Chula Vista City Zoning Code
19.48 P-C
Planned Community Zone
19.48.010 Purpose.
The purposes of the planned community zone are to:
A. Provide for the orderly preplanning and long-term development of large tracts of land which may contain a variety of land uses, but are under unified ownership or development control, so that the entire tract will provide an environment of stable and desirable character;
B. Give the developer reasonable assurance that sectional development plans prepared by him in accordance with an approved general development plan will be acceptable to the City. Sectional development plans may include subdivision plans and/or planned unit development plans as provided for in this title;
C. Enable the City to adopt measures providing for the development of the surrounding area compatible with the planned community zone. (Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.5201(A)).
19.48.020 Regulations generally – Minimum acreage – Ownership restrictions.
A. P-C zones may be established on parcels of land which are suitable for, and of sufficient size to be planned and developed in a manner consistent with, the purpose of this chapter and the objectives of this title. No P-C zone shall include less than 50 acres of contiguous lands.
B. All land in each P-C zone, or approved section thereof, shall be held in one ownership or under unified control unless otherwise authorized by the Planning Commission, except as provided for in CVMC 19.48.160. For the purposes of this chapter, the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified control. (Ord. 2883 § 5, 2002; Ord. 2732 § 1, 1998; Ord. 2673, 1996; Ord. 2452A § 2, 1991; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(B)).
19.48.025 Community purpose facilities – Minimum acreage required – Permitted uses.
A. All land in each P-C zone, or any section thereof, shall provide adequate land designated as “community purpose facilities (CPF),” as defined in CVMC 19.04.002, to serve the residents of the planned community.
B. Applicant shall provide a total of 1.39 acres of net useable land (including setbacks) per 1,000 population in a graded, useable condition with necessary access and utilities available for CPF in the associated planned community, and such land shall be so designated for community purpose facilities and for CPF land uses in perpetuity in the sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the approval of the SPA plan. The total acreage requirement may be reduced only if the City Council determines, in conjunction with its adoption of an SPA plan, that:
1. Availability of Shared Parking. Based on availability of shared parking with other facilities, a lesser amount of land is needed. Such reduction in land shall not exceed the equivalent necessary for the number of parking spaces acquired through the shared parking arrangement. Any shared parking arrangements pursuant to this section shall be guaranteed regardless of any future changes in occupancy of facilities; or
2. Extraordinary Public Benefit. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, CPF acreage may be reduced subject to the following requirements:
a. The reduction in CPF acreage is accompanied by an extraordinary public benefit not otherwise obtained through the provision of CPF acreage.
b. The public benefit is similar in nature to and satisfies the goals of CPF requirement by providing the community with land on which a public service, determined by the City Council to be essential to part of the community fabric, for which land would not otherwise be available, is provided and made available to the community.
c. The extraordinary public benefit is guaranteed in perpetuity.
d. At the time of the consideration by the Planning Commission, the applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the provision of the extraordinary benefit in perpetuity; or
3. Alternative Compliance. Subject to the discretion of the Development Service Director and recommendation from the Planning Commission, an alternative compliance mechanism (e.g., providing square footage within a building that will accommodate CPF uses or constructing a facility for CPF use) may be approved, provided such alternative mechanism meets all of the following requirements:
a. The City Council finds that the alternative compliance mechanism proposed is equivalent to the provision of the CPF acreage otherwise required by this subsection (B).
b. The alternative meets the definition of a CPF use in subsection (C) of this section.
c. The alternative compliance mechanism is guaranteed in perpetuity.
d. At the time of the consideration by the Planning Commission, the applicant has executed a binding agreement, reviewed and approved as to form by the City Attorney, which ensures the availability of the alternative compliance mechanism in perpetuity.
