HomeMy WebLinkAbout2025.11.12 Post Agenda
Date:Wednesday, November 12, 2025
Time:6:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Planning Commission Regular Meeting
Watch live in English and Spanish: chulavistaca.gov/boardmeetings
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______________________________________________________________________________
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participate in this meeting, please contact PC@chulavistaca.gov or (619) 691-5041. Providing at least 48
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Gov. Code § 84308 Regulations: To promote transparency and fairness in the governmental decision-
making process, there are rules to prevent public officials from being unfairly influenced by contributors to
their campaigns. The type of activity these laws were enacted to limit is often referred to as “pay-to-play,”
and is governed in California by Government Code section 84308. Parties to any proceedings involving a
“license, permit, or other entitlement for use,” as that term is defined in the Political Reform Act, pending
before the City Council must disclose any campaign contribution over $500 (aggregated) within the
preceding 12 months made by the party, their agent, and those required to be aggregated with their
contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the
name(s) of the contributor(s). "G.C. § 84308 Regulations Apply: Yes" on this agenda indicates that the item
is subject to these regulations.
Time Allotted for Speaking (subject to change by the presiding officer)
- Consent Calendar (any or all items): 3 minutes
- Agenda Items (not on Consent): 3 minutes
- General Public Comment (not on agenda): 3 minutes
Individuals who use a translator will be allotted twice the time.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.PUBLIC COMMENTS
The public may address the Commission on any subject matter within the
Commission's jurisdiction that is not listed as an item on the agenda. State law
generally prohibits the Commission from discussing or taking action on any issue not
included in the agenda. The Commission may schedule the topic for future discussion
or refer the matter to staff.
5.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law. If
you wish to speak on one of these items, please fill out a "Request to Speak" form and
submit it to the Deputy City Clerk prior to the meeting or submit an electronic comment
per the instructions on page one of this agenda.
5.1 Comprehensive Code Update - Consideration of Amendments to the Chula
Vista Municipal Code
4
Location: No specific geographic location.
G.C. § 84308 Regulations Apply: Yes.
Environmental Notice: The proposed action qualifies for the “common sense”
exemption pursuant to the California Environmental Quality Act State
Guidelines Section 15061(b)(3).
Recommended Action:
Conduct a public hearing and recommend the City Council of the City of Chula
Vista adopt an ordinance amending Chula Vista Municipal Code (“CVMC”) Title
1 (General Provisions), Title 3 (Revenue and Finance), Title 5 (Business
Licenses, Taxes, and Regulations), Title 10 (Vehicles and Traffic), Title 12
(Streets and Sidewalks), Title 15 (Buildings and Construction), Title 17
(Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning),
and Title 21 (Historic Preservation).
5.2 Conditional Use Permit for Alcohol Sales within an Existing Vacant Commercial
Tenant Space
100
Location: 2326 Proctor Valley Road (APN: 595-030-59)
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The Project qualifies for a Class 1 Categorical
Exemption pursuant to Section 15301 (Existing Facilities) of the California
Environmental Quality Act (“CEQA”) Guidelines.
Recommended Action:
Conduct a public hearing and adopt a resolution approving Conditional Use
Permit PLN25-0028 (CUP25-0028) to allow the sale of alcoholic beverages for
offsite consumption in an existing commercial tenant space based on the
findings and CEQA exemption, and subject to the conditions contained therein.
City of Chula Vista Planning Commission
November 12, 2025 Agenda Page 2 of 124
6.ACTION ITEMS
Action items are considered individually by the Commission and are expected to elicit
discussion and deliberation.
6.1 Approval of Meeting Minutes 122
Recommended Action:
Approve minutes dated: September 24, 2025
7.STAFF REPORT
8.CHAIR'S COMMENTS
9.COMMISSIONERS' COMMENTS
10.ADJOURNMENT
to the regular meeting on November 26, 2025, at 6:00 p.m.
Materials provided to the Planning Commission related to any open-session item on
this agenda are available for public review at www.chulavistaca.gov/boardmeetings or
the City Clerk's Office at 276 Fourth Ave, Chula Vista.
City of Chula Vista Planning Commission
November 12, 2025 Agenda Page 3 of 124
v . 0 0 1 P a g e | 1
November 12, 2025
ITEM TITLE
Comprehensive Code Update - Consideration of amendments to the Chula Vista Municipal Code
Location: No specific geographic location.
G.C. § 84308 Regulations Apply: Yes.
Environmental Notice: The proposed action qualifies for the “common sense” exemption pursuant to the
California Environmental Quality Act State Guidelines Section 15061(b)(3).
Recommended Action
Conduct a public hearing and recommend the City Council of the City of Chula Vista adopt an ordinance
amending Chula Vista Municipal Code (“CVMC”) Title 1 (General Provisions), Title 3 (Revenue and Finance),
Title 5 (Business Licenses, Taxes, and Regulations), Title 10 (Vehicles and Traffic), Title 12 (Streets and
Sidewalks), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions),
Title 19 (Planning and Zoning), and Title 21 (Historic Preservation).
SUMMARY
This item consists of proposed amendments to the CVMC covering numerous topics. These updates will
help streamline and clarify permit processes/regulations and comply with State Law.
HOUSING IMPACT STATEMENT
No housing units are proposed as part of the Project. However, some of the proposed amendments
streamline regulatory requirements and reduce constraints that could in the future increase the supply of
housing.
