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)).
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)).
Repealed by Ord. 3592 § 1, 2025. (Ord. 3575 § 3, 2024; Ord. 3548 § 1, 2023; Ord. 3503 § 1, 2021; Ord. 3465 § 1, 2019; Ord. 3448 § 1, 2018; 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).
Repealed by Ord. 3592 § 1, 2025. (Ord. 3548 § 1, 2023; Ord. 3503 § 1, 2021; Ord. 3465 § 1, 2019; Ord. 3448 § 1, 2018; Ord. 3423 § 1, 2018).
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).
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)).
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)).
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 Development Services Department. All electrical installations shall be inspected and approved by the Development Services Department.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2074 § 4, 1984).
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)).
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 Development Services, or designee.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2584 § 5, 1994).
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)).
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)).
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).
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)).
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 Development Services or designee. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(8)).
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)).
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 an emergency shelter for the homeless in accordance with the following standards and requirements is considered accessory to the church use or religious institution (no conditional use permit required) subject to compliance with the following standards:
1. Temporary emergency shelters operating for 30 days or less in any 365-day period which are accessory uses to religious institutions or religious organizations are exempt from this section.
2. The primary church use or religious institution was authorized through a conditional use permit approval.
3. Appropriate design accommodations for the emergency shelter were included in the original facility design, and the emergency shelter was listed as an accessory use and identified in the original conditional use permit application. Where the emergency shelter was not initially contemplated and included in the original conditional use permit, such conditional use permit must be amended in accordance with the provisions of CVMC 19.14.030(A).
4. Emergency shelters shall comply with current California Health and Safety Code and California Building Codes in effect upon their construction.
5. No rent or fees of any kind shall be charged for emergency shelter services offered to homeless persons.
6. Within residential zones, emergency shelter accommodations shall be limited to 12 persons at a single time.
7. A person residing at the facility shall be limited to 60 days of accommodations. (Ord. 3442 § 2(O), 2018; 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)).
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).
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)).
A dwelling group as defined in CVMC 19.04.002 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:
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 Development Services, or designee, 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 Development Services or designee.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1874 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(13)(12)).
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)).
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 19.04.002: 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 or designee.
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 (B)(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 (B)(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 (D)(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. 3544 § 1, 2023; Ord. 3279 § 3, 2013).
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities are required to identify a minimum of one zone that permits emergency shelters by right. The purpose of this section is to establish standards to ensure that the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that they are developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial zone within a City approved Sectional Planning Area plan or Specific Plan, subject to a nondiscretionary Development Review Permit pursuant to Government Code Section 65583(a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent commercial zone or on land designated as “community purpose facilities” (CPF) within a City approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090.
Emergency shelters are subject to the following standards. Emergency shelters operating for 30 days or less in any 365-day period which are accessory uses to religious institutions or religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private organization that provides, or that contracts to provide, emergency shelters and which, when required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in which they are located, and, in addition, no emergency shelter shall be located within 300 feet of another such facility, said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 CVMC, Off-Street Parking and Loading.
F. Each emergency shelter shall include, at a minimum, the following:
1. Interior and exterior lighting necessary for security, safety, and operational purposes shall conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor provisions as applicable in effect at the time the application is deemed complete. Exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way;
2. If client intake is to occur on site, there shall be an indoor client intake/waiting area equal to a minimum of 10 square feet per bed provided at the facility. If an exterior waiting area is also provided, it shall be enclosed or screened from public view and adequate to prevent obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on site at all hours the facility is open and one hour prior to and after facility operating hours. At least one full-time equivalent employee shall be required to be on site during facility operating hours for every 20 beds in the facility.
H. Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for residents; and facility information, including the number of persons who can be served nightly, the location of on-site waiting and intake areas, the provision of on-site management, and on-site security during hours of operation, as established in Government Code Section 65583(a)(4)(A). (Ord. 3442 § 2(O), 2018).
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural zone within a City approved Sectional Planning Area plan or Specific Plan. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other agricultural activity in the same zone. (Ord. 3442 § 2(O), 2018).
“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).
Repealed by Ord. 3544 § 6, 2023. (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).
“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).
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)).
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)).
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)).
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)).
A hazardous waste facility as defined in CVMC 19.04.002 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 19.04.002, 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 19.04.002.
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 Development Services, or designee, 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 Development Services, or designee, 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 Development Services, or designee, 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2542 § 6, 1993).
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)).
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)).
Repealed by Ord. 3442 § 2(O), 2018. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(19)).
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).
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)).
The following requirements shall apply to nursing homes (see Definitions, CVMC 19.04.002):
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)).
Repealed by Ord. 2924 § 3, 2003. (Ord. 2296 § 7, 1989).
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)).
(See definition in CVMC 19.04.002.)
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)).
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).
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).
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)).
Single room occupancy residences, as defined in CVMC 19.04.002, are allowed in multiple-family residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and 65583(c)(1). Single room occupancy residences are subject to all Municipal Codes, regulations and other standards generally applicable to multiple-family residential buildings in the same zone. (Ord. 3442 § 2(O), 2018).
Residential facilities, as defined in CVMC 19.04.002, for six or fewer residents are allowed in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any zone as an unclassified use with an approved conditional use permit and shall be authorized in accordance with the provisions of CVMC 19.14.030(A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
C. Residential facilities are not permitted 300 feet from another licensed residential facility with said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities; provided, however, that residential facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are exempt from the requirements of this subsection (C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050(34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of the California Code of Regulations, also known as the California Building Standards Code, and the applicant must certify that units designed for people with disabilities comply with all applicable federal and state disabled persons accessibility requirements, including but not limited to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual facility; dining shall not be open to the public.
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space requirements.
G. The facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents, guests, and employees of the individual facility, subject to the permit requirements of the applicable zone.
1. “Accessory retail” uses are permitted on any site containing attached residential (for sale, rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use may offer a limited selection of convenience goods and services for the daily needs of the residents. Examples may include, but are not limited to: mini-markets under 5,000 square feet; eating establishments, excluding drive-throughs, under 3,000 square feet; retail shops, walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and personal services under 2,000 square feet.
2. “Personal service” uses provide nonmedical retail sales and services to individuals as a primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair shops, tailors, tanning salons, and travel agencies. “Personal services” does not include “massage parlor,” which is defined separately in this title.
H. Approval must be obtained from applicable agencies concerning health and safety conditions, and said residential facility must be licensed by such agencies, as required.
I. If a conditional use permit is required, a business license must be obtained concurrently with the conditional use permit. (Ord. 3442 § 2(O), 2018).
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)).
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, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(28)).
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)).
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)).
Supportive housing, as defined in CVMC 19.04.002, and transitional housing, as defined in CVMC 19.04.002, are allowed in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code Section 65583(a)(5), and subject to all Municipal Codes, regulations and other standards applicable to other residential dwellings of the same type in the same zone. (Ord. 3442 § 2(O), 2018).
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 Development Services, or designee, they 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(32)).
(See definition in CVMC 19.04.002.)
