Note: Where a service station is a secondary land use, i.e., accessory to another principal use and consisting of no more than a single pump island with no more than three fuel pumps, the following provisions shall not apply:

G. Outside sales and display may be allowed in an area beneath a canopy when specifically approved as part of an approved site plan. Structures used to display merchandise shall be designed to be architecturally compatible with the main building. In no case shall a display area interfere with vehicular circulation or obscure required landscaped areas. Accessory uses may also be stored outside subject to the conditions herein;

H. Accessory outdoor uses, other than parking and service lanes, shall also be allowed but shall not occupy more than 10 percent of the area of the site. Such accessory uses may include rental, utility or travel trailers, but not more than six such trailers shall be permitted on the lot at any one time and shall be screened from the street or highway. Under no circumstances shall any use be located in such a way that would interfere with normal traffic flow onto, within or from the site, or which creates dangerous impediments to traffic visibility. Only those areas shown on the approved site plan will be allowed for parking or storage;

I. All items offered for sale on the site shall be items normally incidental to service station business except accessory uses as provided herein. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2162 § 1, 1986; Ord. 1436 § 2, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(28)).

19.58.290 Shooting clubs.

An outdoor shooting club shall be located not less than one-half mile from any developed residential, commercial or industrial area, or place of public assembly. A conditional use permit for an indoor or outdoor shooting club may be granted to be in force for one year only, after which a certificate may be resumed for a period of one year at the expiration of each temporary certificate, provided the above requirements can continue to be met. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(29)).

19.58.310 Stables and corrals.

A. The minimum lot area upon which one or two horses may be kept is 20,000 square feet. One additional horse may be kept for each 20,000 square feet over the minimum lot area of 20,000 square feet.

B. The horse(s) must be maintained within an enclosure.

C. A distance of 100 feet shall be maintained from the enclosure to any neighbor’s residence, school, church, or any other building, excluding the owner’s, used for human habitation.

D. A distance of 25 feet shall be maintained from the owner’s residence to the enclosure.

E. The horse enclosure must maintain all existing setbacks as stated in the applicable zone.

F. Stables and corrals shall be located on the rear portion of the lot behind the residence.

G. Any horse(s) presently being maintained in conformity with the regulations of either the City of Chula Vista or the county of San Diego on the effective date of the ordinance codified in this title as applied to the property where said horses are being maintained may continue to be so maintained in accordance with said rules. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1364 § 1, 1971; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(31)).

19.58.320 Tract office, temporary.

Within the boundaries of a subdivision where lots are offered for sale to the public for the first time, buildings and structures erected in compliance with the provisions of the prevailing zone may be used as follows:

A. One building for a temporary real estate sales office, and not more than six dwellings for temporary demonstration or model home purposes, may be provided. In addition, a subdivision containing more than 60 lots may use up to 10 such lots for model home purposes. Such temporary uses shall be made only in conjunction with the sale or rental of land or buildings within such subdivisions, and such use or uses shall terminate two years after the filing in the office of the county recorder of the final subdivision map thereon, or 60 days after the sale of the last house, whichever comes first. After the time limit has expired, all commercial activity shall cease and the temporary office building, if any, shall be converted to a conforming use or removed at the owner’s expense. At the termination of such office use, all necessary alterations to convert the temporary office to residential use or removal of said building shall be made.

B. If alterations are needed in the initial conversion from a house to a temporary office, the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to assure said work will be completed. Upon a recommendation from the Director of Planning and Building or his authorized deputy, he shall approve or reject the final alteration work.

C. The Zoning Administrator shall determine the need for off-street parking, based on the location of model homes in relationship to adjoining subdivisions, the size of the subdivision, the character of the street, and the expected duration of model home area use. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(32)).

19.58.330 Trailers.

(See definition in CVMC 19.04.298.)

A. It is unlawful to use a camping trailer, motor home, camper, or travel trailer for living or sleeping purposes except when parked within a licensed recreational vehicle park or mobilehome park, as provided elsewhere in this title, or when used on a temporary basis not to exceed a period of seven days by guests or visitors of residents of the City and said vehicle is parked upon the property of the resident.