ENVIRONMENTAL REVIEW
The proposed legislative action was reviewed for compliance with the California Environmental Quality Act
(“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA
Guidelines Section 15061(b)(3). The action involves only updates and modifications to the CVMC, including
creating additional standards for temporary storage containers, streamlining permitting of fueling facilities,
and clarifying the process for administrative citations. Furthermore, the action of updating and modifying
the CVMC with procedural and clerical changes will not result in an intensificatio n of uses or a change in
development potential within the City of Chula Vista (“City”) above what already is permitted under the
existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature
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and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility
that the action may have a significant effect on the environment.
DISCUSSION
Background
Within the past five (5) years, as development has increased within the City, so has the list of amendments
to the CVMC. On March 7, 2023, and June 11, 2024, the City Council adopted Ordinances approving two (2)
comprehensive updates to the CVMC, amending primarily Title 19 and other various Titles. The proposed
revisions in this comprehensive code update item aims to continue to streamline and clarify permit
processes/regulations, fix outdated references, and comply with State Law.
Proposed Amendments
A list of the proposed code amendments can be found within Table 1. Each individual item is grouped into
three (3) broader categories: Procedural, State Law Compliance, and Land Use and Development.
“Procedural” refers to revisions that are procedural in nature and/or contain formatting changes. In this
revision, this includes the following items: 1) Expanding the procedures for administrative citations and
enforcement; 2) Clarifying the permit expiration process for cannabis businesses; and 3) Making consistent
the timelines and procedures for public noticing and appeal applications.
“State Law Compliance” refers to revisions required with continued State Law compliance. This includes
the following items: 1) Establishing a permitting process for hydrogen fueling facilities pursuant to Senate
Bill (SB)1418; and 2) Clarifying what development projects are exempt from development impact fees,
pursuant to Government Code Section 66001.
“Land Use and Development” refers to revisions within Title 19 to land use or development standards. This
includes the following items: 1) Temporary and Permanent Storage Containers; and 2) Recreational Vehicle
Storage and Habitation.
Table 1 – Proposed Municipal Code Amendments
Procedural
Topic Issue Solution CVMC Location
Administrative
Citations and
Enforcement
Procedures
Cannabis Permits
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businesses let their licenses
lapse.
longer valid if the City does
not receive a renewal
application by the previous
year’s license expiration date.
Licenses, Taxes,
and
Regulations)
Public Noticing
and Appeal
Processing
Timeframes
Discrepancies exist within
the CVMC related to the
timeframes for both public
noticing and appeal
applications; some are based
on business days and others
on calendar days creating
confusion.
1) Development projects
requiring a public notice
and an adoption of an
ordinance, to be 20
calendar days prior to the
hearing (AB2904).
2) Development projects
requiring a public notice
and an adoption of
resolution, to be 10
calendar days prior to the
hearing.
3) Appeal period timeframes
for all project types to be
10 calendar days after the
decision hearing date.
Title 10
(Vehicles and
Traffic)
Title 12
(Streets and
Sidewalks)
Title 15
(Buildings and
Construction)
Title 17
(Environmental
Quality)
Title 18
(Subdivisions)
Title 19
(Planning and
Zoning)
Title 21
(Historic
Preservation)
State Law Compliance
Topic Issue Solution CVMC Location
Development
Impact Fee Project
Exemptions
Government Code Section
66001 requires all
development that contributes
to the need for public
facilities, including publicly
initiated projects, must bear
its proportionate share of
cost. Exempting such projects
effectively shifts their impact
costs to unrelated private
developments, violating the
principles of nexus and
proportionality.
Revise the applicable CVMC
sections for consistency with
Government Code Section
66001.
Title 3
(Revenue and
Finance)
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Additionally, fee allocations
must reflect actual,
measurable impacts from the
development benefiting from
the exemption.
Hydrogen Fueling
Facilities
SB1418 requires jurisdictions
larger than 250,000 people to
allow hydrogen fueling
facilities in commercial and
industrial zones.
Allow hydrogen fueling
stations as a permitted use in
commercial and industrial
zones.
Title 19
(Planning and
Zoning)
Land Use & Development
Topic Issue Solution CVMC Location
Temporary and
Permanent
Storage Containers
Typically, temporary
containers are used for
moving and storage
purposes. Permanent storage
containers are typically used
by business owners for
storage in the rear of
properties.
Additional language is
needed regarding the
placement/location of said
containers, and the
permitting process if they are
to be located within the
public right-of-way.
Clarify that a container shall
be placed first on-site either
in a garage or driveway, and
then in the public right-of-
way. Specify a temporary
encroachment permitting
process will be required for
any container to be
temporarily stored in the
public right-of-way.
Title 19
(Planning and
Zoning)
Recreational
Vehicle Storage
and Habitation
Residential property owners
can store recreational
vehicles and/or trailers on
their property. However, City
Code Enforcement Officers
routinely deal with
complaints from the public
regarding people living in
these vehicles for extended
periods of time.
Additionally, there are two
separate sections within the
CVMC speaking to this topic
that need to be consolidated
into one resource.
Consolidate two sections
within this Title to create one
area for recreational vehicle
storage and habitation
standards and establish
timeframes for vehicle
habitation to discourage
extended or permanent
residency.
Title 19
(Planning and
Zoning)
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Development Oversight Committee
The Development Services Oversight Committee (“Oversight Committee”) was formed to work with staff to
identify areas within the Development Services Department needing improvement and assist in the
development of workable solutions, and is comprised of developers, business owners, community
organizations, engineers, architects, and contractors.
The Oversight Committee was provided the draft CVMC amendments for review on September 4, 2025, and
approved the proposed amendments.
CONCLUSION
To streamline improvements for both the overall City and specifically the Development Services Department,
staff recommends that the Planning Commission recommend the City Council to adopt an ordinance as
recommended by staff amending CVMC Title 1 (General Provisions), Title 3 (Revenue and Finance), Title 5
(Business Licenses, Taxes, and Regulations), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks),
Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19
(Planning and Zoning), and Title 21 (Historic Preservation).