C. The required CPF acreage shall have a CPF, community purpose facilities, land use designation. All of the following uses are permitted subject to approval of a conditional use permit:
1. Boy Scouts, Girl Scouts, and other similar organizations;
2. Social and human service activities, such as Alcoholics Anonymous;
3. Services for homeless. Emergency shelters for the homeless may be allowed subject to and in accordance with the provisions of CVMC 19.58.110 or 19.58.143, as may be applicable;
4. Services for military personnel during the holidays;
5. Senior care and recreation;
6. Worship, spiritual growth and development, and teaching of traditional family values;
7. Nonprofit or for-profit day care facilities that are ancillary to any of the above or as a primary use. For-profit facilities as primary use are subject to further requirements and additional criteria as outlined in subsection (F) of this section;
8. Private schools that are ancillary to any of the above;
9. Interim uses, subject to the findings outlined in subsection (E) of this section;
10. Recreational facilities, such as ball fields, for nonprofit organizations (including homeowners associations) serving the local community, subject to the requirements outlined in CVMC 19.48.040(B)(6)(d) and subject to the findings outlined in subsection (H) of this section.
D. Criteria outlining the siting, property development standards, and operational parameters such as location, building setbacks, maintenance and design, and hours of operation, shall be incorporated into the SPA’s planned community district regulations.
E. Findings. Approval of interim uses on CPF-designated sites shall require that the approval authority make certain findings, as outlined herein:
1. Conditional Interim Uses. The City Council, with recommendations from the Planning Commission, may approve a conditional use permit for an interim use in accordance with the procedures for issuance of a said permit as outlined in Chapter 19.14 CVMC provided the following findings are made:
a. That the CPF land use designation was established at least three years prior to the consideration of any interim use, and the applicant agrees to continue marketing the site for permanent CPF use concurrent with the interim use.
b. That the interim use is not a residential use.
c. That the interim use is compatible with surrounding land uses.
d. That a community purpose facility (CPF) use is not imminent at the time the application for the conditional use permit is filed.
e. That the interim use will terminate within five years of issuance of said permit unless the City Council provides one year’s notice of intent to terminate said conditional use permit.
f. That the denial of the interim use would constitute a hardship to the landowner.
g. That if the interim use structure is designed as a permanent building, the site design, floor plan and building design is planned as a conceptual component of a permanent, permitted CPF use complex.
F. Findings. Approval of for-profit day care facilities as a primary use shall be based upon evidence determined to be sufficient by the City indicating that the CPF site has been marketed for a period of five years for CPF land uses (other than for-profit day care) as defined in subsection (C) of this section. The Director of Planning and Building may waive this time restriction if the remaining CPF acreage within the same SPA plan consists of at least four contiguous acres.
G. Review by City Council. For each approved sectional planning area plan on which is designated one or more community purpose facility uses, the City Council shall review said plan annually for the purpose of determining the actual market interest in the purchase or lease of said land so designated and the marketing activity associated therewith.
H. Findings. Approval of recreational facilities shall be based upon evidence determined to be sufficient by the City that the proposed recreational facility meets the following minimum requirements:
1. The site should be no less than 0.5 usable acres in size (usable means level areas with maximum slope of 5:1).
2. The recreational facility is compatible with the surrounding land uses.
3. A recreational facility located on a parcel of less than one acre will contain the following recreational amenities:
a. One multi-purpose hard court;
b. Children play area;
c. Community gathering place;
d. An outdoor cooking facility; and
e. Level lawn area.
4. Recreational facilities located on one-acre parcels or larger will contain all the amenities listed in subsection (H)(3) of this section plus one or more of the following sport court/fields:
a. Tennis court;
b. Swimming pool;
c. Full size sport court/field; or
d. Other sport facilities determined to be suitable for the neighborhood this facility is intended to serve, all as determined by the Zoning Administrator.
Recreational facilities proposed for full or partial CPF credit shall either contain the facilities as set forth in this section or alternative recreational facilities as approved by the Zoning Administrator. (Ord. 3442 § 2(M), 2018; Ord. 3301 § 1, 2014; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998).