B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone; except, that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobilehomes, motor homes, campers or travel trailers for watchmen, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director of Planning and Building of the City after an application, in writing, is submitted by the general contractor specifying:

1. The number and type of such vehicles;

2. The reasons their presence is necessary at the site at times other than normal work hours;

3. The period for which the permit is sought;

4. The vehicles for which a permit was issued shall be removed from the premises 10 days after final inspection.

C. Commercial coach units may be utilized for a maximum of 25 percent of the total industrial and/or commercial floor area available to a particular use; provided, that if visible from a public street or from adjoining properties, the coach units shall be made architecturally compatible with and complementary to the balance of the structures on the same and adjacent sites.

D. Commercial coach units may be utilized as temporary building space in conjunction with public or quasi-public uses located in residential zones, and in conjunction with public, quasi-public, and private uses, such as banks, insurance offices, savings and loan institutions, public utility offices, and similar public-service-based uses in commercial and industrial zones; provided, that a conditional use permit is procured for each commercial coach so utilized. All conditional use permits granted for the utilization of commercial coaches as temporary building space shall be limited to a period of not more than two years; provided, however, that the permittee may apply to the Zoning Administrator for an extension of time, which the Zoning Administrator may grant for a maximum of one additional year.

E. A mobilehome, certified under the National Mobile Home Construction and Safety Standards Act of 1974 (USC Section 5401, et seq.), may be placed on a permanent foundation on a private lot in the A and R-1 zones and on lots designated for single-family detached dwelling units in the P-C zone; provided, that:

1. It may be occupied only as a residential use;

2. All development standards of the underlying zone pertaining to conventional single-family development are complied with; and

3. The foundation is in compliance with all applicable building regulations. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1941 § 1, 1981; Ord. 1711 § 2, 1976; Ord. 1518 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(33)).

19.58.340 Recycling and solid waste storage.

A. All subdivisions or any new construction requiring a building permit and costing more than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and convenient areas dedicated for the accumulation, temporary storage and removal of designated recyclables and solid waste. These recycling and solid waste areas shall be enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the Director of Planning to adequately screen the area, built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted) and shall be designed to accommodate the containers used by the recycling and solid waste service company contracted with the City. A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by the Development Services Director.

B. A recycling and solid waste plan shall be submitted by the applicants of any qualifying project. Said plan shall be reviewed and approved by the City Manager or his/her designee. A plan must comply with City and state solid waste and recycling regulations/standards before it can be approved. Building permits may not be issued until the plan is approved.

C. A recycling and solid waste planning manual setting forth recycling and solid waste space allocation regulations, design standards, and guidelines shall be drafted by the City Manager and adopted by the City Council.

D. The precise location of any recycling and solid waste area shall be approved by the Director of Planning upon review of the site plan. Recycling and solid waste areas shall be accessible and convenient to both the occupants and franchise hauler and shall only be used for the temporary storage, collection and loading of solid waste and recyclables.

E. Recycling and solid waste enclosures shall be permanently maintained; recycling and solid waste areas shall be kept neat and clean; and approved recycling and solid waste plans shall be adhered to and followed. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2993 § 1, 2005; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(34)).

19.58.345 Recycling collection centers.

Recycling collection centers may be permitted within any commercial or industrial zone which is also located within a convenience zone identified by the state of California Department of Resources, under the provisions of the California Beverage Container Recycling and Litter Reduction Act of 1986. Establishment of such centers shall comply with the following:

A. Reverse vending machines with a combined area of no more than 150 square feet and a height of no more than eight feet total may be permitted as an accessory use subject to site plan approval by the Planning Department. Reverse vending machines which are placed within an enclosed building occupied by the primary use do not require approval of a site plan.

B. Small collection facilities occupying an area of no more than 300 square feet may be permitted as an accessory use subject to approval of a conditional use permit granted by the Zoning Administrator pursuant to CVMC 19.14.030(A).

C. Large recycling collection centers with a combined area of over 300 square feet, but not exceeding the floor area equivalent of a 30-person occupancy load, may be permitted as an accessory or primary use subject to the approval of a conditional use permit granted by the Zoning Administrator pursuant to CVMC 19.14.040, and with approval of an application for site plan and architectural review by the Planning Commission.