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the Planning Commission members do not create a disqualifying
real property- related financial conflict of interest under the California Political Reform Act (Cal. Gov’ t. Code
§ 87100, et seq.). Staff is not independently aware and has not been informed by any Planning Commission
member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
There is no current fiscal year or ongoing fiscal impact to the General Fund or Development Services Fund
as a result of the adoption and implementation of the proposed ordinance.
ATTACHMENTS
1 – Resolution
2 – Draft City Council Ordinance
3 – Draft Amendment related to Administrative Citations and Enforcement Procedures
4 – Draft Amendment related to Cannabis Permits
5 – Draft Amendment related to Public Noticing and Appeal Processing Timeframes
6 – Draft Amendment related to Development Impact Fee Project Exemptions
7 – Draft Amendment related to Hydrogen Fueling Facilities
8 – Draft Amendment related to Temporary and Permanent Storage Containers
9 – Draft Amendment related to Recreational Vehicle Storage and Habitation
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services
D. Todd Philips, Ed.D, Planning Manager, Development Services
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RESOLUTION NO. 2025-
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVE AMENDMENTS TO CHULA
VISTA MUNICIPAL CODE TITLE 1 (GENERAL PROVISIONS), TITLE 3
(REVENUE AND FINANCE), TITLE 5 (BUSINESS LICENSES, TAXES AND
REGULATIONS), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12
(STREETS AND SIDEWALKS), TITLE 15 (BUILDINGS AND
CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18
(SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21
(HISTORIC PRESERVATION).
WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have
been identified to help further streamline and clarify permit processes/regulations, and comply
with State Law; and
WHEREAS, in 2009, the Development Services Oversight Committee (“Oversight
Committee”) was formed to work with staff in identifying areas within the Development Services
Department needing improvement and assisting in developing workable solutions; and
WHEREAS, staff presented the draft CVMC amendments to the Oversight Committee,
which recommended adoption; and
WHEREAS, the proposed legislative action has been reviewed for compliance with the
California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the
“common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action
involves only updates and modifications to the CVMC, including creating additional standards for
temporary storage containers, streamlining permitting of fueling facilities, and clarifying the
process for administrative citations. Furthermore, the action of updating and modifying the CVMC
with procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and
type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment; and
WHEREAS, a hearing time and place was set by the Planning Commission to consider the
CVMC amendments and notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City, at least ten (10) business days prior
to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC
amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue,
before the Planning Commission and the hearing was thereafter closed.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
CVMC Title 1, Title 3, Title 5, Title 10, Title 12, Title 15, Title 17, Title 18, Title 19, and Title 21
related to streamlined improvements for both the overall City and specifically the Development
Services Department.
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that
the City Council of the City of Chula Vista find that the proposed amendments to the Chula Vista
Municipal Code identified in this Resolution qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications
to the CVMC, including creating additional standards for temporary storage containers,
streamlining permitting of fueling facilities, and clarifying the process for administrative citations.
Furthermore, the action of updating and modifying the CVMC with procedural and clerical
changes will not result in an intensification of uses or a change in development potential within
the City above what already is permitted under the existing land use and zoning policies of the
CVMC that are being updated. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may
have a significant effect on the environment.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council.
Presented by Approved as to form
_______
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA
COMPREHENSIVELY AMENDING CHULA VISTA
MUNICIPAL CODE (CVMC) TITLE 1 (GENERAL
PROVISIONS), TITLE 3 (REVENUE AND FINANCE), TITLE 5
(BUSINESS LICENSES, TAXES AND REGULATIONS), TITLE
10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND
SIDEWALKS), TITLE 15 (BUILDINGS AND
CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY),
TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND
ZONING), AND TITLE 21 (HISTORIC PRESERVATION).
WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have
been identified to help further streamline and clarify permit processes and regulations; and
WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”)
was formed to work with staff in identifying areas within the Development Services Department
needing improvement and assisting in developing workable solutions; and
WHEREAS, staff presented the draft CVMC amendments to the Oversight Committee,
which recommended adoption; and
WHEREAS, the proposed legislative action was reviewed for compliance with the
California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the
“common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action
involves only updates and modifications to the CVMC, including creating additional standards for
temporary storage containers, streamlining permitting of fueling facilities, and clarifying the
process for administrative citations. Furthermore, the action of updating and modifying the CVMC
with procedural and clerical changes will not result in an intensification of uses or a change in
development potential within the City above what already is permitted under the existing land use
and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and
type of these procedural and clerical changes to the CVMC, there is a certainty that there is no
possibility that the action may have a significant effect on the environment; and
WHEREAS City staff recommends that the City Council approve and adopt the Ordinance
with the proposed changes to CVMC; and
WHEREAS, the Planning Commission held an advertised public hearing on the subject
Ordinance and voted _____ to adopt Resolution No. ______, and thereby recommends that the
City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject CVMC
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and
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WHEREAS, after review and consideration of the Planning Commission Resolution No.
2025-____, and the Staff Report and related materials for this matter, the hearing was held to consider
said CVMC amendments and Ordinance at the time and place as advertised in the Council Chambers,
276 Fourth Avenue, before the City Council and the hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. qualifies for the “common sense” exemption under
State CEQA Guidelines Section 15061(b)(3). The action involves only updates and modifications
to the CVMC, including creating additional standards for temporary storage containers,
streamlining permitting of fueling facilities, and clarifying the process for administrative citations.