19.48.030 Application – Method – Documents required.
A P-C zone may be initiated by one or more owners, by a developer representing said owners or by the City upon application made in the manner specified in this chapter. (Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 2673, 1996; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(C)).
19.48.040 Application – General development plan required – Contents required.
A. The application shall include a general development plan which shall consist of a plan diagram and text. The application shall be accompanied by the required fee(s). The plan diagram shall show the following:
1. The topographic character of the land;
2. Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4. The approximate location of all traffic ways, except those solely serving abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed natural land; and
6. The approximate location of different residential densities of dwelling types.
B. The application shall include a text which indicates:
1. Description of the project, including the boundaries and names of proposed sectional planning areas;
2. The anticipated sequential development of each section of the development for which specific uses are intended or for which sectional planning area plans will be submitted;
3. The approximate area of each sectional planning area of the development and the area of each separate land use;
4. For residential development or residential areas of any P-C zone development:
a. The approximate number of dwelling units proposed by type of dwelling. This may be stated as a range with maximum and minimum number of units of each type,
b. The approximate total population anticipated in the entire development and in each sectional planning area. This may be stated as a range with a maximum and minimum number of persons,
c. The general criteria relating to height, open space, and building coverage,
d. The number of dwelling units per gross acre proposed for each sectional planning area of the development,
e. The approximate land area and number of sites proposed for public use of each type,
f. Where appropriate, the approximate retail sales area space in square feet and gross area in acres proposed for commercial development with standards of off-street parking and landscaping and circulation for vehicles and pedestrians;
5. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional planning area thereof,
b. Anticipated employment in the entire development and in each sectional planning area thereof. This may be stated as a range,
c. Methods proposed to control or limit dangerous or objectionable elements, if any, which may be caused or emitted by proposed uses. Such dangerous or objectionable elements may include fire, explosion, noise or vibration, smoke, dust, odor, or other form of air pollution, heat, cold, dampness, electric or other disturbance, glare, liquid or solid refuse or waste, or other substance, condition or element which might adversely affect the surrounding area,
d. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, off-street parking and loading proposed for the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each sectional planning area thereof,
b. Significant applicable information with respect to enrollment, residence, employment, patients, attendance, and other pertinent social or economic characteristics of development,
c. The approximate standards of height, open space, buffering, landscaping, pedestrian and vehicular circulation, and off-street parking and loading proposed for the intended structures or uses,
d. Recreational facility land uses shall not utilize more than 35 percent of the overall CPF acreage required for CPF master plan area. Sites identified for recreational facilities in CPF land districts shall be a minimum one-half acre, and shall meet the minimum development criteria outlined in CVMC 19.48.025(H). Recreational facilities proposed for CPF credit will not receive park or open space credit.
Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the Director of Development Services, or designee); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the general development plan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC 19.48.090 and 19.48.130. (Ord. 3544 § 1, 2023; Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2506 § 1, 1992; Ord. 2452A § 3, 1991; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(C)(1)).
19.48.050 Findings required for recommendation of establishment.
The Planning Commission, after public hearing as provided in CVMC 19.12.010 through 19.12.110, may recommend the establishment of a P-C zone; provided, it finds that the facts submitted with the application and presented at the hearing establish by clear and convincing evidence that:
A. The proposed development as described by the general development plan is in conformity with the provision of the Chula Vista General Plan.
B. A planned community development can be initiated by establishment of specific uses or sectional planning area plans within two years of the establishment of the planned community zone.
C. In the case of proposed residential development, that such development will constitute a residential environment of sustained desirability and stability, and that it will be in harmony with or provide compatible variety to the character of the surrounding area, and the sites proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the anticipated population and appear acceptable to the public authorities having jurisdiction thereof.
D. In the case of proposed industrial and research uses, that such development will be appropriate in area, location, and overall design to the purpose intended; that the design and development standards are such as to create a research or industrial environment of sustained desirability and stability; and that such development will meet performance standards established by this title.