A. It is unlawful to use a camping trailer, motorhome, 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, motorhomes, 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 Development Services, or designee, 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. 3544 § 1, 2023; 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)).
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 Development Services, or designee, 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 Director of Development Services, or designee.
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 Development Services, or designee, 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2993 § 1, 2005; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(34)).
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).
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 Development Services, or designee.
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 Director of Development Services, or designee, 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 Director of Development Services, or designee. Such a fence may be of wood construction. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(35)).
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)).
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, or designee, shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots). (Ord. 3544 § 1, 2023; Ord. 3256 § 1 (Exh. A), 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982; Ord. 1436 § 3, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(37)).
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, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(38)).
Pursuant to CVMC 19.54.020, housing developments for seniors, as defined in CVMC 19.04.002, 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).
A. 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 Director of Development Services, or designee.
The approval of an RV storage yard granted 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 Development Services Department. 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.
B. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary.
1. No more than a total of two motorhomes or camping trailers shall be parked at any time on a residentially zoned property (R districts) or a property with a residential use. (Ord. 3575 § 13, 2024; Ord. 3544 § 1, 2023; Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2169 § 2, 1986).
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).
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).
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 decision of the Zoning Administrator may be appealed.
Such appeal shall be directed to the Planning Commission and must be filed in writing on forms provided by the Development Services Department with the City Clerk’s Office within 10 business days after the decision is made, as provided in CVMC 19.14.100, and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid appeal application is received within the time limit, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission must make the same written findings required of the Zoning Administrator herein in order to grant the permit, and the decision of the Planning Commission shall be final. (Ord. 3563 § 13, 2024; Ord. 3544 § 12, 2023; Ord. 3153 § 2 (Exh. A), 2010).
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:
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).
A. Purpose and Scope. The purpose of this section is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the City, preserve property values, and protect the public health, safety and welfare. These standards are in addition to federal, state, and local laws and regulations. Wherever there is a conflict between this section and other laws or regulations, the more restrictive standard shall apply.
B. Definitions. For the purposes of this section, the following definitions shall apply:
“Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by 16 feet, and transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers.
“Shipping container” means an industrial, portable vessel typically not greater than 40 feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship.
C. Allowed Uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30 CVMC.
1. Residential Districts (R Districts).
a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with an active construction permit.
b. Portable storage containers shall be permitted in any residential zoning district only if confined solely within an existing driveway, or within the public right-of-way with an approved temporary encroachment permit.
2. Commercial Districts (C Districts).
a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this section.
b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this section.
3. Industrial Districts (I Zones).
a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or a principal use with an approved Design Review Permit, subject to the standards set forth in this section.
4. Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed.
D. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this section.
E. Notwithstanding any other provision of this section, shipping containers and portable storage containers used by the City for a municipal purpose shall not be subject to the standards of this section. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community.
F. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this section shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container.
G. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the City.
1. Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone.
2. Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of-way with an approved temporary encroachment permit.
3. Duration. Portable storage containers placed on private property shall not remain longer than 30 consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than 14 consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than 90 total days in a calendar year.
4. Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Nonstorage use of portable storage containers is not allowed.
5. Permittee Responsibilities. The permittee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site.
H. Development Standards – Shipping Containers. Use of shipping containers shall be subject to the following limitations:
1. General Standards.
a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Nonstorage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this section.
b. Maximum Height. If not stacked, shipping containers shall not exceed nine feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of 20 feet, and placed on a surface that can withstand their weight.
c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses.
d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container.
e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery.
2. Commercial Districts.
a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited.
b. Buffer from Residential Districts. Shipping containers shall not be located within 300 feet of an existing residential district.
c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast-growing landscaping.
3. Industrial Districts.
a. Frequency.
i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this section. Stacking is permitted with height not to exceed 20 feet.
b. Accessory Use.
i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre.
ii. No more than 15 shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed 25 feet.
iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit and approval by the Planning Commission, who, when approving such permit, shall make the following findings:
(A) The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition.
(B) The shipping containers shall be placed in accordance with fire and building code standards.
(C) The shipping containers are, and shall remain in, good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions.
(D) The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City.
iv. Setbacks. Stacked shipping containers shall be placed at least 150 feet from any public right-of-way. Nonstacked shipping containers shall be placed at least 100 feet from any public right-of-way.
v. Buffer From Residential Districts. Shipping containers shall not be placed within 500 feet of any residential district.
I. Temporary Use of Shipping Containers. Shipping containers shall be allowed in all zones on a temporary basis when utilized during construction operations for the parcel, pursuant to an approved construction permit, and when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first.
J. Nonconforming Uses – Portable Storage and Shipping Containers.
1. Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the City as of the date of the adoption of this section are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30 CVMC, or other civil or criminal penalties.
2. A shipping container constructed or placed prior to the date of adoption of this section shall be allowed to continue; provided, that the shipping container meets the following conditions:
a. The shipping container is on a parcel in an industrial zone.
b. The shipping container, or use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this section. (Ord. 3575 § 15, 2024).
A. The purpose of this section is to provide regulations for the establishment of two-unit residential developments and urban lot split parcel maps in single-family zones, to define the approval process for such two-unit residential developments and urban lot split parcel maps in compliance with, inter alia, Section 65852.21 of the Government Code. Two-unit residential developments and urban lot split parcel maps in single-family zones are potential sources of affordable housing and shall be deemed consistent with the General Plan and zoning designation of the lot as provided.
B. For the purposes of this section, the following words are defined:
“Objective development standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Objective subdivision standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Objective zoning standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Two-unit residential development” means a development which proposes no more than two new residential units or proposes to add one new residential unit with one existing residential unit on a single parcel in accordance with this chapter.
“Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code.
“Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
“Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Two-Unit Residential Development in Single-Family Zones. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
1. The two-unit residential development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development has not been occupied by a tenant in the last three years.
4. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
5. The proposed housing development shall be prohibited if it is on a parcel that qualifies under the prohibitions listed in Section 65852.21(a)(2) of the Government Code or any successor provision thereof. Types of prohibited parcels include:
a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code;
b. Prime farmland or farmland of statewide importance;
c. Wetlands;
d. Within a high fire hazard severity zone;
e. Hazardous waste site;
f. Within a delineated earthquake fault zone;
g. Within a special flood hazard area subject to inundation by the one percent annual flood (100-year flood) unless it meets one of the following:
i. Subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction;
ii. Meets Federal Emergency Management Agency requirements to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to 44 C.F.R. Parts 59 and 60;
h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 C.F.R. Section 60.3(d)(3);
i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;
j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code);
k. Lands under conservation easement.
D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards:
1. Number and Size of Units.
a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section.
b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section.
c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single-zoned residential parcel.
2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel.
3. Setbacks.
a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.
c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical.
5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.020, Accessory buildings, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit pursuant to CVMC 19.58.020 shall be null and void subject to the final decision of the Director of Development Services.
6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050.
E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements:
1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
2. Both newly created parcels are no smaller than 1,200 square feet.
3. The parcel being subdivided meets all the following requirements:
a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone.
b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section.
c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section.