Furthermore, the action of updating and modifying the CVMC with procedural and clerical
changes will not result in an intensification of uses or a change in development potential within
the City above what already is permitted under the existing land use and zoning policies of the
CVMC that are being updated. Based on an analysis of the nature and type of these procedural and
clerical changes to the CVMC, there is a certainty that there is no possibility that the action may
have a significant effect on the environment.
FURTHER, the Chula Vista Municipal Code is hereby amended as follows:
Section I. Administrative Citations and Enforcement Procedures.
Chapter 1.41
ADMINISTRATIVE COMPLIANCE
AND ENFORCEMENT PROCEDURESREMEDIES
Sections:
1.41.010 Purpose and intent.
1.41.020 ReservedOverview of process.
1.41.030 Notice of violation.
1.41.040 Recordation of notice of violation.
1.41.050 Nonissuance of permits.
1.41.060 Reinspection fees.
1.41.070 Cease and desist orders.
1.41.080 Reserved.
1.41.090 Reserved.
1.41.100 Administrative citations.
1.41.110 Civil penalties.
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1.41.120 Abatement action.
1.41.130 Reserved.
1.41.140 Cost recovery.
1.41.150 Confirmation of costs.
1.41.160 Enforcement.
1.41.170 Satisfaction of lien or obligation.
1.41.180 Abatement fund.
1.41.010 Purpose and intent.
A. It is the purpose and intent of the City Council to establish administrative procedures
remedies for obtaining prompt compliance in the correction of both major and minor violations
of the Chula Vista Municipal Code and state law. Conditions in violation of the Municipal
Code or state law which affect conditions upon or uses of real property within th e City of Chula
Vista are hereby designated nuisances. The procedures authorized or identified by this chapter
are the following: notices of violation; administrative citations; administrative fines and
penalties; cease and desist orders; abatement of nuisances; recordation of notices of violation;
authorization to charge reinspection fees; cost recovery for costs of enforcement; confirmation
of costs; and recordation of liens and assessments for cost recovery.
B. C. Each day a violation exists on real property is a continuing and additional violation,
and all remedies, penalties and assessments are cumulative.
CB. The procedures remedies established in and through this chapter may cross reference,
consolidate or incorporate by reference, as applicable, enforcement methods established
elsewhere in this code, in order to create a uniform process for prompt code compliance,
administrative due process and effective enforcement.
DH. Various steps or procedures under this chapter may require notice and a hearing pursuant
to Chapter 1.40 CVMC. When appropriate, notice and hearing requirements for separate
administrative actions may be consolidated.
EC. The City Manager, any cognizant Director and the City Attorney are each authorized to
utilize and initiate the procedures remedies established in this chapter and Chapters 1.30 and
1.40 CVMC.
FD. The procedures remedies in CVMC Title 1 may be used as a supplement to criminal or
judicial enforcement action, or both, or in lieu thereof. Selection of one method shall not
preclude the use of any other method or combination of methods when appropriate.
GE. The terms “abatement,” “City Manager,” “code enforcement officer,” “Director,”
“nuisance,” and “responsible party” are as defined in CVMC 1.04.010.
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1.41.020 Reserved.1.41.020 Overview of process.
A. Violations of the Municipal Code affecting uses of or conditions upon real property may
be corrected through the issuance of a notice of violation pursuant to CVMC 1.41.030 to the
responsible party requiring certain actions to be taken to bring the property or structure into
compliance. The responsible party will be allowed a reasonable period of time in which to
correct the violation, normally not less than 10 calendar days. Failure to comply within the
time prescribed can then result in the issuance of an administrative citation in accordance with
CVMC 1.41.100 or any other method or combination of methods deemed appropriate.
B. An administrative citation is a notice to the responsible party which mandates the
corrective action and establishes a fine as a penalty for the prior noncompliance of the notice
of violation. Subsequent administrative citations may be issued with increased penalty.
Corrective action that may be required of a responsible party includes, but is not limited to, the
removal of encroachments into public property, the mitigation or restoration of land or
adjoining property for illegal grading or development, the removal or modification of
blockages of drainage ways and the removal of structures to rectify any code violation or cure
any hazardous condition. It includes any other process necessary for abatement. In addition,
through the notice and hearing procedures of Chapte rs 1.30 and 1.40 CVMC, the responsible
party can be made subject to an order of abatement through which the corrective work will be
undertaken by the City and the cost will be imposed as a lien against the property if the
responsible party fails to respond.
C. Each day a violation exists on real property is a continuing and additional violation, and
all remedies, penalties and assessments are cumulative.
D. In addition to a notice of violation, a cease and desist order can be issued pursuant to
CVMC 1.41.070 to one or more responsible parties or other persons who perform work in
violation of a permit or without a required permit. Violation of the cease and desist order is a
separate misdemeanor. A responsible party or any person on scene actively conducting the
violation under the direction of a responsible party is subject to arrest without a warrant for
continuing work in violation of the cease and desist order, as well as for the actions constituting
the violation of this code. A responsible party can be required to obtain necessary permits,
restore or revegetate the property, or both, and correct or mitigate the consequences of the
violation. Administrative citations can also be issued assessing administrative fines for both
the creation of and the continuance of the violation.
E. If the responsible party fails or refuses to correct the violation, proceedings may be
undertaken to abate any existing or resulting nuisance, pursuant to Chapter 1.30 CVMC.
Abatement orders authorize a Director to enter upon property and correct the violation or
condition, or the removal of encroachment upon public property. Enforcement costs may be
imposed against the responsible party and noncomplying property.
F. During the pendency of the violation and the enforcement process, a notice of violation
may be recorded against the property pursuant to CVMC 1.41.040 describing the particulars
of the violation to insure that the property is properly abated prior to or upon transfer. The
recorded notice of violation will be released upon issuance of a notice of compliance which
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shall be recorded by the Director in due course within 15 days after request for such release by
the property owner.
