Chula Vista City Zoning Code
19.22 R-E
Residential Estates Zone
19.22.010 Purpose.
The purpose of the R-E zone is to promote and preserve an open, rural environment on large parcels of land. The R-E zone is designed to accommodate suburban single-family homes and compatible agricultural uses with requirements for the community services and facilities appurtenant thereto. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.502(A)).
19.22.020 Permitted uses.
Principal permitted uses in the R-E zone include:
A. One single-family detached dwelling on each lot or parcel;
C. Notwithstanding subsection (A) of this section, two-unit residential developments pursuant to CVMC 19.58.450;
D. Small and large family day care homes. (Ord. 3544 § 6, 2023; Ord. 3519 § 3, 2022; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.502(B)).
19.22.030 Accessory uses and buildings.
Accessory uses and buildings customarily incidental to any of the above uses shall be permitted in the R-E zone subject to the regulations herein:
A. Guest houses (see CVMC 19.04.002 for definition of “guest house”), subject to the provisions of CVMC 19.58.020(D), and not rented or otherwise conducted as a business;
B. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490;
C. Private stables and corrals, subject to the provisions of CVMC 19.58.310;
D. Full-time foster homes, as defined in CVMC 19.04.002;
E. Temporary tract offices and tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.600(E)(2);
F. A satellite dish antenna may be located in a residential district when it complies with the following conditions:
1. It is ground-mounted;
2. It is not located in a front yard or exterior side yard, said yard to be measured from any portion of the building to the front or exterior side property line;
3. It complies with setback requirements of the underlying zone for accessory structures;
4. It does not exceed 12 feet in height above existing grade;
5. It shall be located on lots where at least a five-foot-high solid wall or fence is installed between the dish antenna and adjacent properties;
6. It shall be adequately screened from any adjacent residential zone, right-of-way, or private street easements, at horizontal grade level to the satisfaction of the Zoning Administrator;
7. It shall not be located in the H – hillside modifying district;
8. Only one satellite dish antenna shall be permitted per lot;
9. Satellite dish antennas with diameters measuring less than one meter may be installed in a manner consistent with typical television antennas;
10. Satellite dish antennas shall be used for private, noncommercial purposes;
11. All satellite dish antennas, in any zone constructed and erected prior to the effective date of the ordinance codified herein, which do not conform to the requirements of the provisions of this title for the particular zones in which they are located, shall be accepted as nonconforming antennas for a period of three years, to expire February 14, 1989. Thereafter, the satellite dish antennas shall be subject to immediate abatement via removal or through modification or relocation to comply with the standards of this section;
12. A building permit shall be required;
13. Replacement of an existing nonconforming antenna with another satellite dish antenna, or removal of a nonconforming antenna for a period longer than 60 days, shall constitute abandonment of the nonconforming antenna, and is subject thereafter to the standards of this section;
G. Accessory dwelling units, subject to the provisions of CVMC 19.58.022;
H. Residential-level electrical generating facilities, as defined in subsection (5) of the definition “electrical generating facilities” in CVMC 19.04.002. The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. (Ord. 3544 § 6, 2023; Ord. 3423 § 4, 2018; Ord. 3279 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2897 § 3, 2003; Ord. 2269 § 3, 1988; Ord. 2160 § 1, 1986; Ord. 2145 § 2, 1986; Ord. 2138 § 1, 1986; Ord. 2124 § 4, 1985; Ord. 2111 § 2, 1985; Ord. 2108 § 1, 1985; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(C)).
19.22.040 Conditional uses.
The following uses shall be permitted in the R-E zone; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090:
A. Public and private noncommercial recreation areas and facilities, such as country clubs and swimming pools (for additional provisions, see CVMC 19.58.100 and 19.58.270);
B. Dwelling groups, subject to the provisions of CVMC 19.58.130.
The following uses shall be permitted in the R-E zone; provided, a conditional use permit is issued by the Planning Commission, or for unclassified uses as defined in CVMC 19.54.020:
C. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140;
D. Unclassified uses, see Chapter 19.54 CVMC. (Ord. 3544 § 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2269 § 4, 1988; Ord. 2111 § 3, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(D)).
19.22.050 Sign regulations.
Repealed by Ord. 2924 § 3, 2003. (Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(E)).