D. The premises of all recycling collection centers shall be kept free of all litter and debris, and all recyclable articles removed prior to any storage container reaching capacity. Approval of a site plan or conditional use permit may be revoked by the permitting authority upon presentation of evidence that a recycling collection center is not maintained in a safe and sanitary manner.

E. Recycling collection centers shall be developed and operated in accordance with the design standards for recycling centers adopted by City Council policy.

F. The regulations set forth in this section shall also apply to recycling collection facilities in existence prior to adoption of the ordinance codified in this chapter. Existing facilities shall have 60 days from the date of adoption to obtain required discretionary permits. (Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2252 § 1, 1988; Ord. 2233 § 1, 1987).

19.58.350 Commercially zoned double frontage lots.

Any commercially zoned parcel which has double frontage, one such frontage being on a local street, across which street is residentially zoned land, shall observe the following regulations:

A. Vehicular access to the local street shall be discouraged and permitted only upon Planning Commission approval.

B. A six-foot-high decorative masonry wall shall be constructed across the entire width of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise designated by the Zoning Administrator. The design of the wall shall be uniform throughout the area in which located, and such design shall be subject to the approval of the Director of Planning.

C. The area between the wall and the edge of the sidewalk shall be permanently landscaped. Such landscaped area shall be provided with an automatic irrigation system and shall be permanently maintained and kept free of debris. A landscape plan shall be submitted to the Development Services Director for approval prior to any planting.

D. The wall and landscaping shall be provided prior to the final building inspection of any improvements to be constructed on the premises.

E. If any dwelling units which face the local street exist on such parcel, the dwelling units shall be removed prior to the new commercial development or enlarging of existing commercial development, unless such dwellings are converted for commercial purposes (this situation does not negate the other provisions of this section).

F. If new or enlarged commercial development occurs adjacent to the existing dwelling units which face a local street, a fence separating the property shall also be constructed on the side lot line, the length of such fence to be determined by the Development Services Director. Such a fence may be of wood construction. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(35)).

19.58.360 Zoning wall or fence.

A six-foot-high minimum solid masonry wall subject to the provisions of CVMC 19.58.150 shall be erected along the property line or zoning boundary to separate any C or I zones and/or uses from adjacent residential zones. A six-foot-high maximum solid fence shall be erected along the property line or zoning boundary to separate multiple-family zones and/or uses from abutting single-family residential zones or areas. Said wall or fence may be waived by the Zoning Administrator if it is found that the adjacent areas would be sufficiently screened and protected without said wall or fence. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(36)).

19.58.370 Outside sales and display – Permanent and temporary.

A. Permanent. The permanent outside sales and display of merchandise, including vending machines of all types and coin-operated amusements, shall be permitted only when included as part of an approved site plan subject to the conditions herein. Service stations are subject to the provisions of CVMC 19.58.280.

1. The following items shall be considered for outside display:

a. Vending machines of all types;

b. Coin-operated amusements, excluding games such as pinball machines;

c. Vehicles of all types, including boats;

d. Magazines, newspapers and books;

e. Flowers, including artificial;

f. Art displays;

g. Plants;

h. Model storage buildings, patios and additions;

i. Any other item which is determined by the Planning Commission to be of the same general character;

j. Any other item specifically approved by the Planning Commission to be displayed in an area specifically designed for said merchandise.

2. Conditions.

a. Vending machines and coin-operated amusements shall whenever possible be within an enclosed area or structure specifically designed to accommodate said items;

b. The outside display shall not interfere with pedestrian or vehicular circulation;

c. Model storage buildings, patios and additions shall not be located in any area facing a major or collector street, or at the main entrance to the building;

d. Plants shall be the only items in a plant nursery visible from the street;

e. No outside display shall be of such size or quantity as to alter the architectural appearance of the building;

f. A 10-foot landscaped area shall be provided between vehicle display areas and the street. Any item not located within a building or solid enclosure shall be deemed to be outside display and subject to the conditions herein.

3. The following merchandise shall be expressly prohibited from outside display:

a. Furniture;

b. Clothing;

c. Appliances;

d. Play equipment;

e. Dry goods;

f. Soil additives;

g. Tires, excluding service station as provided herein;

h. Used goods, except as provided herein.