4. Any parcel created by this section shall be used for residential purposes only.
5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee.
6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or one unit on one parcel and three units on the other parcel.
7. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section.
8. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section.
9. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
10. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter.
11. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
12. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
13. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered.
14. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted.
15. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way.
F. Application of Objective Standards. Development proposed on lots created by an Urban Lot Split Subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning including but not limited to: CVMC Title 18 and Chapters 19.22 and 19.24 CVMC; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding size, height, off-street parking, or setbacks shall be approved unless the applicant demonstrates to the Director of Development Services’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site.
G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map. The Development Services Department shall not approve an Urban Lot Split Parcel Map under any of the following circumstances:
1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel Map that the City previously approved.
2. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
3. The Development Services Department finds that the Urban Lot Split Parcel Map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
4. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this code. Any decision to disapprove an Urban Lot Split Parcel Map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this code.
5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may be denied if the Director of Development Services, or their designee, makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 3575 § 9, 2024; Ord. 3519 § 5, 2022).
A. Intent. To provide the public, professionals, and decision-makers with the City’s objective criteria for approval of multifamily residential and mixed-use projects containing two or more residential units that meet the applicable requirements of California Government Code Section 65913.4. Subject to California Government Code Section 65915 as applicable, these objective design standards, which involve no personal or subjective judgment as further specified in California Government Code Section 65913.4(a)(5), shall be interpreted as requirements rather than general guidelines. All multifamily residential and mixed-use projects applying under the Housing Accountability Act (California Government Code Section 66300) protections and other ministerial project review under state law, shall comply with the provisions under this section. Projects must also comply with all applicable objective zoning code requirements within this title including but not limited to height, setbacks, and floor area ratio, and any applicable California Building Code requirements.
B. Building Architecture.
1. Through the verification of colors and materials on architectural plans or drawings, buildings shall be designed with the same approach to form and massing, roof design, wall and window design, and materials and colors on all elevations. No particular architectural style is required; however, high-quality architecture is encouraged.
2. Buildings at and over three stories tall must have walls that recess a minimum of three feet, at least every 100 feet of wall length, to provide relief along the wall plane.
3. Entirely blank walls are not allowed. A minimum of two architectural details from the following list shall be provided on all building facades at a minimum every 50 feet of street frontage:
a. Windows;
b. Trellises;
c. Balconies;
d. Differentiation in exterior material;
e. Awnings.
4. All street corners shall be enhanced to provide a tower element or an additional architectural detail (list above) to make it distinct from the rest of the building.
5. Where buildings are proposed adjacent to a single-family residential zone, windows, balconies or similar openings shall be oriented so as not to have a direct line-of-sight into adjacent units or onto private patios or back yards adjoining the property line. This can be accomplished through one of the following techniques:
a. Upper story stepback;
b. Window placement;
c. Use of glass block or opaque glass;
d. Placement of mature landscaping, or vertical landscaping (such as the use of columnar-shaped plants) within the rear or side setback areas.
6. Roof design shall be of a single style and slope throughout the project. On a building with a pitched roof, no portion of the main roof shall be flat.
7. Roof lines shall be vertically articulated, at least every 50 feet along the street frontage, through the use of one or more of the following architectural elements:
a. Parapets;
b. Varying cornices;
c. Reveals;
d. Clerestory windows;
e. Varying roof height and/or form.
C. Site Design.
1. Where buildings front along a street, residential units shall have a ground-level primary building entry facing the primary street. Along buildings not located facing a primary street, front entryways of units shall be oriented to face common open space areas such as landscaped courtyard, plaza, or paseo.
a. For mixed-use projects, commercial/office unit entrances shall be oriented to the street, a parking area, or an interior common space. Additionally, community leasing offices do not count towards the commercial requirements. For the purposes of this section, commercial uses are also open for unit residents and the general public.
2. Covered and uncovered parking areas, as well as parking structures, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. Where landscaping is used for screening purposes, it shall be no less than four feet tall. Fencing shall comply with subsection (H) within this section.
3. All pedestrian walkways shall be a minimum of four feet in width.
D. Affordable Housing. Projects with inclusionary units shall comply with the applicable requirements set forth within CVMC 19.91.090. Additionally, projects using density bonus shall comply with CVMC 19.90.040.
E. Open Space.
1. Common open spaces are amenities to the surrounding community in addition to required public parkland, and shall meet the following criteria:
a. Developed with recreational uses, including both passive (landscaping) and active amenities (tot lots, picnic areas, etc.).
b. Consist of large areas that are not fragmented by unrelated uses or improvements.
c. A minimum of 200 square feet of usable open space per dwelling unit shall be provided. In addition, it shall have a linear dimension no less than 10 feet.
2. Private open space for residential units can take the form of yard area, porches, verandas, courtyards, patios, and balconies. The total amount provided shall be in accordance with the following, based on unit sizes:
a. Multifamily with one bedroom: 60 square feet;
b. Multifamily with two bedrooms: 80 square feet;
c. Multifamily with three or more bedrooms: 100 square feet;
d. Each additional bedroom over three: 20 additional square feet.
F. Parking.
1. The Project shall comply with the off-street parking ratio requirements set forth in CVMC 19.62.010 through 19.62.130. If the project is using a density bonus, the developer may request the parking ratio set forth in California Government Code Section 65915.
2. Parking shall not be located between the building frontage and a public sidewalk.
3. Additionally, parking areas for more than five vehicles shall be effectively screened by a minimum of 10-foot-wide landscaped strip and a masonry wall or fence of acceptable design between the parking area and the public right-of-way. This strip shall effectively screen the parking lot from the public right-of-way to a minimum height of three-and-a-half feet. Any approved combination of planting mounds, walls, and/or decorative features, which are visually compatible with the proposed development and the surrounding neighborhood, may be utilized.
a. Every 10 parking stalls shall include a landscaped area with one tree and a minimum width of five feet.
4. Any carports adjacent to a single-family residential zone, parking lot areas and carports shall not be located along the single-family neighborhood street frontages. Additionally, the design of carports shall match the project’s overall design theme.
5. Bike Parking. The minimum number of spaces provided shall be 10 percent of the total residential units. Additionally, an inverted “U” bike rack shall be the type of space provided and shall not be separated from building entrances by a road, parking area, or structure.
G. Walls and Fences.
1. The following standards apply to walls and fences:
a. Walls shall be architecturally treated on both sides and incorporate landscaping.
b. Brick, slump stone, tile, textured concrete, stucco on masonry or steel framing, wrought iron, tubular steel fencing, solid decorative walls, or other material walls which require little or no maintenance are required.
c. Wall caps are to be incorporated as a horizontal design element at the top of walls and should not exceed four inches vertical.
d. Plain concrete block walls and chain link fencing are not permitted.
H. Landscaping. All landscaping shall conform to the requirements as specified in the City’s Landscaping Manual, Design Manual, Shade Tree Policy, and Water Conservation Ordinance and as approved by the Director of Development Services or designee.
