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Chula Vista City Zoning Code

19.34 C-N

Neighborhood Commercial Zone

19.34.010 Purpose and intent.

The purpose of this chapter is to provide a shopping center for convenience shopping in a residential neighborhood where analysis of residential population demonstrates that such facilities are necessary and desirable. C-N zoning shall be applied to property having a minimum area of three acres and a maximum area of eight acres. It is the intent of the City Council to ensure that the character of the C-N zone will be compatible with and will complement the surrounding residential area. Therefore, parking areas must be landscaped as required herein, in order to relieve the barren appearance which most parking lots possess. It is further the intent of this chapter to prescribe the number, type, size and design of all signs to protect the general welfare of the surrounding residential property owners and of the merchants and property owners within the shopping center by avoiding wasteful and costly competition among sign users resulting from the uncontrolled use of signs. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(A)).

19.34.020 Permitted uses.

The following are the principal permitted uses in a C-N district:

A. Grocery, fruit or vegetable store;

B. Bakery;

C. Drugstore;

D. Barbershop and beauty shop;

E. Clothes-cleaning pickup agency with incidental pressing;

F. Business or professional office;

G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of liquor, beer, or other alcoholic beverages for consumption on the premises or drive-in car service;

H. Commercial parking lot for passenger vehicles, subject to the requirements of CVMC 19.62.010 through 19.62.130;

I. Coin-operated laundry, with maximum capacity washing units of 20 pounds and comparable drying equipment, and clothes-cleaning agency;

J. Any other retail business or service establishment supplying commodities or performing services for residents of the neighborhood which is determined by the Planning Commission to be of the same general character as the above-mentioned retail business or service uses, and open during normal business hours of the above uses;

K. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental storage facilities and satellite dish antennas, in accordance with the provisions of CVMC 19.22.030(F)(1) through (9);

L. Agricultural uses as provided in CVMC 19.16.030. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2526 § 2, 1992; Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(B)).

19.34.022 Accessory uses and buildings.

A. Private and backup and emergency electrical generating facilities, as defined in subsections (3) and (4) of the definition “electrical generating facilities” in CVMC 19.04.002, and subject to the following standards:

1. Private: the standards prescribed in CVMC 19.58.142(D).

2. Backup and emergency: the standards prescribed in CVMC 19.58.142(E). (Ord. 3279 § 3, 2013).

19.34.030 Conditional uses.

The following uses shall be permitted in the C-N zone; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090:

A. Automobile service stations, in accordance with the provisions of CVMC 19.58.280;

B. Sale of beer or other alcoholic beverages for consumption on the premises only where the sale is incidental with the sale of food;

C. Roof-mounted satellite dishes, subject to the standards set forth in CVMC 19.30.040;

D. Recycling collection centers, subject to the provisions of CVMC 19.58.345;

E. Automated, drive-through car washes, in accordance with the provisions of CVMC 19.58.060;

F. Establishments contained in the list of permitted uses above, but which include the sale of alcoholic beverages for off-site use or consumption, including any new facilities and any facilities which expand the area devoted to alcohol sales or which require the issuance of a type of alcoholic beverage license by the State Alcohol Beverage Control different from the license previously held, in accordance with the procedures in CVMC 19.58.430;

G. Liquor store (package, off-sale only), in accordance with the procedures in CVMC 19.58.430;

H. Drive-through restaurants, those fast food facilities offering drive-through lanes in which food is both ordered and picked up from the vehicle, and taken off-site for consumption; but not including “drive-in” restaurants, those at which food is ordered from and consumed in the parked car on the premises.

The following uses shall be permitted in the C-N zone; provided, a conditional use permit is issued by the Planning Commission, or for unclassified uses as defined in CVMC 19.54.020:

I. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140;

J. Unclassified uses, see Chapter 19.54 CVMC. (Ord. 3544 § 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2715 § 3, 1997; Ord. 2560 § 3, 1993; Ord. 2552 § 1, 1993; Ord. 2526 § 3, 1992; Ord. 2491 § 2, 1992; Ord. 2252 § 2, 1988; Ord. 2233 § 2, 1987; Ord. 2152 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1571 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(C)).

19.34.040 Sign regulations.

Repealed by Ord. 2924 § 3, 2003. (Ord. 2309-A § 7, 1989; Ord. 1734 § 1, 1977; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1275 § 1; Ord. 1212 § 1, 1969; prior code § 33.508(D)).

19.34.050 Height requirements.

No principal building shall exceed two and one-half stories or 35 feet in height, and no accessory building shall exceed one and one-half stories or 15 feet in height, except as provided in CVMC 19.16.040. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(E)).