G. During the inspection and enforcement process, cost recovery can be imposed for the cost
of reinspection (CVMC 1.41.060) and the costs of City services to abate (Chapter 1.30 CVMC
and CVMC 1.41.140). These costs may be recorded as a lien against the property following
the procedures under this chapter or the waiver thereof by the responsible party.
H. Various steps or procedures under this chapter may require notice and a hearing pursuant
to Chapter 1.40 CVMC. When appropriate, notice and hearing requirements for separate
administrative actions may be consolidated.
1.41.030 Notice of violation.
A. A code enforcement officer is authorized to serve a notice of violation upon a responsible
party for any violation of the Municipal Code. The notice of violation will describe the
violation, the dates and location of the violation, the applicable code section(s), the corrective
action required and a date for compliance reinspection. The responsible party will b e advised
that a reinspection fee (CVMC 1.41.060) will be imposed for a second and all subsequent
reinspection if compliance is not voluntarily obtained, and that an administrative citation , civil
penalty, or any other remedy may also be issued along with civil penalties pursuant to CVMC
1.41.100 and 1.41.110 imposed until the property is brought into compliance. The responsible
party will be allowed a reasonable amount of time to correct a violation. Typical compliance
times may range between a minimum of 10 and calendar days to correct minor violations and
no less than 30 calendar days dependent upon the nature of the for major violation(s).
Immediate corrections may be required for violations that are easily corrected or present an
imminent risk to health and safety. A code enforcement officer may extend the compliance
time frame for a reasonable period beyond those limits if appropriatecircumstances dictate.
The notice of violation will inform the responsible party of the potential costs and
consequences that may ensue under this chapterbe imposed if voluntary compliance is not
obtained within the time prescribed. If the violation is corrected in acco rdance with the terms
of the notice of violation, no costs or charges will be imposed.
B. Service of a notice of violation is effective upon delivery or mailing pursuant to this
section. Failure or refusal to sign does not invalidate the notice of violation and subsequent
proceedings.
C. The property will be reinspected once for compliance. If the responsible party refuses to
allow inspection, after a reasonable demand, the code enforcement officer may obtain an
inspection warrant pursuant to Code of Civil Procedure Section 1822.50. Failure of the
responsible party to allow inspection or remedy the violation shall result in the issuance of an
administrative citation, the charging of reinspection fees, and may result in a separate criminal
violation for the failure to allow inspection (CCP Section 1822.57).
D. If the violation also constitutes the performance of work without a required permit or in
violation of an issued permit, the code enforcement officer may issue a cease and desist order
pursuant to CVMC 1.41.070 to temporarily and immediately enjoin the work and to take any
other action appropriate at that time. If the violation creates a hazardous condition which
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affects public safety or an imminent threat to life, safety, summary abatement may be initiated
pursuant to this section.
1.41.040 Recordation of notice of violation.
A. Whenever a violation on real property remains uncorrected after a notice of violation has
been issued, a copy of the notice of violation may be recorded by the Director in the real
property records of San Diego County if the following prerequisites are met:
1. A violation has remained uncorrected on the property for at least 30 calendar days
following service of the notice of violation;
2. The property owner, if not the responsible party, has been notified of the prospective
recordation and been offered the opportunity to correct the violation;
3. The property owner and all of the responsible parties have been shall be notified that
development permits shall be withheld during the time the property remains in violation
pursuant to CVMC 1.41.050, except for those permits that are necessary to bring the
property into compliance;
4. The responsible party and the property owner have been noticed and offered a hearing
pursuant to Chapter 1.40 CVMC to contest the proposed corrective action and the
proposed recordation.
B. The Director is authorized to record the notice of violation pursuant to this section upon
issuance of the final order.
C. Cancellation of Recordation. The Director shall issue to the property owner and other
responsible parties a signed notice of compliance which states on its face that it cancels the
notice of violation once all violations have been corrected and any administrative penalties,
costs and fines involved in the enforcement process have been paid. The notice of compliance
shall be recorded by the Director if the notice of violation was recorded.
1.41.050 Nonissuance of permits.
After a notice of violation has been recorded against the property pursuant to CVMC 1.41.040,
the City ManagerDirector of Development Services shall withhold the issuance of any permits
for development as allowed by law upon that property, save for those permits necessary to
correct the violation(s). A party whose permits are to be withheld shall be noticed as part of
the recordation process pursuant to CVMC 1.41.040 and offered a hearing pursuant to Chapter
1.40 CVMC in which to contest this decision.
1.41.060 Reinspection fees.
A. Reinspection fees are authorized to recover City costs when excessive time and effort
becomes necessaryare required to obtain code compliance. Reinspection fees are an
appropriate method to recover costs that are disproportionately attributable to recalcitrant
responsible parties.
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B. After a notice of violation , or an administrative citation, or any is issued, or another order
is issued by or under the authority of a Director which requires corrective action by a
responsible party, that party will be notified that it will be liable for any reinspection fees
necessary if the condition remains uncorrected. The first inspection following the issuance of
the notice of violation, citation or order is considered part of the normal cost of enforcement
and will not be charged if the condition is then promptly corrected. Otherwise, it will be
included as part of the costs of enforcement.
C. Reinspection fees may be collected and enforced as part of the enforcement process or in
combination with other administrative proceedings under this chapter, provided the
responsible party was notified in advance of its liability for reinspection fees under subsection
(B) of this section. Appeals, service of notice and hearing procedures are established in Chapter
1.40 CVMC.
D. Reinspection fees will be charged on the basis of actual staff time utilized for th e
inspection(s), based upon the master fee schedule on file in the office of the City Clerk.