E. In the case of institutional, recreational, and other similar nonresidential uses, that such development will be appropriate in area, location and overall planning to the purpose proposed, and surrounding areas are protected from any adverse effects from such development.
F. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic thereon.
G. Any proposed commercial development can be justified economically at the location(s) proposed and will provide adequate commercial facilities of the types needed at such proposed location(s).
H. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with said development. (Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(C)(2)).
19.48.060 P-C zone – Planning Commission action.
Following a public hearing, and upon making the required findings, the Planning Commission shall make a recommendation to the City Council for approval or modified approval of a proposed P-C zone, and shall also adopt a resolution recommending that the City Council adopt the general development plan as submitted or as modified. Such recommendation and the recommended general development plan shall be forwarded to the City Council for its consideration. If unable to make the required findings, the Planning Commission shall deny said application, and forward that recommendation to the City Council. (Ord. 3544 § 12, 2023; Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(D)).
19.48.070 P-C zone – City Council action – Compliance with general development plan required.
Upon receipt of a recommendation by the Planning Commission for approval or modified approval of any P-C zone, the City Council shall set a public hearing on the matter.
A. Following its public hearing, the City Council may adopt an amendment to the zoning code establishing a P-C zone, or may deny the proposed amendment. The City Council shall make no modification of the proposed amendment as recommended by the Planning Commission unless and until such modification has been referred to the Planning Commission for additional study, report and recommendation. Such additional study, report and recommendation shall be made by the Planning Commission within 40 days of the date of the referral, unless and except as the City Council may grant the Planning Commission additional time for its review of the matter.
B. At the time of adoption of a P-C zone amendment, the City Council shall adopt, by resolution, the general development plan as defined in CVMC 19.48.040, except as provided for in CVMC 19.48.160.
C. Following the adoption of the P-C zone amendment and the general development plan, all development within the district shall thereafter be in substantial conformity with the adopted general development plan or such modifications thereto as may have been approved. (Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 2673, 1996; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.520(E)).
19.48.080 General development plan – Modification requests and procedures.
A. From time to time it may be necessary and desirable to modify the approved general development plan. Modification of such a plan may be initiated by the property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the Planning Commission on a prescribed form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification and the required fee(s).
C. The Planning Commission shall conduct a public hearing on all proposed modifications. The Planning Commission may recommend approval, conditional approval, or denial of a proposed modification to the City Council, which shall conduct a public hearing thereon.
D. Modification to an approved general development plan shall be made only by resolution of the City Council. Within 30 days after receipt of a recommendation from the Planning Commission, the City Council shall approve or deny the proposed modification. (Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 2506 § 1, 1992; Ord. 1961 § 1, 1982; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.090 Sectional planning areas and sectional planning area plans – Requirements and content.
A. All P-C zones shall be divided into sectional planning areas, except as provided for in CVMC 19.48.160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a P-C zone, and shall be addressed in the text thereof.
B. Sectional planning areas shall be composed of identifiable planning units, within which common services and facilities, a strong internal unity, and an integrated pattern of land use, circulation, and townscape planning are readily achievable. Where practicable, sectional planning areas shall have discernible physical boundaries.
C. Prior to any development within a sectional planning area, the developer shall submit a sectional planning area plan, accompanied by the required filing fee(s), and a completed, official application, to the Planning Commission for public hearing, consideration, and recommendatory action, unless such sectional planning area plans are not required by the text of an adopted general development plan. The sectional planning area plan shall include the following site utilization plan and documents:
1. A site utilization plan of the sectional planning area at a scale of one inch equals 200 feet minimum or as determined by the Director of Development Services, or designee. The plan shall extend a minimum of 300 feet beyond the boundaries of the sectional planning area and show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
c. Preliminary grading (including slope ratios and spot elevations where appropriate);
d. Existing and proposed streets (this shall include all public and private streets as well as their approximate grades and typical widths. The names of the existing streets shall be indicated);
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
i. Permanent physical features (i.e., water towers, transmission towers, drainage channels, etc.);
j. Land uses (include the acreage of each) for:
1. Parks,
2. Open space,
3. Schools (indicate type),
4. Public and quasi-public facilities (include type),
5. Residential:
•Dwelling type (i.e., single-family, duplex, attached, etc.)