I. Lighting.
1. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall include overnight lighting for safety and security.
2. Lighting shall be recessed or hooded, downward-directed, and located to illuminate only the intended area. It shall not spill beyond the intended area and shall not extend across a property line.
3. Timers and sensors shall be incorporated to avoid unnecessary lighting and avoid unnecessary energy use.
J. Utilities and Trash Enclosure Areas.
1. Utilities, utility vaults, and all mechanical equipment (ground and roof-mounted) shall be screened or hidden from view from the public street.
2. Trash enclosure areas shall be provided in accordance with CVMC 19.58.340.
3. Trash enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development.
4. Enclosures shall be located in convenient but unobtrusive areas, well-screened with landscaping, and positioned so as to protect adjacent uses from noise and odors. (Ord. 3572 § 2, 2024; Ord. 3559 § 1, 2023).
The construction of new single-family residential, multifamily residential, and mixed-use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. (Ord. 3575 § 16, 2024).
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)).
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)).
Repealed by Ord. 3592 § 1, 2025. (Ord. 3575 § 3, 2024; Ord. 3548 § 1, 2023; Ord. 3503 § 1, 2021; Ord. 3465 § 1, 2019; Ord. 3448 § 1, 2018; 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).
Repealed by Ord. 3592 § 1, 2025. (Ord. 3548 § 1, 2023; Ord. 3503 § 1, 2021; Ord. 3465 § 1, 2019; Ord. 3448 § 1, 2018; Ord. 3423 § 1, 2018).
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).
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)).
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)).
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 Development Services Department. All electrical installations shall be inspected and approved by the Development Services Department.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2074 § 4, 1984).
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)).
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 Development Services, or designee.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2584 § 5, 1994).
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)).
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)).
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).
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)).
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 Development Services or designee. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(8)).
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)).
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 an emergency shelter for the homeless in accordance with the following standards and requirements is considered accessory to the church use or religious institution (no conditional use permit required) subject to compliance with the following standards:
1. Temporary emergency shelters operating for 30 days or less in any 365-day period which are accessory uses to religious institutions or religious organizations are exempt from this section.
2. The primary church use or religious institution was authorized through a conditional use permit approval.
3. Appropriate design accommodations for the emergency shelter were included in the original facility design, and the emergency shelter was listed as an accessory use and identified in the original conditional use permit application. Where the emergency shelter was not initially contemplated and included in the original conditional use permit, such conditional use permit must be amended in accordance with the provisions of CVMC 19.14.030(A).
4. Emergency shelters shall comply with current California Health and Safety Code and California Building Codes in effect upon their construction.
5. No rent or fees of any kind shall be charged for emergency shelter services offered to homeless persons.
6. Within residential zones, emergency shelter accommodations shall be limited to 12 persons at a single time.
7. A person residing at the facility shall be limited to 60 days of accommodations. (Ord. 3442 § 2(O), 2018; 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)).
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).
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)).
A dwelling group as defined in CVMC 19.04.002 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:
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 Development Services, or designee, 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 Development Services or designee.
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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1874 § 1, 1979; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(13)(12)).
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)).
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 19.04.002: 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 or designee.
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 (B)(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 (B)(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 (D)(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. 3544 § 1, 2023; Ord. 3279 § 3, 2013).
Consistent with Government Code Sections 65582, 65583(a), and 65589.5, all California cities are required to identify a minimum of one zone that permits emergency shelters by right. The purpose of this section is to establish standards to ensure that the development of emergency shelters does not adversely impact adjacent parcels or the surrounding neighborhood, and that they are developed in a manner that protects the health, safety, and general welfare of the nearby residents and businesses, and the character of the City of Chula Vista.
Emergency shelters may be allowed in the I-L industrial zone or an equivalent limited industrial zone within a City approved Sectional Planning Area plan or Specific Plan, subject to a nondiscretionary Development Review Permit pursuant to Government Code Section 65583(a)(4).
Emergency shelters may be allowed in the C-T thoroughfare commercial zone or an equivalent commercial zone or on land designated as “community purpose facilities” (CPF) within a City approved Sectional Planning Area plan or Specific Plan with an approved conditional use permit authorized in accordance with the provisions of CVMC 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090.
Emergency shelters are subject to the following standards. Emergency shelters operating for 30 days or less in any 365-day period which are accessory uses to religious institutions or religious organizations are exempt from this section:
A. No individual shall be denied emergency shelter because of an inability to pay.
B. Emergency shelters shall be operated under the authority of a governing agency or private organization that provides, or that contracts to provide, emergency shelters and which, when required by law, is properly registered and licensed.
C. Emergency shelters shall comply with applicable California Health and Safety Codes.
D. Emergency shelters shall comply with all property development standards of the zone in which they are located, and, in addition, no emergency shelter shall be located within 300 feet of another such facility, said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities.
E. Parking shall be as required by Chapter 19.62 CVMC, Off-Street Parking and Loading.
F. Each emergency shelter shall include, at a minimum, the following:
1. Interior and exterior lighting necessary for security, safety, and operational purposes shall conform to the California Code of Regulations Title 24, Parts 2, 2.5 and 6 or any successor provisions as applicable in effect at the time the application is deemed complete. Exterior lighting shall be stationary, directed away from adjacent properties and public rights-of-way;
2. If client intake is to occur on site, there shall be an indoor client intake/waiting area equal to a minimum of 10 square feet per bed provided at the facility. If an exterior waiting area is also provided, it shall be enclosed or screened from public view and adequate to prevent obstructing of the public right-of-way and required parking and access;
3. Clean, sanitary beds and sanitation facilities, including showers and toiletries; and
4. Segregated sleeping, lavatory and bathing areas if the emergency shelter accommodates both men and women in the same building. Reasonable accommodation shall be made to provide segregated sleeping, lavatory and bathing areas for families.
G. At least one facility manager shall be on site at all hours the facility is open and one hour prior to and after facility operating hours. At least one full-time equivalent employee shall be required to be on site during facility operating hours for every 20 beds in the facility.
H. Emergency shelters may provide one or more of the following types of supportive facilities or services for the exclusive use or benefit of the shelter clients:
1. Central cooking and dining room(s);
2. Recreation areas, indoor and/or outdoors;
3. Laundry facilities for clients to wash their clothes;
4. Intake and administrative offices;
5. Counseling and other supportive services; or
6. Secure storage areas for bicycles and other personal possessions.
I. The agency or organization operating the shelter shall have a written Facility Management Plan consisting of, as applicable, provisions for staff training; neighborhood outreach; security; screening of residents to ensure compatibility with services provided at the facility; training, counseling, and treatment programs for residents; and facility information, including the number of persons who can be served nightly, the location of on-site waiting and intake areas, the provision of on-site management, and on-site security during hours of operation, as established in Government Code Section 65583(a)(4)(A). (Ord. 3442 § 2(O), 2018).
A. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other residential dwellings of the same type in the same zone.
B. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural zone within a City approved Sectional Planning Area plan or Specific Plan. Qualified employee housing is subject to all Municipal Codes, regulations and other standards generally applicable to other agricultural activity in the same zone. (Ord. 3442 § 2(O), 2018).