19.22.060 Height regulations.
Principal buildings may not exceed two and one-half stories or 28 feet in height. However, an increase in building height may be allowed subject to approval of a conditional use permit. No accessory building shall exceed one and one-half stories or 15 feet in height except as provided in CVMC 19.16.040 and 19.58.022. The height of a residential structure is measured from the highest point of the roof line to finished grade. (Ord. 3503 § 2, 2021; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2144 § 2, 1986; Ord. 1212 § 1, 1969; prior code § 33.502(F)).
19.22.070 Area, lot width and yard requirements.
Area, lot width, and yard requirements in the R-E zone shall be as follows (see CVMC 19.16.020, 19.16.050, 19.16.060 and 19.16.080 for exceptions and modifications):
A. All buildings, including accessory buildings and structures, in the residential estates zone shall not cover more than 40 percent of the lot;
B. The following minimum requirements shall be observed, except as modified for conditional uses. The minimum lot area required shall be designated on the zoning map:
Setbacks in Feet | |||||||
|---|---|---|---|---|---|---|---|
Classification | Minimum Lot Area (sq. ft.) | Minimum Lot Width (ft.) | Front | Exterior Side Yard | One Side Yard | Both Side Yards | Rear |
R-E 4A | 4 acres | 200 | 25* | 20* | 15 | 30 | 25 |
R-E 2A | 2 acres | 200 | 25* | 20* | 15 | 30 | 25 |
R-E 40 | 40,000 | 150 | 25* | 20* | 15 | 30 | 25 |
R-E | 20,000 | 100 | 25* | 15* | 10 | 20 | 25 |
*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district. | |||||||
(Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(G)).
19.22.080 Minimum lot frontage.
Every lot in the R-E zone shall have a minimum frontage upon a dedicated street of 100 feet, unless such lot fronts upon an approved easement or private road as provided in this chapter (see CVMC 19.22.150) or unless such lot has been approved by the Planning Commission or City Council pursuant to the provisions of this code or any ordinance which may hereafter be enacted providing for the subdivision of land or the dedication of public streets. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1868 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(H)(1)).
19.22.090 Minimum lot area – Reduction permitted when.
In the R-E zone, if the overall net density of lots per acre meets the requirements of the particular zone classification, the minimum lot size may be reduced to 75 percent of said minimum for not more than 25 percent of the lots within the area being subdivided. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(H)(2)).
19.22.100 Floor area per unit – Minimum – Purpose and intent.
It is the intent of this section and CVMC 19.24.110 to establish minimum floor areas for dwelling units in the R-E and single-family zones. The purpose of establishing such minimum floor areas is to ensure adequate living space for residents in said zones consistent with the health, safety and general welfare of the public, and to encourage new construction which will be aesthetically pleasing and will constitute an enhancement of the economic value of the immediate neighborhood and the entire community. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.502(I)(1)).
19.22.110 Floor area per unit – Minimum – Regulatory provisions.
The minimum floor area per main dwelling unit in the R-E zone shall be as follows:
A. One thousand (1,000) square feet for each dwelling unit containing one bedroom, two bedrooms, or one bedroom and den, family room or other such room designated for miscellaneous purposes;
B. One thousand two hundred (1,200) square feet for each dwelling unit containing three bedrooms or two bedrooms and den, family room or any other such room designated for miscellaneous purposes;
C. One thousand three hundred (1,300) square feet for each dwelling containing four bedrooms or three bedrooms and den, family room or any other such room designated for miscellaneous purposes, or more. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1500 § 1, 1973; Ord. 1213 § 1; Ord. 1212 § 1, 1969; prior code § 33.502(I)(2)).
19.22.120 Off-street parking.
19.22.130 Performance standards.
All uses in the R-E zone may be subject to initial and continuing compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.502(K)).
19.22.140 Fencing requirements.
19.22.150 Panhandle lots, flag lots, or lots served by an easement – Requirements and conditions.
A. Panhandle lots, flag lots or lots served by an easement proposed within a subdivision shall meet the criteria contained in this section.
B. No lot may be created or developed under this provision which could otherwise be served by a public street unless approved by the Director of Planning and the City Engineer.
C. All development permitted under this provision shall be subject to the regulations and requirements of this title except as otherwise regulated in this section.
D. The division of any property under this provision shall be subject to the regulations of the State Map Act and subdivision ordinance of the City.
E. Not more than four lots served by a private road or easement shall be allowed under this provision unless this restriction is waived by the Director of Planning or City Council.
