The purpose of performance standards in the control of uses in Chula Vista is to permit potential nuisances to be measured factually and objectively; to ensure that all uses will provide methods to protect the community from hazards and nuisances which can be prevented by processes of control and nuisance eliminations; and to protect industries from arbitrary exclusion or persecution based solely on the nuisance production by any particular type of use in the past. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.701).

No land or building in any district shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosion or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electrical or other disturbances; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such an amount as to affect adversely the surrounding area or adjoining premises; the foregoing are hereinafter referred to as “dangerous or objectionable elements.” No use shall be undertaken or maintained unless it conforms to the regulations of this chapter in addition to the regulations set forth for the district in which such use is situated. (Ord. 1212 § 1, 1969; prior code § 33.702).

Only those uses specified in the industrial zones as subject to performance standards, and uses accessory thereto, are subject to performance standards review procedures specified in this chapter in obtaining a zoning permit, unless either the Building Inspector or the Director of Development Services, or designee, has reasonable grounds to believe that any other proposed use, regardless of zone, is likely to violate performance standards, in which event the applicant shall comply with the performance standards procedures. (Ord. 3544 § 1, 2023; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.702(1)).

Even though compliance with performance standards procedures in obtaining a zoning permit is not required for a particular use, initial and continued compliance is required of every use regardless of zone, and provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any use if there are reasonable grounds to believe that performance standards are being violated by such use. (Ord. 1212 § 1, 1969; prior code § 33.702 (2)).

Any use established before July 8, 1969, and nonconforming as to performance standards shall have five years in which to conform therewith. (Ord. 1212 § 1, 1969; prior code § 33.702(3)).

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same and at any points where the existence of such elements may be more apparent (herein referred to as “at any point”); provided, however, that the measurements necessary for enforcement of performance standards set forth in CVMC 19.66.080 through 19.66.150, namely those measurements having to do with vibration, odors or glare, shall be taken at the following points of measurement:

No vibration, other than from transportation facilities or temporary construction work, shall be permitted which is discernible without instruments at the points of measurement specified in CVMC 19.66.060(A). (Ord. 1212 § 1, 1969; prior code § 33.703(B)).

No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable at the points of measurement specified in CVMC 19.66.060(A). Any process which may involve the creation or emission of any odors shall be provided with an adequate secondary safeguard system of control, so that control will be maintained if the primary safeguard system should fail. There is hereby adopted, as a guide in determining such quantities of offensive odors, Table III, “Odor Thresholds,” in Chapter 5 of the “Air Pollution Abatement Manual,” Copyright 1951, by Manufacturing Chemists Association, Inc., Washington, D.C., as subsequently amended. (Ord. 1212 § 1, 1969; prior code § 33.703(C)).

No direct or sky-reflected glare shall be permitted, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, so as to be visible at the points of measurement specified in CVMC 19.66.060. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.703(D)).

All activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices standard in the industry. Such equipment and devices shall be subject to the approval of the City Fire Chief. Burning of waste materials in open fires is prohibited at any point. (Ord. 1212 § 1, 1969; prior code § 33.703(E)).

No activities shall be permitted which emit electrical disturbance adversely affecting the operation at the point of any equipment other than that of the creator of such disturbance. (Ord. 1212 § 1, 1969; prior code § 33.703(F)).

A person shall not discharge into the atmosphere for a period or periods aggregating more than three minutes in any one hour smoke, as per Section 24242 of the State Health and Safety Code, which is:

A person shall not discharge from any source whatsoever such quantities of air contaminants, including fly ash, dust, fumes, vapors, gases, and other forms of air pollution, as per Section 24243 of the State Health and Safety Code, or other material, which will cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to animals, vegetation, business or property. In no event shall any emission, from any chimney or other source, or any solid or liquid particles in concentrations exceed 0.4 grains per cubic foot of the conveying gas at any point. (Ord. 1212 § 1, 1969; prior code § 33.703 (H)).