1.41.070 Cease and desist orders.
A. A Director or code enforcement officer is authorized to issue personally, or to serve in
accordance with CVMC 1.40.030, a written cease and desist order upon any person violating
a provision of the Municipal Code through which work is being performed without a permit,
if required, or in violation of an issued permit. The cease and desist order may be served
personally or in accordance with CVMC 1.04.030.Cease and desist orders are particularly
appropriate for violations of land grading, watercourse and water and sewer regulations and
related work which alters the condition of real property or through which environmental
degradation or pollution will continue to occur if not stopped immediately.
B. It is unlawful for any person to whom a cease and desist order has been personally issued
or served to continue to perform work in violation of the terms of that order.
C. It is unlawful for any responsible party to whom a cease and desist order has been served
to continue to perform work or to allow or permit another to continue to perform work in
violation of the terms of that order.
D. Prosecution under subsection (B) or (C) of this section does not bar prosecution or
administrative enforcement, or both, of the previous underlying violations for any or all days
the violation had been in existence, or for the continuance of the underlying violation.
E. Any Director or code enforcement officer in whose presence a violation of subsection (B)
or (C) of this section occurs may arrest the violator without a warrant, and a police officer may
accept custody of that arrestee for criminal enforcement processing.
F. The Director may initiate other administrative enforcement and compliance methods in
accordance with this chapter and Chapters 1.30 and 1.40 CVMC, as appropriate.
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1.41.080 Reserved.
1.41.090 Reserved.
1.41.100 Administrative citations.
A. The Council finds that there is a need for an alternative method of enforcement for minor
violations of the Municipal Code and applicable state codes. The Council further finds that an
appropriate method of enforcement for minor violations is an administrative citation program.
The procedure established in this section shall be in addition to criminal, civil or any other
legal remedy established by law which may be pursued to address violations of the Municipal
Code or applicable state code.
B. An administrative citation imposing an administrative fine can be issued to a responsible
party for violation of a regulatory provision of this code or state law., and the responsible party
be required to pay an administrative fine. Administrative citations and penalties are particularly
appropriate in cases of structural, building and zoning violations that do not create an
immediate danger to health or safety if the responsible party has failed to correct the violation
after the issuance of a notice of violation pursuant to CVMC 1.41.030.
C. An administrative citation may be issued in lieu of a Notice of Violation or the initiation
of a criminal action for the same violation. Administrative citations are not a prerequisite to
any other remedy and need not be issued sequentially. However, in particularly egregious
cases, criminal enforcement may be appropriate for continuing violations if the administrative
citation is ignored by the responsible party.
D. The amount of fine attached to an administrative citation fine that may be imposed for
each separate violation of the same code section is as follows:
1. Administrative citation fines may be issued in the following amounts: Two hundred
fifty dollars ($250.00), fiveFiveOne hundred dollars ($5100.00), for a first violation; one
thousand dollars ($1,000200.00), or one thousand five hundred dollars for a second
violation within the 12 calendar months of the first violation; ($1,500.00). for each
additional violation occurring after the second violation and within 12 months of any prior
violation.
2 . In determining the amount of the fine to be imposed, the Department issuing officer
should consider the following factors:
a. Duration of the violation;
b. Frequency or occurrence of the violation;
c. Seriousness of the violation in relation to its threat or impact upon public health,
welfare or safety;
d. History of the violations;
e. Activity taken by the responsible party to obstruct or interfere with correction of
the problem;
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f. Good faith or bad faith efforts by the responsible party to comply;
g. The impact of the violation on the surrounding property and community;
h. The financial ability of the responsible party to have corrected the violation in a
timely fashion.
3. Except, if a violation is determined or designated to be an infraction in the Municipal
Code, then the penalties are as follows:
a. A fine not exceeding one hundred dollars ($100) for a first violation.
b. A fine not exceeding two hundred dollars ($200) for a second violation of the same
ordinance within one year.
c. A fine not exceeding five hundred dollars ($500) for each additional violation of the
same ordinance within one year.
4. Notwithstanding any other law, a violation of local building and safety codes
determined or designated to be an infraction is punishable by the following:
a. A fine not exceeding one hundred thirty dollars ($130) for a first violation.
b. A fine not exceeding seven hundred dollars ($700) for a second violation of the same
ordinance within one year.
c. A fine not exceeding one thousand three hundred dollars ($1,300) for each additional
violation of the same ordinance within one year of the first violation.
1. A fine not exceeding two thousand five hundred dollars ($2,500) for each
additional violation of the same ordinance within two years of the first violation
if the property is a commercial property that has an existing building at the time
of the violation and the violation is due to failure by the owner to remove visible
refuse or failure to prohibit unauthorized use of the property.
4. Issuance of an administrative citation and payment of the administrative fine does not
excuse compliance and corrective action regarding the violations. Although continuing
violations of the Municipal Code are separate offenses, the responsible party shall be
allowed a reasonable time of not more than 1030 days in which to correct the violation
before a second or subsequent administrative citation may be issued.
5.43. A responsible party may request administrative review of an administrative citation
pursuant to Chapter 1.40 CVMC.