19.34.060 Area, lot width and yard requirements.

The following minimum lot area and yard requirements shall be observed in the C-N zone, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080, and where increased for conditional uses:

Setbacks in Feet

Lot Area* (sq. ft.)

Front and Exterior Side Yards

Side

Rear

5,000

15 feet* for buildings
Zero feet for signs

None, except when abutting an R district, then not less than 15 feet

None, except when abutting an R district, then not less than 15 feet; provided, however, that where such yard is contiguous and parallel with an alley, one-half the width of such alley shall be assumed to be a portion of such yard

*Or not less than that specified on the building line map shall be provided and maintained. The setback requirements shown on the adopted building line map for Chula Vista shall take precedence over the setbacks required in the zoning district.

(Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(F)).

19.34.070 Additional conditions and requirements.

The following additional conditions set forth in CVMC 19.34.080 through 19.34.210 shall apply in a C-N zone. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)).

19.34.080 Enclosures required for all uses – Exceptions.

Except as otherwise provided, all uses in a C-N zone shall be conducted wholly within a completely enclosed building except for service stations, as stipulated in their conditional use permit, nurseries, and off-street parking and loading facilities and sidewalk cafes. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(1)).

19.34.090 Restrictions on sales of goods.

In a C-N zone, goods for sale shall consist primarily of new merchandise and shall be sold at retail on the premises. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(2)).

19.34.100 Site plan and architectural approval required.

Site plan and architectural approval is required for all uses in a C-N zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(3)).

19.34.110 Off-street parking and loading facilities.

Off-street loading and parking is required for all uses in a C-N zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)(4)).

19.34.120 Employee activity restrictions.

The number of employees in any business establishment in a C-N zone shall be limited to those necessary for the conduct of the on-site business and no person shall be engaged in the activity of processing, fabricating or repairing goods for delivery or sale at other locations. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(5)).

19.34.130 Market analysis required when.

A market analysis showing demand for new or additional C-N facilities shall be submitted together with any application for rezoning of a new C-N district, or extension by one acre or more of any existing C-N district. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(6)).

19.34.140 Curb cuts and internal traffic circulation – Approval required.

All curb cuts and internal traffic circulation for ingress and egress shall be approved by the Planning Commission subject to a recommendation from the City Traffic Engineer. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(7)).

19.34.150 Shopping centers – Presentation as planned development required.

Shopping centers proposed to be located in a C-N zone shall be presented as a planned development; each unit shall then proceed in accordance with the approved planned development. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(8)).

19.34.160 Design of buildings.

All buildings in a C-N zone shall be designed so as to be compatible with the surrounding neighborhood; and the general character of the development shall continue and promote the established theme of the community. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(9)).

19.34.170 Hours for conducting business.

No business shall be open in a C-N zone between the hours of 11:00 p.m. and 7:00 a.m., unless specifically approved by the Planning Commission. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(10)).

19.34.180 Evidence of certain compliance required annually.

Each year, prior to issuing a business license or the renewal of a business license, establishments within the neighborhood shopping center shall present evidence of compliance with the requirements of this title, particularly in regard to the nature of the business as set forth in CVMC 19.34.090 and 19.34.120. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1212 § 1, 1969; prior code § 33.508(G)(11)).

19.34.190 Trash storage areas.

Trash storage areas in the C-N zone are subject to the conditions of CVMC 19.58.340. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)(12)).

19.34.200 Wall requirements.

Zoning walls shall be provided in the C-N zone subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)(13)).

19.34.210 Landscaping.

The site shall be landscaped in conformance with the landscape manual of the City, and approved by the Director of Development Services or designee. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(G)(14)).

19.34.220 Prohibited uses.

Uses expressly prohibited in a C-N zone include:

A. Residential uses;

B. Any combination of residential and nonresidential uses on a lot, parcel of land, or in any structure thereon;

C. Industrial uses;

D. Public address systems and/or loudspeakers outside of any building. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(H)).

19.34.230 Existing nonconforming shopping centers – Conformance with rules and regulations required when – Time limit.

All existing shopping centers which may, in the future, be classified in the neighborhood-commercial (C-N) zone shall, within the time established herein, be made to conform to the requirements and regulations of the zone as applicable. The Planning Department shall submit a letter to the property owner and managers of the businesses being conducted within said shopping center, outlining the requirements and changes necessary to bring the center into conformance with the zone requirements. All of said changes shall be accomplished within one year of the date of such notification. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(I)).

19.34.240 Performance standards.

All uses in a C-N zone shall be subject to initial and continued compliance with the performance standards set forth in Chapter 19.66 CVMC. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.508(J)).