No discharge of liquid or solid wastes at any point into public sewer, private sewage system, stream, or bay or into the ground shall be permitted, except in accord with the standards approved by the State Department of Health, or standards specified in the metropolitan sewer agreement and/or applicable local ordinances (Ordinance No. 1097 and Resolution No. 4695) for similar uses of any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces and any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers. (Ord. 1212 § 1, 1969; prior code § 33.703(I)).

The purpose of the performance standards procedures is to insure that an objective, unbiased determination is made in those cases where there may be substantial doubt as to whether an individual land use or group of land uses comply with the performance standards of this chapter, and to formulate practical ways for the alleviation of such noncompliance. (Ord. 1212 § 1, 1969; prior code § 33.704(A)).

Subsequent to a study of a proposed use, the Zoning Administrator may determine that there are reasonable grounds to believe that the proposed use may violate the performance standards set forth in this chapter and may initiate an investigation. (Ord. 1212 § 1, 1969; prior code § 33.704(B)).

Following the initiation of an investigation, the Zoning Administrator may require the owner or operator of any proposed use to submit such data and evidence as is needed to make an objective determination. The evidence may include, but is not limited to, the following items:

Failure to submit data required by the Zoning Administrator shall constitute grounds for denying a zoning permit for any use of land. (Ord. 1212 § 1, 1969; prior code § 33.704(C)).

The Zoning Administrator may require any person, firm or corporation to retain an expert consultant or consultants to study and report as to compliance or noncompliance with the performance standards, and to advise how a proposed use can be brought into compliance with the performance standards. Such consultants shall be fully qualified to give the required information and shall be persons or firms mutually agreeable to the Zoning Administrator and to the owner or operator of the use in question. In the event of inability to select a mutually agreeable consultant, the Planning Commission shall select the consultant. The cost of the consultant’s services shall be borne by the owner or operator of said use. (Ord. 1212 § 1, 1969; prior code § 33.704(D)).

Within 30 days following the receipt of the required evidence, or receipt of the reports of expert consultants, the Zoning Administrator shall make a determination as to compliance or noncompliance with the performance standards. If the Zoning Administrator determines the existing or proposed use is in compliance, he shall authorize the issuance of any permits which may have been withheld pending said determination. (Ord. 1212 § 1, 1969; prior code § 33.704(E)).

The Zoning Administrator may require modifications or alterations in the existing or proposed construction or the operational procedures to insure that compliance with the performance standards will be maintained. The operator shall be given a reasonable length of time to effect any changes prescribed by the Zoning Administrator for the purpose of securing compliance with the performance standards. (Ord. 1212 § 1, 1969; prior code § 33.704 (F)).

The Zoning Administrator’s action with respect to the performance standards procedures may be appealed to the Planning Commission within 10 business days following said action. In the absence of such appeal, the Zoning Administrator’s determination shall be final. Any such 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 application for appeal on forms provided by the Development Services Department has been filed with the City Clerk’s Office and accompanied by the required appeal fee(s), the City Clerk’s Office shall notify the Director of Development Services who shall 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 decision of the Planning Commission shall be final. (Ord. 3563 § 15, 2024; Ord. 3544 § 12, 2023; Ord. 1212 § 1, 1969; prior code § 33.704(G)).

The Building Inspector shall investigate any purported violation of performance standards and, if there are reasonable grounds for the same, shall notify the Zoning Administrator of the occurrence or existence of a probable violation thereof. The Zoning Administrator shall investigate the alleged violation, and for such investigation, may request that the Planning Commission employ qualified experts. If, after public hearing on due notice, he finds that a violation occurred or exists, a copy of said findings shall be forwarded to the Planning Commission. The services of any qualified experts employed by the Zoning Administrator to advise in establishing a violation shall be paid by the violator if said violation is established, otherwise by the City. (Ord. 1212 § 1, 1969; prior code § 33.704(H)).

If, after the conclusion of the time granted for compliance with the performance standards, the Zoning Administrator finds the violation is still in existence, any permits previously issued shall be void and the operator shall be required to cease operation until the violation is remedied. (Ord. 1212 § 1, 1969; prior code § 33.704(I)).