“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).
Repealed by Ord. 3544 § 6, 2023. (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).
“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).
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)).
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)).
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)).
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)).
A hazardous waste facility as defined in CVMC 19.04.002 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 19.04.002, 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 19.04.002.
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 Development Services, or designee, 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 Development Services, or designee, 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 Development Services, or designee, 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2542 § 6, 1993).
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)).
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)).
Repealed by Ord. 3442 § 2(O), 2018. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(19)).
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).
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)).
The following requirements shall apply to nursing homes (see Definitions, CVMC 19.04.002):
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)).
Repealed by Ord. 2924 § 3, 2003. (Ord. 2296 § 7, 1989).
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)).
(See definition in CVMC 19.04.002.)
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)).
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).
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).
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)).
Single room occupancy residences, as defined in CVMC 19.04.002, are allowed in multiple-family residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan, subject to Government Code Sections 65589.5 and 65583(c)(1). Single room occupancy residences are subject to all Municipal Codes, regulations and other standards generally applicable to multiple-family residential buildings in the same zone. (Ord. 3442 § 2(O), 2018).
Residential facilities, as defined in CVMC 19.04.002, for six or fewer residents are allowed in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan. Residential facilities for seven or more persons are allowed in any zone as an unclassified use with an approved conditional use permit and shall be authorized in accordance with the provisions of CVMC 19.14.030(A), subject to the following standards:
A. If the residential facility consists of individual dwelling units, the maximum density shall not exceed the maximum permitted residential density of the applicable zone.
B. Only one residential facility may be permitted per lot or premises.
C. Residential facilities are not permitted 300 feet from another licensed residential facility with said measurement being defined as the shortest distance between the outside walls of the structures housing such facilities; provided, however, that residential facilities for the elderly, drug and alcohol treatment, foster family housing, or transitional shelter care facilities, as defined in Section 1502(A)(11) of the California Health and Safety Code, are exempt from the requirements of this subsection (C).
D. The facility shall provide off-street parking spaces as required by CVMC 19.62.050(34).
E. All units designed for people with disabilities shall comply with the standards of Title 24 of the California Code of Regulations, also known as the California Building Standards Code, and the applicant must certify that units designed for people with disabilities comply with all applicable federal and state disabled persons accessibility requirements, including but not limited to the Federal Fair Housing Act, Section 504 of the Construction Act of 1973, Title II and/or Title III of the Americans with Disabilities Act of 1990, and the Uniform Federal Accessibility Standards.
F. Congregate dining facilities may be provided, subject to the following conditions:
1. Dining shall be limited to use by residents, guests, and employees of the individual facility; dining shall not be open to the public.
2. A separate service entrance to the kitchen with an adequate loading area shall be provided.
3. Congregate dining floor area shall not count toward calculation of any open space requirements.
G. The facility may include accessory retail and personal service uses appropriate for the population served and limited to use by residents, guests, and employees of the individual facility, subject to the permit requirements of the applicable zone.
1. “Accessory retail” uses are permitted on any site containing attached residential (for sale, rental or residential facility) exceeding the density of 20 dwelling units per net acre. The use may offer a limited selection of convenience goods and services for the daily needs of the residents. Examples may include, but are not limited to: mini-markets under 5,000 square feet; eating establishments, excluding drive-throughs, under 3,000 square feet; retail shops, walk-up banks and/or automated teller machines, or drug stores under 2,000 square feet; and personal services under 2,000 square feet.
2. “Personal service” uses provide nonmedical retail sales and services to individuals as a primary use. Examples may include: barber and beauty shops, clothing rental, dry cleaning pick-up stores with limited equipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, pet grooming with no boarding, shoe repair shops, tailors, tanning salons, and travel agencies. “Personal services” does not include “massage parlor,” which is defined separately in this title.
H. Approval must be obtained from applicable agencies concerning health and safety conditions, and said residential facility must be licensed by such agencies, as required.
I. If a conditional use permit is required, a business license must be obtained concurrently with the conditional use permit. (Ord. 3442 § 2(O), 2018).
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)).
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, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(28)).
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)).
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)).
Supportive housing, as defined in CVMC 19.04.002, and transitional housing, as defined in CVMC 19.04.002, are allowed in residential zones or an equivalent residential zone within a City approved Sectional Planning Area plan or Specific Plan pursuant to Government Code Section 65583(a)(5), and subject to all Municipal Codes, regulations and other standards applicable to other residential dwellings of the same type in the same zone. (Ord. 3442 § 2(O), 2018).
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 Development Services, or designee, they 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(32)).
(See definition in CVMC 19.04.002.)
A. It is unlawful to use a camping trailer, motorhome, 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, motorhomes, 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 Development Services, or designee, 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. 3544 § 1, 2023; 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)).
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 Development Services, or designee, 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 Director of Development Services, or designee.
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 Development Services, or designee, 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. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2993 § 1, 2005; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(34)).
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).
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 Development Services, or designee.
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 Director of Development Services, or designee, 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 Director of Development Services, or designee. Such a fence may be of wood construction. (Ord. 3544 § 1, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(35)).
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)).
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, or designee, shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots). (Ord. 3544 § 1, 2023; Ord. 3256 § 1 (Exh. A), 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982; Ord. 1436 § 3, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(37)).
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, 1972; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.901(B)(38)).
Pursuant to CVMC 19.54.020, housing developments for seniors, as defined in CVMC 19.04.002, 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).
A. 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 Director of Development Services, or designee.
The approval of an RV storage yard granted 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 Development Services Department. 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.
B. Recreational vehicles, specifically motorhomes and camping trailers, parked on a residentially zoned property (R districts) or a property with a residential use, shall not be used as a dwelling, permanent or temporary.
1. No more than a total of two motorhomes or camping trailers shall be parked at any time on a residentially zoned property (R districts) or a property with a residential use. (Ord. 3575 § 13, 2024; Ord. 3544 § 1, 2023; Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2169 § 2, 1986).
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).
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).
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 decision of the Zoning Administrator may be appealed.
Such appeal shall be directed to the Planning Commission and must be filed in writing on forms provided by the Development Services Department with the City Clerk’s Office within 10 business days after the decision is made, as provided in CVMC 19.14.100, and accompanied by the required appeal fee(s). Said appeal shall specify therein that the decision was in error and specifically identify all the facts and circumstances on which claim of error is based, supported by evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If a valid appeal application is received within the time limit, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 30 calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission must make the same written findings required of the Zoning Administrator herein in order to grant the permit, and the decision of the Planning Commission shall be final. (Ord. 3563 § 13, 2024; Ord. 3544 § 12, 2023; Ord. 3153 § 2 (Exh. A), 2010).
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:
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).
A. Purpose and Scope. The purpose of this section is to establish minimum development standards for the placement and maintenance of portable shipping and storage containers within the City in order to maintain the aesthetic appearance of the City, preserve property values, and protect the public health, safety and welfare. These standards are in addition to federal, state, and local laws and regulations. Wherever there is a conflict between this section and other laws or regulations, the more restrictive standard shall apply.