•Lot size
•Number of units (indicate density for each dwelling type)
•Parking (covered or open parking and parking ratio)
•Typical floor plans and site plans at a minimum scale of one inch equals 20 feet (the site plan shall include sufficient detail of adjacent development to determine the relationship of driveways, landscaping, walks, buildings, etc.)
•The building elevations of each type of structure (including exterior colors and materials),
6. Commercial:
•Location and proposed use of each structure
•The building elevations and floor plans of each structure (include exterior colors and materials)
•Retail floor area (square footage)
•Landscaped areas
•Circulation (vehicular and pedestrian)
•Off-street parking (standards and ratio),
7. Industrial:
•Location and proposed use of each structure
•The building elevations and floor plans of each structure (include exterior colors and materials)
•Retail floor area (square footage)
•Landscaped areas
•Circulation (vehicular and pedestrian)
•Off-street parking (standards and ratio),
8. Community purpose facilities:
•Location and acreage of sites, in conformance with CVMC 19.48.020(B)
•A specific listing of types of uses to be included in this category which are compatible with the permitted uses in the planned community
•Property development standards, including minimum lot size, setbacks, and height limitations.
2. Development standards (i.e., permitted land uses, lot coverage, height and bulk requirements, signs, etc.) for each land use area and designation.
3. Development to occur in phases shall be so indicated on the plan. A skeletal plan shall be prepared for those areas indicated for future development. The skeletal plan shall indicate circulation, building locations, preliminary grading, areas devoted to landscaping, density and parking. The submission of each subsequent phase will require a new application and the required fee(s) for a modification of a sectional planning area plan, together with the required detail plans. (Ord. 3544 § 1, 2023; Ord. 2883 § 5, 2002; Ord. 2732 § 5, 1998; Ord. 2673, 1996; Ord. 2506 § 1, 1992; Ord. 2452A § 4, 1991; Ord. 1961 § 1, 1982; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.100 Sectional planning area plans – Findings required for recommendation of approval.
The Planning Commission, after public hearing, may recommend the approval of a sectional planning area plan; provided, it finds that the facts submitted with the plan and presented at the hearing establish that:
A. The proposed sectional planning area plan is in conformity with the general development plan of the P-C zone, any adopted specific plans, and the Chula Vista General Plan and its several elements.
B. The proposed sectional planning area plan would promote the orderly, sequentialized development of the involved sectional planning area.
C. The proposed sectional planning area plan would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. (Ord. 2883 § 5, 2002; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.110 Sectional planning area plans – Actions of Planning Commission and City Council.
A. If, from the facts presented, the Commission is unable to make the findings set forth in CVMC 19.48.100, it shall recommend disapproval of the application.
B. The Commission may recommend disapproval of a sectional planning area plan, may recommend approval of said plan as submitted, or may recommend approval of said plan subject to specified modifications.
C. The City Council, upon receipt of the recommendation of the Planning Commission on a submitted sectional planning area plan, shall conduct a public hearing thereon. The City Council may approve, deny, or modify the plan. If the City Council desires to modify a sectional planning area plan, such modification shall be referred back to the Planning Commission for written recommendations before adoption. The failure of the Commission to report within 28 days after reference shall be deemed to be approval of said modification. (Ord. 2883 § 5, 2002; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.120 Sectional planning area plans – Effect of plan approval.