E. The administrative citation shall contain the following information:
1. Date of the violation;
2. Address and location of violation;
3. Description of violation;
4. Applicable codes and statutory sections violated;
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5. Corrective action required;
6. An order to bring the violation into compliance;
7. Notice of the fines to be imposed;
8. A date, not less than 20 days, by which payment of the fine must be made;
9. Location and acceptable methods for payment;
10. Notification that payment does not excuse correction of the violation;
11. Notice of right to request review pursuant to Chapter 1.40 CVMC.
F. A party filing a timely request for review pursuant to Chapter 1.40 CVMC shall post a
deposit with the Director. Enforcement of the administrative fine shall be stayed pending the
decision of a hearing examiner if a hearing is requested. Procedures for review shall be in
accordance with Chapter 1.40 CVMC. The deposit will be returned if the appeal is granted. A
final order is not subject to judicial review after 20 days have elapsed from the date of its
issuance, unless the party complies with Government Code Section 53069.4. See CVMC
1.40.020(H). A final order may be enforced pursuant to CVMC 1.41.160.
1.41.110 Civil penalties.
A. The Council finds that there is a need for alternative methods of enforcement of the Chula
Vista Municipal Code and applicable state codes. The Council further finds that the assessment
of civil penalties through an administrative hearing procedure for co de violations is a necessary
alternative method of code enforcement. The administrative assessment of civil penalties
established in this section is in addition to any other administrative or judicial remedy
established by law which may be pursued to address violations of the Municipal Code or
applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the
Municipal Code or applicable state codes, whether of the same section or any combination,
that reflect a continuing disregard for the requirements of such laws. The Director may issue a
notice and order to the responsible party assessing a civil penalty pursuant to this section. The
civil penalty may be enforced against the responsible party as a lien pursu ant to CVMC
1.41.140.
C. Except for violations of land grading ordinances contained in Chapter 15.04 CVMC and
violations of commercial cannabis provisions contained in Chapter 5.19 CVMC, civil penalties
may be assessed at a rate not to exceed $2,500 per violation per day.
D. The civil penalty for violations of land grading permits or land grading work done without
the issuance of a permit shall be based on an estimate by the Director of grading work
performed. The rate of civil penalties shall be as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from
grading permit under CVMC 15.04.150: $1,000 per violation;
2. Two hundred fifty-one (251) to 500 cubic yards: $5,000 per violation;
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3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a
second violation of the land grading permit ordinance, either on the same property or
different property and whether or not part of the same development, the rate of civil
penalties shall be doubled. For third and subsequent violations, the rate of civil penalties
shall be multiplied by a factor of four.
E. Civil penalties for violations of Chapter 5.19 CVMC may be assessed at a rate not to
exceed $10,000 per violation per day.
F. Civil penalties under this section may be accrued retroactive to the date the violations were
first discovered, as evidenced by the issuance of a notice of violation pursuant to CVMC
1.41.030, or any later date determined by the Director. In determining the amount to be
imposed on a daily rate, the Director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health,
welfare or safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the
problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
9. The financial ability of the responsible party to have corrected the violation in a timely
fashion.
G. The Director shall comply with Chapter 1.40 CVMC concerning notice of the proposed
civil penalties and the right to a hearing to contest or confirm. Unless contested, the notice and
order shall be final and be enforced pursuant to CVMC 1.41.160. If contested, the hearing
examiner shall limit the hearing to the following issues:
1. Whether the responsible party maintained a use or condition on real property that
violated the Municipal Code or state law on the dates specified; and
2. Whether the civil penalty assessed is consistent with the criteria expressed in
subsection (F) of this section. The hearing examiner may, however, exercise discretion
pursuant to CVMC 1.40.020(E) and increase or decrease the penalties assessed to a level
determined to be supported by the evidence meeting the criteria under subsection (F) of
this section.
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H. The Director shall issue a final order based on the proceedings under subsection (F) of this
section and establish a date for payment, following which date an enforcement lien may be
imposed upon the property in accordance with applicable law. The imposition of an
enforcement lien may be made a part of the proceedings and notice and order under CVMC
1.41.100 or this section.
1.41.120 Abatement action.
E. If a the responsible party fails or refuses to correct thea violation, proceedings may be
undertaken to abate any existing or resulting nuisance, pursuant to Chapter 1.30 CVMC.
Abatement orders authorize a Department Director to enter upon property and correct the
violation or condition, or the removal of encroachment upon public property. Enforcement
costs may be imposed against the responsible party and noncomplying property.
Procedures for the abatement of nuisances, when required for corrective action, are contained
in Chapter 1.30 CVMC.
1.41.130 Reserved.
1.41.140 Cost recovery.
A. Pursuant to Government Code Section 38773, costs and penalties that may be recovered
and enforced against responsible parties under this chapter include, but are not limited to, the
following:
1. City’s direct cost for abatement of nuisances, together with applicable overhead;
2. Costs of salary and applicable overhead of those City employees and contract
personnel involved in the investigation, enforcement and remediation or abatement of a
nuisance;
3. City costs for equipment use or rental;
4. Court costs and witness fees;
5. Costs of geotechnical, engineering and other technical services and studies;
6. Administrative fines and civil penalties imposed pursuant to this chapter;
7. Reinspection fees pursuant to CVMC 1.41.060;
8. Costs of monitoring programs necessary for correcting, monitoring, abating or
mitigating nuisances and violation;
9. Any other fee, cost or expense reasonably and rationally related to the City’s
enforcement efforts to abate a nuisance or correct a viola tion of this code or applicable
state law;
10. Treble damages recoverable pursuant to Government Code Section 38773.7 (see
CVMC 1.41.160(B)).
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B. Attorneys’ fees may be recovered by the prevailing party only in individual actions or
proceedings in which the City elects, at the initiation of that individual action or proceeding,
to seek recovery of its own attorneys’ fees. If the City does not elect, at the init iation of an
individual action or proceeding, to seek recovery of its own attorneys’ fees, no other party shall
seek or recover attorneys’ fees.
C. These costs may be recovered as a lien against the property following the procedures under
this Chapter or the waiver thereof by the responsible party.
The remainder of the Chapter remains unchanged.