B. Definitions. For the purposes of this section, the following definitions shall apply:
“Portable storage container” means a container typically no larger than eight feet by eight and one-half feet by 16 feet, and transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage (“PODS”) and U-Haul “U-Box” containers.
“Shipping container” means an industrial, portable vessel typically not greater than 40 feet in length, intended for the large-scale shipping or transportation of goods or commodities, and generally designed to be mounted on a rail car, truck, or ship.
C. Allowed Uses. The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine and nuisance abatement pursuant to Chapter 1.30 CVMC.
1. Residential Districts (R Districts).
a. Shipping containers shall not be allowed in any residential zoning district, except in conjunction with an active construction permit.
b. Portable storage containers shall be permitted in any residential zoning district only if confined solely within an existing driveway, or within the public right-of-way with an approved temporary encroachment permit.
2. Commercial Districts (C Districts).
a. Shipping containers shall be permitted as an accessory use in the C-T and C-C zones, subject to the standards set forth in this section.
b. Portable storage containers shall be permitted in any commercial zoning district, including the C-T and C-C zones, subject to the standards set forth in this section.
3. Industrial Districts (I Zones).
a. Within the I-L and I zones, shipping containers shall be permitted by right as either an accessory use, or a principal use with an approved Design Review Permit, subject to the standards set forth in this section.
4. Other Districts Not Specified. Shipping containers and portable storage containers are prohibited unless expressly allowed.
D. Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved construction permit from the City, placed on the same parcel as the construction, and subject to standards set forth in this section.
E. Notwithstanding any other provision of this section, shipping containers and portable storage containers used by the City for a municipal purpose shall not be subject to the standards of this section. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community.
F. Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this section shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall screen the container from the public right-of-way as best as possible. Examples include decorative fencing or landscaping, painting a mural on the container, or relocating the container.
G. Development Standards – Portable Storage Containers. Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the City.
1. Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone.
2. Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of-way with an approved temporary encroachment permit.
3. Duration. Portable storage containers placed on private property shall not remain longer than 30 consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved temporary encroachment permit shall not remain longer than 14 consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than 90 total days in a calendar year.
4. Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Nonstorage use of portable storage containers is not allowed.
5. Permittee Responsibilities. The permittee shall be responsible for ensuring that the portable storage container is removed in a safe manner and that no debris or materials remain on or around the portable storage container site.
H. Development Standards – Shipping Containers. Use of shipping containers shall be subject to the following limitations:
1. General Standards.
a. Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Nonstorage use of shipping containers as a principal use within an industrial zone may be allowed if approved pursuant to this section.
b. Maximum Height. If not stacked, shipping containers shall not exceed nine feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of 20 feet, and placed on a surface that can withstand their weight.
c. Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to fire code regulations and this code, including setbacks from property lines and other location requirements for accessory structures. The Zoning Administrator shall review and approve any changes to setbacks if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses.
d. Signage. No advertising is allowed on or otherwise in conjunction with a shipping container. The exception to this is if the manufacturer’s name is printed on the container.
e. Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery.
2. Commercial Districts.
a. Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited.
b. Buffer from Residential Districts. Shipping containers shall not be located within 300 feet of an existing residential district.
c. Screening. Shipping containers shall be fully screened from public view. Screening may include, but is not limited to, walls or solid fencing, or fast-growing landscaping.
3. Industrial Districts.
a. Frequency.
i. Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this section. Stacking is permitted with height not to exceed 20 feet.
b. Accessory Use.
i. A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre.
ii. No more than 15 shipping containers shall be allowed as an accessory use on a single lot or parcel that is greater than one acre. Stacking is permitted with height not to exceed 25 feet.
iii. A parcel may contain more shipping containers than permitted by obtaining a conditional use permit and approval by the Planning Commission, who, when approving such permit, shall make the following findings:
(A) The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition.
(B) The shipping containers shall be placed in accordance with fire and building code standards.
(C) The shipping containers are, and shall remain in, good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions.
(D) The applicant shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the City.
iv. Setbacks. Stacked shipping containers shall be placed at least 150 feet from any public right-of-way. Nonstacked shipping containers shall be placed at least 100 feet from any public right-of-way.
v. Buffer From Residential Districts. Shipping containers shall not be placed within 500 feet of any residential district.
I. Temporary Use of Shipping Containers. Shipping containers shall be allowed in all zones on a temporary basis when utilized during construction operations for the parcel, pursuant to an approved construction permit, and when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first.
J. Nonconforming Uses – Portable Storage and Shipping Containers.
1. Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the City as of the date of the adoption of this section are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 1.30 CVMC, or other civil or criminal penalties.
2. A shipping container constructed or placed prior to the date of adoption of this section shall be allowed to continue; provided, that the shipping container meets the following conditions:
a. The shipping container is on a parcel in an industrial zone.
b. The shipping container, or use of the container, is not modified, increased, enlarged, or extended beyond that in existence on the date of adoption of this section. (Ord. 3575 § 15, 2024).
A. The purpose of this section is to provide regulations for the establishment of two-unit residential developments and urban lot split parcel maps in single-family zones, to define the approval process for such two-unit residential developments and urban lot split parcel maps in compliance with, inter alia, Section 65852.21 of the Government Code. Two-unit residential developments and urban lot split parcel maps in single-family zones are potential sources of affordable housing and shall be deemed consistent with the General Plan and zoning designation of the lot as provided.
B. For the purposes of this section, the following words are defined:
“Objective development standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Objective subdivision standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Objective zoning standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by the City of Chula Vista, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
“Two-unit residential development” means a development which proposes no more than two new residential units or proposes to add one new residential unit with one existing residential unit on a single parcel in accordance with this chapter.
“Unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21 of the Government Code, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2 of the Government Code, or a junior accessory dwelling unit as defined in Section 65852.22 of the Government Code.
“Urban Lot Split Parcel Map” means a parcel map which seeks to subdivide an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
“Urban Lot Split Subdivision” means a subdivision of an existing single-family zoned parcel to create no more than two new single-family zoned parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
C. Two-Unit Residential Development in Single-Family Zones. A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
1. The two-unit residential development would not require demolition or alteration of any of the following types of housing:
a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c. Housing that has been occupied by a tenant in the last three years.
2. The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
3. The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development has not been occupied by a tenant in the last three years.
4. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
5. The proposed housing development shall be prohibited if it is on a parcel that qualifies under the prohibitions listed in Section 65852.21(a)(2) of the Government Code or any successor provision thereof. Types of prohibited parcels include:
a. A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code;
b. Prime farmland or farmland of statewide importance;
c. Wetlands;
d. Within a high fire hazard severity zone;
e. Hazardous waste site;
f. Within a delineated earthquake fault zone;
g. Within a special flood hazard area subject to inundation by the one percent annual flood (100-year flood) unless it meets one of the following:
i. Subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction;
ii. Meets Federal Emergency Management Agency requirements to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to 44 C.F.R. Parts 59 and 60;
h. Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with 44 C.F.R. Section 60.3(d)(3);
i. Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;
j. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Section 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code);
k. Lands under conservation easement.