B. Temporary. Temporary outside sales and display of merchandise for a period of 24 days in any calendar year, but not exceeding seven consecutive days, may be permitted upon approval of a temporary outside sales permit by the Director of Development Services. Not more than six permits a year shall be issued to any one business or shopping complex. Notwithstanding the foregoing, the Director of Development Services shall allow temporary holiday sales (e.g., Christmas tree and pumpkin patch lots) to exceed seven consecutive days; provided, that all other requirements of this section are met. Each such permit shall be accompanied by the required filing fee(s) established by the master fee schedule.

Applications shall be submitted a minimum of 15 business days prior to the requested commencement date. The applicant shall submit a completed application and two site plans showing the location of the proposed outside sales or promotional display area. The plan shall include sufficient information to ensure that the display and sales will be conducted in a safe and proper manner and will not obstruct traffic or cause a hazardous condition based on the standards adopted by the City. The permit shall designate the commencement and termination dates.

1. Other Required Conditions.

a. There shall be a minimum of 30 days between the commencement dates when multiple events are requested.

b. Temporary outside sales are prohibited in residential, C-O, C-N and C-V zones.

c. The sales area shall maintain a 25-foot setback from the street when within an area designated for parking. Promotional items shall not be located in the front setback.

d. The sales area may utilize a portion of required parking to a maximum of 20 percent.

e. The sales area shall not interfere with the internal circulation of the site.

f. Pennants may be used only for safety and precautionary purposes.

g. The sales area shall be kept in a neat and well-kept manner at all times.

h. Temporary promotional signs shall be regulated by CVMC 19.60.500(C).

i. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display; provided, that all other requirements of this section are met, the Director of Development Services shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots). (Ord. 3256 § 1 (Exh. A), 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(37)).

19.58.380 Special events.

Repealed by Ord. 3256 § 1 (Exh. A), 2013. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1436 § 3, 1973; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(38)).

19.58.390 Senior housing development.

Pursuant to CVMC 19.54.020, housing developments for seniors, as defined in CVMC 19.04.201, may be allowed in any zone except the R-1, R-2, C-V, C-T and industrial zones. Because the residents of such development have dwelling characteristics which differ from those of families and younger persons, it is not appropriate to apply all of the normal zoning standards thereto. Accordingly, pursuant to the processing of a conditional use permit for such developments, as required by CVMC 19.54.020(P), the Planning Commission may make exceptions to the density, off-street parking, minimum unit size, open space, and such other requirements as may be appropriate. The Planning Commission may also adjust required setbacks, building height, and yard areas as appropriate to provide an adequate living environment both within the development and on nearby properties. Any exceptions and adjustments shall be subject to the condition that the development will be available for occupancy by seniors only. (Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1878 § 3, 1979).

19.58.400 Recreational vehicle storage yards.

An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Development Services Director.

The approval of an RV storage yard judged by the Planning Commission to represent an interim use of land based upon zoning, development patterns, and/or pending plans in the area shall be subject to a review and report filed each year by the owner with the City Zoning Administrator. Failure to file the report or abide by the conditions of approval shall cause the matter to be set for a rehearing before the Planning Commission to consider revocation of the permit or other appropriate corrective action. Permits for interim RV storage yards shall be granted for a maximum period of five years with extensions subject to rehearing before the Planning Commission. (Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2169 § 2, 1986).

19.58.410 Prohibition of flashing lights.

Lights in view of any public street of adjoining properties used to convey the effect of movement are prohibited. Intermittent or variable intensity lights or flashing lights are prohibited, with the exception of holiday lights during the month of December. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2353 § 1, 1990).

19.58.420 Water distribution facilities.

Water distribution facilities shall be limited by permit in their scope of activities and operations to a level commensurate with the nature and character of the surrounding area. Permits shall be further limited to a duration of six months, subject to Zoning Administrator extension of not to exceed one additional year, in six-month increments, as necessary to meet a continuing water state of emergency. Permits shall be expressly conditioned to expire automatically upon the effective date that the metropolitan water district declares that the drought severity falls below Stage VI of its incremental interruption and conservation plan. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2449 § 2, 1991).