F. The responsibility for the maintenance and cost of maintenance of all common areas, roads or easements and guest parking areas shall be shared under contractual agreement by the property owner of each lot; this shall be accomplished through the formation of a homeowner’s association.
G. Development Criteria.
1. Road and easement widths shall be as follows: one lot, 15 feet; two lots, 20 feet; four lots, 20 feet; five or more lots, 24 feet, in accordance with private street standards as outlined in the City’s subdivision manual. These widths may be increased if it is determined by the Director of Planning that a sidewalk is required.
2. All driveways, guest parking areas and roadways shall be paved with a minimum of five inches of portland concrete cement.
3. Each lot shall contain an area not less than the minimum lot size of the underlying zone exclusive of all private roads, common areas and guest parking areas.
4. All on-site utilities shall be undergrounded.
5. Each dwelling shall be connected to a gravity sewer unless otherwise approved by the City Engineer.
6. An on-site fire hydrant may be required by the Fire Department when such is deemed necessary.
7. Guest parking shall be provided as follows:
a. One lot, one space; two lots, three spaces; three lots, five spaces; four lots, six spaces.
The individual driveways to the garage shall not be construed as meeting the guest parking requirement.
8. Accessory structures shall not be located closer than 10 feet to any dwelling located on adjacent property.
9. The following setbacks shall be observed:
a. Front yard: 15 feet from any access drive and guest parking areas;
b. Any garage facing an access drive shall be a minimum of 22 feet from the drive;
c. Side yard: not less than that required by the underlying zone;
d. Rear yard: not less than that required by the underlying zone upon initial construction.
10. A minimum five-foot-high fence shall be provided on each side of the private drive behind the front setback and on those property lines abutting adjoining properties. This requirement may be modified or waived by the Director of Planning if it is found that said fence is not necessary for the protection of the adjoining properties.
11. If the property is graded to create a building pad for each lot, the minimum level area (no slope over five percent) of each pad shall be not less than 80 percent of the minimum lot size of the underlying zone, but in no case shall the minimum area be less than 5,000 square feet. Development proposed on existing natural topography, having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the Director of Planning, who shall consider whether such development will adversely affect adjacent properties or development.
12. Guest parking areas shall be adequately screened from on-site and adjacent residential properties.
H. No garage conversions shall be permitted.
I. Development shall be subject to site plan and architectural approval of the Director of Planning. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2399 § 1, 1990; Ord. 1868 § 2, 1979).
19.22.160 Floor area ratio.
Construction of dwellings or any remodeling or additions to existing dwellings shall have a floor area ratio (FAR) which limits the maximum building area to 45 percent of the lot area for single-family dwellings on lots of 7,000 square feet or greater and 50 percent of the lot area or 3,150 square feet, whichever is less, for single-family dwellings on lots of less than 7,000 square feet. The floor area ratio calculation shall also include the square footage of patios, garages and other accessory structures present on the lot, but excluding covered patios open on at least two sides and covered porches open on at least one side with a total combined area of 300 square feet or less. For these purposes, an “accessory structure” is defined as any structure which rises four or more feet above finished grade. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2559 § 3, 1993; Ord. 2144 § 2, 1986).
19.22.170 Building additions and remodeling.
A. Additions, Greater Than 50 Percent. If an addition to a legal existing dwelling unit constitutes an increase of 50 percent or more of the floor area of the original building’s square footage, the existing building, including the addition, shall comply with current zoning code standards, except for the current building setback standards which would only apply to the addition.
B. Additions, Less Than 50 Percent. If an addition to a legal existing dwelling unit constitutes less than 50 percent of the floor area of the original building’s square footage, the existing building may be expanded or altered along the existing horizontal side yard building plane; provided, all of the following criteria are met:
1. The proposed addition is located on a lot that is 60 feet wide or greater at the front setback line; and
2. The proposed addition maintains a minimum five-foot setback from the side property line; and
3. There is a minimum 10-foot separation between the horizontal building plane of the existing dwelling unit and the addition and the horizontal building plane of an existing residence on an adjacent lot; and
4. There is a minimum six-foot separation between the edge of the proposed addition and any accessory building on-site or on an adjacent property.
C. Verification of Square Footage. For purposes of this section, the original dwelling unit’s square footage shall be determined by a dimensioned floor and site plan submitted by the applicant to the Director of Planning for review and verification. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2711 § 1, 1997; Ord. 2144 § 2, 1986).