D. Development Standards for Two-Unit Residential Development in Single-Family Zones. Two-unit residential developments in single-family zones shall be subject to the following requirements and objective development standards:
1. Number and Size of Units.
a. If a parcel includes an existing single-family home, one additional unit may be developed pursuant to this section.
b. If a parcel does not include an existing single-family home, or if an existing single-family home is proposed to be demolished in connection with the creation of a two-unit residential development, two units may be developed pursuant to this section.
c. No more than four units, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units, may exist on a single-zoned residential parcel.
2. Parking. Off-street parking of up to one space per unit is required, except in either of the following instances:
a. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel.
3. Setbacks.
a. No setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
b. For all other dwelling units proposed in connection with a two-unit residential development, a minimum setback of four feet, or the applicable setback for the zone district, whichever is less, is required from the rear and side property lines.
c. Units may be adjacent or connected if the structures meet building code safety standards and are sufficient to allow separate conveyance.
4. Design. When a two-unit residential development dwelling unit is proposed on a parcel with an existing single-family dwelling unit, the new unit(s) shall utilize the same exterior materials and colors as the existing dwelling unit to the extent practical.
5. Accessory Dwelling Unit Development Exemptions. If an applicant for a dwelling unit developed under CVMC 19.58.020, Accessory buildings, seeks to convert the dwelling unit to a two-unit development pursuant to this section, any and all development exemptions granted to the dwelling unit pursuant to CVMC 19.58.020 shall be null and void subject to the final decision of the Director of Development Services.
6. Short-Term Rental Prohibition. Dwelling units created pursuant to this section shall have rental terms of 30 days or longer and shall not be considered eligible for Short-Term Rental pursuant to CVMC 5.68.050.
E. Urban Lot Split Parcel Map in Single-Family Zones. A proposed parcel map for an urban lot split within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed parcel map meets all of the following requirements:
1. The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area; provided, that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
2. Both newly created parcels are no smaller than 1,200 square feet.
3. The parcel being subdivided meets all the following requirements:
a. The parcel is located within a single-family residential zone as defined in Chapter 19.22 CVMC, R-E – Residential Estates Zone, and Chapter 19.24 CVMC, R-1 – Single-Family Residence Zone.
b. The parcel subject to the proposed urban lot split complies with all provisions of subsections (C) and (D) of this section.
c. The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
d. Neither the owner of the parcel being subdivided, nor any person acting in concert with the owner, has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
e. The parcel conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), except as otherwise expressly provided in this section.
4. Any parcel created by this section shall be used for residential purposes only.
5. All easements required for the provision of public services and facilities shall be dedicated or conveyed by an instrument in a form acceptable to the Director of Development Services Department, or their designee.
6. No more than four total units are allowed on an approved Urban Lot Split Parcel Map, including primary dwelling units, accessory dwelling units, and/or junior accessory dwelling units. This can either mean two units on each parcel, or one unit on one parcel and three units on the other parcel.
7. Units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be subject to and comply with the minimum setback requirements specified in subsection (D)(3) of this section.
8. Parking spaces for new units constructed on an Urban Lot Split Subdivision approved pursuant to this chapter shall be provided in accordance with subsection (D)(2) of this section.
9. Prior to the issuance of a building permit, the property owner shall record a covenant with the County Recorder’s Office, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees. The covenant shall notify future owners of the approved size and attributes of the units, and minimum rental period restrictions. The covenant shall also reflect the number of units approved and provide that no more than two total units may be permitted on any single parcel created using the Urban Lot Split Parcel Map procedures. If an Urban Lot Split Parcel Map was approved, the covenant shall provide that no variances shall be permitted other than those code deviations expressly allowed by this chapter. This covenant shall remain in effect so long as a two-unit residential development exists on the parcel.
10. The Urban Lot Split Subdivision shall comply with all requirements of CVMC Title 18, Subdivisions, and the California Subdivision Map Act except as expressly modified by this chapter.
11. An applicant for an Urban Lot Split Parcel Map shall sign an affidavit, the form and content of which are satisfactory to the Director of Development Services and City Attorney, or their designees, stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the Urban Lot Split Parcel Map. This subdivision shall not apply to an applicant that is a “community land trust,” as defined in Section 402.1(a)(11)(C)(ii) of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
12. Notwithstanding Section 66411.1 of the Government Code, the City shall not impose regulations that require dedications of rights-of-way or the construction of off-site improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
13. Preliminary Title Report. There shall be filed with each Urban Lot Split Parcel Map a current preliminary title report of the property being subdivided or altered.
14. Additional Subdivisions Prohibited. No further subdivision of parcels created using the Urban Lot Split Parcel Map or Urban Lot Split Subdivision procedures of this chapter shall be permitted.
15. The parcels created by this section shall have access to, provide access to, or adjoin the public right-of-way.
F. Application of Objective Standards. Development proposed on lots created by an Urban Lot Split Subdivision shall comply with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel based on the underlying zoning including but not limited to: CVMC Title 18 and Chapters 19.22 and 19.24 CVMC; provided, however, that the application of such standards shall be reduced if the standards would have the effect of physically precluding the construction of two units on either of the resulting parcels created pursuant to this chapter or would result in a unit size of less than 800 square feet. Any waivers or reductions of development standards shall be the minimum waiver or reduction necessary to avoid physically precluding two units of 800 square feet, and no additional variances shall be permitted. No waivers or reductions to applicable requirements regarding size, height, off-street parking, or setbacks shall be approved unless the applicant demonstrates to the Director of Development Services’s satisfaction that there is no other way to physically accommodate two 800-square-foot units on the site.
G. Denial of Two-Unit Residential Development and/or Urban Lot Split Parcel Map. The Development Services Department shall not approve an Urban Lot Split Parcel Map under any of the following circumstances:
1. The land proposed for division is a lot or parcel which was part of an Urban Lot Split Parcel Map that the City previously approved.
2. The subdivision proposes creation of more than two lots or more than four units total among the two lots.
3. The Development Services Department finds that the Urban Lot Split Parcel Map does not meet the requirements of this code or that all approvals or permits required by this code for the project have not been given or issued.
4. The urban lot split’s failure to comply with applicable, objective requirements imposed by the Subdivision Map Act and this code. Any decision to disapprove an Urban Lot Split Parcel Map shall be accompanied by a finding identifying the applicable, objective requirements imposed by the Subdivision Map Act and this code.
5. A proposed two-unit residential development and/or an Urban Lot Split Subdivision may be denied if the Director of Development Services, or their designee, makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project or urban lot split would have a specific, adverse impact, as defined and determined in Section 65589.5(d)(2) of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (Ord. 3575 § 9, 2024; Ord. 3519 § 5, 2022).