19.58.430 Liquor stores in the C-N zone.

Establishments that include the sale of alcoholic beverages for off-site use or consumption may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through 19.14.090 upon giving notice thereof in accordance with 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 and must be filed within 10 business days after the decision is made, as provided in CVMC 19.14.100. If appealed within the time limit, said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must make the same written findings required of the Zoning Administrator herein in order to grant the permit. (Ord. 3153 § 2 (Exh. A), 2010).

19.58.440 Mobile food facilities.

A. Purpose. Mobile food facilities benefit the community by providing gourmet and fast food services to City residents, workers and visitors. They also provide an entrepreneurial opportunity for small businesses to operate in the City, and for brick-and-mortar restaurants to operate in different locations or markets. When operated at the invitation of a brewery or retail center, mobile food facilities draw customers that benefit these businesses. Similarly, when operated as part of a permitted special event, mobile food facilities draw customers that benefit the special event.

The City needs to protect the public by ensuring mobile food facilities are operated in a safe manner and do not create nuisances or hazards. Reasonable regulations are necessary to ensure that mobile food facilities are operated in accordance with health, safety and traffic laws of the state and the parking ordinances of the City; do not cause public safety problems by contributing to traffic congestion or by creating pedestrian and vehicular conflicts; and do not disturb the quiet use and peaceful enjoyment of residential neighborhoods. The regulations in this section are enacted in accordance with the authority granted in Section 22455 of the California Vehicle Code and California Health and Safety Code Section 114315 et seq. (the “California Retail Food Code”), as each may be amended.

B. Definitions.

1. “Authorizing Person” means a property owner, host, tenant, lessor, or manager of real property, or an agent thereof, who is responsible for authorizing location of a mobile food facility on the property.

2. “Hosting Permit” means a permit authorizing an Authorizing Person to host a mobile food facility on their premises.

3. “Mobile food facility” means a large vehicle equipped to cook and sell food as a mobile kitchen, and as defined in California Health and Safety Code Section 113831, as may be amended, and also means a vehicle that operates as a food facility from which food is sold or distributed at retail.

a. “Mobile food facility” does not include a “transporter” used to transport packaged food from a facility, or other approved source, to the consumer.

b. “Mobile food facility” does not include ice cream trucks that sell pre-made, prepared, or prepackaged products, or unprepared food vending vehicles, which are defined in CVMC 8.20.010, or vehicles that deliver prepared food to subscribers.

4. “Responsible Party” is defined in CVMC 1.04.010, and, for purposes of this section, also includes Authorizing Persons and Vendors.

5. The terms “street,” “highway,” and “vehicle” have the same definition as in the California Vehicle Code, as may be amended.

6. “Trailer” means an unpowered vehicle towed by another vehicle.

7. “Vending Permit” means a permit allowing a Vendor to operate a mobile food facility on private and public property, and in the public right-of-way.

8. “Vendor” means a person who owns, leases, manages or vends from a mobile food facility.

C. Mobile Food Facilities – License Tax Required. Every person conducting, managing or operating a mobile food facility shall pay a tax as presently designated, or as may be amended in the future, pursuant to Master Tax Schedule Section CVMC 5.07.030. The license obtained by payment of the license tax shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times.

D. Mobile Food Facilities on Private, Public, and City Property. Mobile food facilities may operate on nonresidential and residential private property with prior written consent of an Authorizing Person. Mobile food facilities may operate on City property with the prior written consent of the City Manager or designee, and may also operate on public streets and highways. All mobile food facilities, regardless of vending location, are subject to the Vending Permit requirements and the regulations set forth herein, as well as other applicable provisions of the municipal code, California law and federal law.

1. Mobile food facilities may operate as an accessory or ancillary use in all agricultural, mixed use, commercial and industrial zones, and similar zones for all sectional planning area (SPA) plans and specific plans upon issuance of a Vending Permit by the City Manager or designee, except where prohibited in this municipal code.

2. Mobile food facilities may operate at multiple nonresidential sites with a valid annual Vending Permit for each site, and written permission by an Authorizing Person representing property or business ownership, in possession of a Hosting Permit, where the mobile food facility operates.