The approval of a sectional planning area plan shall constitute a refinement of the adopted general development plan of the P-C zone. (Ord. 2883 § 5, 2002; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.130 Sectional planning area plans – Modification requests and procedures.
A. From time to time, it may be necessary and desirable to modify the approved sectional planning area plan. Modification of such plan may be initiated by the property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted to the Planning Commission on a prescribed form and shall be accompanied by such additional maps, statements, or other information as may be required to support the proposed modification and the required fee.
C. The Planning Commission shall conduct a public hearing on all proposed modifications. The Planning Commission may recommend approval, conditional approval, or denial of a proposed modification to the City Council which shall conduct a public hearing thereon.
D. Modification to an approved sectional planning area plan shall be made only by resolution of the City Council. Within 30 days after receipt of a recommendation from the Planning Commission, the City Council shall approve or deny the proposed modification. (Ord. 2883 § 5, 2002; Ord. 1854 § 5, 1979; Ord. 1826 § 1, 1978).
19.48.140 P-C zone – Residential areas not subject to design review.
19.48.145 P-C zone – Accessory dwelling units.
Accessory dwelling units and junior accessory dwelling units may be permitted within single-family residential areas within the planned community zone subject to the provisions of CVMC 19.58.022 and 19.58.023, and the provisions of the respective general development plans and sectional planning area plans for each particular planned community. (Ord. 3503 § 8, 2021; Ord. 3423 § 8, 2018; Ord. 2897 § 5, 2003).
19.48.150 Recycling collection centers.
Recycling collection centers may be permitted within commercial or industrial areas, subject to the provisions of CVMC 19.58.345. (Ord. 2883 § 5, 2002; Ord. 2252 § 8, 1988; Ord. 2233 § 8, 1987).
19.48.151 Electrical generating facilities.
Electrical generating facilities within the P-C zone shall comply with the requirements of CVMC 19.58.142 dependent upon the type of EGF and the type of land use district/zone in which it is located, and all applicable federal, regional, and local regulations. Residential-level electrical generating facilities are permitted within residential zones except for “higher-density” apartment residential zones, as defined in subsection (5) of the definition “electrical generating facilities” in CVMC 19.04.002. Private and backup and emergency electrical generating facilities are accessory uses within apartment residential, commercial, public/quasi-public, limited industrial, industrial, and mixed-use zones, as defined in subsections (3) and (4) only of the definition “electrical generating facilities” in CVMC 19.04.002. Base load and peaking electrical generating facilities are permitted within public/quasi-public, limited industrial and industrial zones with a conditional use permit, as defined in subsections (1) and (2) only of the definition “electrical generating facilities” in CVMC 19.04.002. (Ord. 3279 § 3, 2013).
19.48.160 P-C zone – Exceptions.
Exceptions to the above requirements include the following:
A. Individual parcels under separate ownership or control, but adjacent to land with an approved general development plan, will not require approval of a general development plan concurrent with the adoption of the P-C zone. However, subsequent implementation of the P-C zone pursuant to the provisions contained within this section, and development of said area, will require the approval of one of the following: (1) an amendment to an adjacent general development plan and adoption and/or amendment of a sectional planning area plan which would include the subject area, or (2) a precise plan, as defined in CVMC 19.14.570 through 19.14.580, for development of the area consistent with the provisions of subsection (C) of this section.
B. Any land area that is subject to the exceptions contained in this section will not be required to have unified ownership or control upon adoption of the P-C zone. However, unified ownership or control as defined in CVMC 19.48.020(B) shall be required of the subject land area prior to adoption of an amended general development plan and adoption and/or amendment of a sectional planning area plan.
C. Underlying land use regulations, including permitted, accessory and conditional land uses, for P-C zone areas which do not have an approved general development plan shall be subject to the provisions of a zoning designation which would be consistent with the General Plan land use designation for the property. Establishing specific underlying zoning regulations will occur at the time of adoption of the P-C zone. (Ord. 2883 § 5, 2002).