A. Intent. To provide the public, professionals, and decision-makers with the City’s objective criteria for approval of multifamily residential and mixed-use projects containing two or more residential units that meet the applicable requirements of California Government Code Section 65913.4. Subject to California Government Code Section 65915 as applicable, these objective design standards, which involve no personal or subjective judgment as further specified in California Government Code Section 65913.4(a)(5), shall be interpreted as requirements rather than general guidelines. All multifamily residential and mixed-use projects applying under the Housing Accountability Act (California Government Code Section 66300) protections and other ministerial project review under state law, shall comply with the provisions under this section. Projects must also comply with all applicable objective zoning code requirements within this title including but not limited to height, setbacks, and floor area ratio, and any applicable California Building Code requirements.
B. Building Architecture.
1. Through the verification of colors and materials on architectural plans or drawings, buildings shall be designed with the same approach to form and massing, roof design, wall and window design, and materials and colors on all elevations. No particular architectural style is required; however, high-quality architecture is encouraged.
2. Buildings at and over three stories tall must have walls that recess a minimum of three feet, at least every 100 feet of wall length, to provide relief along the wall plane.
3. Entirely blank walls are not allowed. A minimum of two architectural details from the following list shall be provided on all building facades at a minimum every 50 feet of street frontage:
a. Windows;
b. Trellises;
c. Balconies;
d. Differentiation in exterior material;
e. Awnings.
4. All street corners shall be enhanced to provide a tower element or an additional architectural detail (list above) to make it distinct from the rest of the building.
5. Where buildings are proposed adjacent to a single-family residential zone, windows, balconies or similar openings shall be oriented so as not to have a direct line-of-sight into adjacent units or onto private patios or back yards adjoining the property line. This can be accomplished through one of the following techniques:
a. Upper story stepback;
b. Window placement;
c. Use of glass block or opaque glass;
d. Placement of mature landscaping, or vertical landscaping (such as the use of columnar-shaped plants) within the rear or side setback areas.
6. Roof design shall be of a single style and slope throughout the project. On a building with a pitched roof, no portion of the main roof shall be flat.
7. Roof lines shall be vertically articulated, at least every 50 feet along the street frontage, through the use of one or more of the following architectural elements:
a. Parapets;
b. Varying cornices;
c. Reveals;
d. Clerestory windows;
e. Varying roof height and/or form.
C. Site Design.
1. Where buildings front along a street, residential units shall have a ground-level primary building entry facing the primary street. Along buildings not located facing a primary street, front entryways of units shall be oriented to face common open space areas such as landscaped courtyard, plaza, or paseo.
a. For mixed-use projects, commercial/office unit entrances shall be oriented to the street, a parking area, or an interior common space. Additionally, community leasing offices do not count towards the commercial requirements. For the purposes of this section, commercial uses are also open for unit residents and the general public.
2. Covered and uncovered parking areas, as well as parking structures, shall be screened from public street frontages. Screening may be accomplished through building placement, landscaping, fencing, or some combination thereof. Where landscaping is used for screening purposes, it shall be no less than four feet tall. Fencing shall comply with subsection (H) within this section.
3. All pedestrian walkways shall be a minimum of four feet in width.
D. Affordable Housing. Projects with inclusionary units shall comply with the applicable requirements set forth within CVMC 19.91.090. Additionally, projects using density bonus shall comply with CVMC 19.90.040.
E. Open Space.
1. Common open spaces are amenities to the surrounding community in addition to required public parkland, and shall meet the following criteria:
a. Developed with recreational uses, including both passive (landscaping) and active amenities (tot lots, picnic areas, etc.).
b. Consist of large areas that are not fragmented by unrelated uses or improvements.
c. A minimum of 200 square feet of usable open space per dwelling unit shall be provided. In addition, it shall have a linear dimension no less than 10 feet.
2. Private open space for residential units can take the form of yard area, porches, verandas, courtyards, patios, and balconies. The total amount provided shall be in accordance with the following, based on unit sizes:
a. Multifamily with one bedroom: 60 square feet;
b. Multifamily with two bedrooms: 80 square feet;
c. Multifamily with three or more bedrooms: 100 square feet;
d. Each additional bedroom over three: 20 additional square feet.
F. Parking.
1. The Project shall comply with the off-street parking ratio requirements set forth in CVMC 19.62.010 through 19.62.130. If the project is using a density bonus, the developer may request the parking ratio set forth in California Government Code Section 65915.
2. Parking shall not be located between the building frontage and a public sidewalk.
3. Additionally, parking areas for more than five vehicles shall be effectively screened by a minimum of 10-foot-wide landscaped strip and a masonry wall or fence of acceptable design between the parking area and the public right-of-way. This strip shall effectively screen the parking lot from the public right-of-way to a minimum height of three-and-a-half feet. Any approved combination of planting mounds, walls, and/or decorative features, which are visually compatible with the proposed development and the surrounding neighborhood, may be utilized.
a. Every 10 parking stalls shall include a landscaped area with one tree and a minimum width of five feet.
4. Any carports adjacent to a single-family residential zone, parking lot areas and carports shall not be located along the single-family neighborhood street frontages. Additionally, the design of carports shall match the project’s overall design theme.
5. Bike Parking. The minimum number of spaces provided shall be 10 percent of the total residential units. Additionally, an inverted “U” bike rack shall be the type of space provided and shall not be separated from building entrances by a road, parking area, or structure.
G. Walls and Fences.
1. The following standards apply to walls and fences:
a. Walls shall be architecturally treated on both sides and incorporate landscaping.
b. Brick, slump stone, tile, textured concrete, stucco on masonry or steel framing, wrought iron, tubular steel fencing, solid decorative walls, or other material walls which require little or no maintenance are required.
c. Wall caps are to be incorporated as a horizontal design element at the top of walls and should not exceed four inches vertical.
d. Plain concrete block walls and chain link fencing are not permitted.
H. Landscaping. All landscaping shall conform to the requirements as specified in the City’s Landscaping Manual, Design Manual, Shade Tree Policy, and Water Conservation Ordinance and as approved by the Director of Development Services or designee.
I. Lighting.
1. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape areas, and pedestrian pathways shall include overnight lighting for safety and security.
2. Lighting shall be recessed or hooded, downward-directed, and located to illuminate only the intended area. It shall not spill beyond the intended area and shall not extend across a property line.
3. Timers and sensors shall be incorporated to avoid unnecessary lighting and avoid unnecessary energy use.
J. Utilities and Trash Enclosure Areas.
1. Utilities, utility vaults, and all mechanical equipment (ground and roof-mounted) shall be screened or hidden from view from the public street.
2. Trash enclosure areas shall be provided in accordance with CVMC 19.58.340.
3. Trash enclosures shall be constructed of the same primary wall material and color as the most adjacent building within the development.
4. Enclosures shall be located in convenient but unobtrusive areas, well-screened with landscaping, and positioned so as to protect adjacent uses from noise and odors. (Ord. 3572 § 2, 2024; Ord. 3559 § 1, 2023).
The construction of new single-family residential, multifamily residential, and mixed-use projects shall comply with the City’s Recycling and Solid Waste Planning Manual, originally adopted by City Council Resolution 2005-023, as amended from time to time. (Ord. 3575 § 16, 2024).