3. Mobile food facilities may not operate in residential zones, except:

a. Pursuant to a block party permit issued by the City; or

b. When an Authorizing Person has invited a mobile food facility onto the premises of a college, school, religious institution, construction site, or other private property in a residential zone, when providing food service to patrons on such premises exclusively.

4. Mobile food facilities are prohibited from vending on vacant lots or gas service stations, and shall not be the primary use on any lot.

E. Private Catering. Mobile food facilities may operate as a private food and beverage caterer with a Vending Permit under the following conditions:

1. The mobile food facility shall be parked entirely on private property.

2. Service shall be limited to guests of the event host; no walk-up customers are permitted.

3. Payment transactions shall occur between the event host and the Vendor only.

F. Hosting Permit Requirements.

1. An Authorizing Person wanting to host mobile food facilities on their property shall obtain an annual Hosting Permit prior to allowing mobile food facility Vendors on their premises.

2. Payment of a fee is required for an annual Hosting Permit. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program.

G. Vending Permit Requirements.

1. All mobile food facility Vendors shall obtain an annual Vending Permit before offering food or beverages for sale at each location in the City.

2. Payment of a fee is required for an annual Vending Permit. The permit fee shall be as set forth in the Master Fee Schedule of the City adopted by resolution by the City Council. The City Manager shall from time to time recommend such fees to the City Council that reflect an amount to equal but not to exceed the reasonable costs of administration of the program.

3. The following shall be submitted with each application for a mobile food facility Vending Permit and when a Vending Permit is issued, the Vendor shall maintain the following during the permit year, and shall present the Vending Permit and any of the following, upon request, to a police officer, code enforcement officer, or any other person designated by the City to enforce this section:

a. A business tax certificate (license) to operate in Chula Vista; a separate business license is required for each mobile food facility.

b. A valid driver’s license for each mobile food facility driver.

c. Proof of commercial vehicle insurance for each mobile food facility.

d. A commissary agreement for each mobile food facility to park, clean, and obtain supplies from a commissary that provides these services; except trailers.

e. A health permit issued by the San Diego County Department of Environmental Health for each mobile food facility.

f. When vending on nonresidential private property either pursuant to a special event permit or a Vending Permit, a written agreement with an Authorizing Person authorizing the Vendor to operate a mobile food facility on the property, including days and hours of operation.

g. When vending on private property for more than a one-hour period, a written agreement with an Authorizing Person authorizing mobile food facility employees to use toilet and handwashing facilities on site; portable toilets and portable handwashing do not satisfy this requirement.

h. When vending on public property or City property, an agreement to indemnify and hold harmless the City, on a form provided by the City, and a certificate of insurance naming the City of Chula Vista as an additional insured in an amount and manner determined by City at City’s sole discretion.

4. A Vending Permit is nontransferable.

H. Mobile Food Facility Regulations. Vendors and Authorizing Persons are required to ensure that all mobile food facilities comply with the following regulations:

1. Only food and beverages regulated by the California Retail Food Code shall be offered for sale or distribution.

2. Litter generated by the mobile food facility Vendor or customers shall be picked up within a 25-foot radius of the mobile food facility before the mobile food facility leaves the vending location.

3. A trash receptacle and a separate recycling receptacle shall be provided for use by employees and customers; the Vendor shall remove trash and recycling receptacles before leaving the vending site.

4. Advertising shall be limited to A-frames entirely on the premises only, or advertising on or in the mobile food facility.

5. Lighting shall be provided during hours of darkness to ensure customer safety. Lighting shall not create glare and shall be directed downward and away from adjacent properties.

6. A mobile food facility shall be operated only on a paved level area. A paved level area means an area having a surface comprised of decomposed granite (DG), asphalt/concrete (A/C), or concrete with a cross fall not greater than 2.0 percent.

7. The Vending Permit shall be displayed in a place on the mobile food facility visible from outside.

8. Mobile food facilities shall be entirely self-sufficient in regards to gas, electricity, water and telecommunications.

9. All other applicable provisions of the municipal code and state and federal laws that regulate mobile food facilities and commercial vehicle operations on public or private property and all traffic, parking and motor vehicle laws shall be followed.

I. Mobile Food Facility Prohibitions. Vendors and Authorizing Persons are required to ensure that all mobile food facilities, except for mobile food facilities operating as part of a special event for which a special event permit has been issued by the City, shall comply with the following prohibitions:

1. No alcoholic beverages or tobacco products shall be served or sold.

2. Music or other noise shall not exceed the limits set by the provisions of Chapter 19.68 CVMC, Performance Standards and Noise Control.

3. All associated equipment and operations shall be self-contained within mobile food facilities. A condiment table and four belly bars of uniform size, eight chairs, and one 10-foot-by-10-foot pop-up canopy are allowed adjacent to the mobile food facility. The following items, which shall include, but not be limited to: detached benches; heaters; generators; and exterior electrical cords; exterior hoses and tents; are prohibited.

4. An awning that does not exceed the square footage of the mobile food facility and that is attached, and fully supported by the mobile food facility, is allowed. Such awnings shall not be tied to traffic signals, light standards, sign poles, parking meters, newspaper racks, bus stops, benches, trash receptacles or other similar fixed objects.

5. When a mobile food facility is located within 500 feet of a residential zone, operations, including set up and tear down, are allowed only between 7:00 a.m. and 10:00 p.m. weekdays and between 8:00 a.m. and 10:00 p.m. weekends.

6. A mobile food facility shall not be parked so that it: (a) restricts sight distances at driveways and intersections; or (b) interferes with the free flow of pedestrian or vehicle circulation and traffic, including but not limited to access to or egress from any business, public building, or dwelling unit.

7. A mobile food facility may not be operated in such a way as to occupy more than 25 percent of paved area on the property upon which it is located.

8. The maximum number of mobile food facilities permitted on a site is determined as follows:

a. One mobile food facility may operate on the site for every 525 square feet of paved area (at least 35 feet by 15 feet in dimension) available for vending activity, except that mobile food facilities greater than 30 feet in length require a space at least 70 feet by 15 feet.

b. Mobile food facility vending activity at a private parking lot shall not impact on-site parking or reduce the number of parking spaces required for on-site uses while those uses are in operation.

9. Mobile food facilities shall not be located within 30 feet of an intersection when parked on a street or highway, sales shall be from the curbside only – except when parked in diagonal spaces – and pedestrian or vehicular circulation on the street, sidewalk, or parkway shall not be obstructed.

10. No person shall stop or park a mobile food facility on a public street within 500 feet of any school property boundary in the City of Chula Vista between the hours of 7:00 a.m. and 5:00 p.m. on regular school days. For purposes of this provision, “school” means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades.

J. Exceptions to Mobile Food Facility Prohibitions. The prohibitions in subsection (I)(3) of this section shall not apply to a mobile food facility operating entirely on private property that is not open to the general public, is closed to walk-up sales to the general public, and is available for sales or service only to guests, customers or employees and is operating pursuant to a special event permit.

K. Vending Permit Issuance. The City Manager or designee shall approve and issue a Vending Permit if all applicable sections of this chapter are satisfied and required fees are paid. The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license, whichever comes first. A permit shall not be issued for a location where an enforcement action for code violations or unlawful activity is pending.

L. Hosting Permit Issuance. The City Manager or designee shall approve and issue a Hosting Permit if all applicable sections of this chapter are satisfied and required fees are paid. The permit is effective on the date of issuance, and is effective for one year or until the expiration of a valid business license, whichever comes first. A permit shall not be issued for a location where an enforcement action for code violations or unlawful activity is pending.

M. Enforcement of Violations – Appeal of Vending Permit Denial or Revocation. Violation of any provision of this chapter is subject to enforcement pursuant to the provisions of Chapters 1.20 through 1.41 CVMC. For purposes of enforcement of this section, a Responsible Party, as defined in CVMC 1.04.010, also includes Vendors and Authorizing Persons. Denial or revocation of a Vending Permit may be appealed pursuant to Chapter 1.40 CVMC. If a Vendor or Authorized Person is cited for three violations within one year, no Vending Permit or Hosting Permit shall be granted the following year. The Vendor or Authorizing Person may apply for a permit two years after the last violation. (Ord. 3432 § 1, 2018).


1

Ord. 3423 adds this section as 19.58.022(a). It has been editorially renumbered for clarity.