Section II. Cannabis Permits.
5.19.240 Renewal of City license.
A. An application for renewal of a City License shall be filed with the City Manager’s office
at least 60 calendar days prior to the expiration date of the current City License.
B. Any City Licensee submitting an application less than 60 calendar days before its
expiration shall be required to pay a late renewal application fee, as established by resolution
of the City Council. Any renewal application filed less than 30 business calendar days before
its expiration may be rejected by the City on that basis alone. Any renewal application filed
without the required renewal application fee may also be rejected by the City on that basis
alone.
C. The renewal application shall be submitted on a form issued or approved by the City.
D. The Applicant shall pay a fee in an amount to be set by the City Council to cover the costs
incurred by the City to administer the program created under this Chapter.
E. An application for renewal of a City License may be denied if any of the following
grounds exists:
1. 1. Any of the grounds for suspension or revocation under CVMC 5.19.260;.
2. 2. The City License has been suspended or revoked at the time of the
application;.
3. 3. The Commercial Cannabis Business has any outstanding tax obligations owed
to the City;
4. The Commercial Cannabis Business has any pending action against the business
including, but not limited to civil, criminal, or administrative;
3.5.The Commercial Cannabis Business has not been in regular and continuous
operation in the four months prior to the renewal application;.
4.6. 4. The City Licensee fails to or is unable to renew its State License;. or
5.7. 5. The City Licensee has made a false, misleading or fraudulent statement or
omission of fact as to any information provided to City pursuant to this Chapter.
F. The City Manager is authorized to make all decisions concerning the issuance of a renewal
license. In making the decision, the City Manager is authorized to impose additional
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conditions on a renewal license, if it is determined to be necessary to ensure compliance with
State or local laws and regulations or to preserve the public health, safety or welfare.
G. The City Manager shall serve the City Licensee, ei ther Personally or by first class mail
addressed to the address listed on the renewal application, with dated written notice of the
City Manager’s decision to approve or deny the renewal, and the right of the City Licensee to
seek judicial review of the City Manager’s decision.
H. If a City Licensee submits the required renewal application, but a written approval from
the City has not been received prior to the expiration of the subject City License, such license
shall be deemed conditionally renewed until service of the City Manager’s written renewal
decision. If thea renewal application has not been received prior to the expiration date, the
license is considered to be no longer effective and expired and all related Commercial
Cannabis Activity must cease.
I. If a renewal application is denied, the City License shall no longer be effective and all
related Commercial Cannabis Activity must cease immediately. A Person denied a renewal
may file a new application pursuant to this Chapter no sooner than one year from the date of
the rejectiondenial.
Section III. Public Noticing and Appeal Processing Timeframes.
10.84.020 Parking prohibited on portions of private property.
D. When parking is not available under subsections (A) through (C) of this section, then
consideration shall be given by the Zoning Administrator to select a parking area on the
opposite side of the lot or other appropriate locations on the property as per CVMC
19.62.110. Any interested party may appeal the decision of the Zoning Administrator to the
Planning Commission. 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. The appeal shall be on a form provided
by the Development Services Department and be filed in writing with the Development
Services Department 1410 businesscalendar days of the Administrator’s action, and
accompanied by the required appeal fee(s). Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar
days to set the matter for public hearing at a regularly scheduled Planning C ommission
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. If, however, 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.
12.24.110 Installation of public improvements – Appeal of Director of Development
Services’ ruling – Application and fees.
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If the Director of Development Services denies the request for a waiver of obligation to
install improvements, a written application shall be filed with the Development Services
Department to appeal such denial; the appeal shall be heard by the Planning Commission.
Said application must be filed within 1014 calendar days of the date on which the Director
of Development Services made their ruling, be accompanied by the required appeal fee, an d
include a written statement describing the basis of the appeal.
Following the filing of a complete application, including all associated fees, the
Development Services Department shall take no longer than thirty (30) calendar days to set
a hearing before the Planning Commission at a regularly-scheduled meeting. The meeting
date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the Planning Commission shall be final.
15.04.260 Appeals – Time limit for filing – Form.
An interested party may appeal to the Planning Commission from any decision of the City
Engineer within ten (10) business dayscalendar days after said decision. Appeals shall be in
writing and shall state the specific nature of the appeal. Appeals shall be filed with the
Development Services Department. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date. If, however, 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 there after.
The decision of the Planning Commission shall be final.
17.28.040 Lighting plans – Approval required when.
All lighting plans in multiple-family, commercial and industrial zones shall be submitted to
the Zoning Administrator for approval prior to installation thereof. Should the City
disapprove of the plans, a written appeal by an interested party may be filed to the
Development Services Department . Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (30) calendar days to set
the matter for a public hearing at a regularly scheduled Planning Commission meeting. The
meeting date shall also be no more than sixty (60) calendar days from the application’s filing
date. The decision of the Planning Commission shall be final.
18.12.125 Appeals from determinations – Procedure.
In the event that an interested party is dissatisfied with a determination of the Planning
Commission, they may appeal to the City Council by filing a written stat ement with the City
Clerk stating the reasons for appeal within ten (10) business dayscalendar days following the
determination. Once a valid application for appeal has been filed, the City Clerk shall take
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no longer than thirty (30) calendar days to set the matter for public hearing at a regularly
scheduled Council meeting. The meeting date shall also be no more than sixty (60) calendar
days from the application’s filing date. The decision of the City Council shall be final.
18.12.150 Planning Commission – Public hearing – Notice.
In the event that a public hearing is held, notice shall be mailed to the subdivider and to the
owners of all property within 500 feet of the exterior boundaries of the property involved at
least 10 calendar days prior to the date of the hearing. The last known name and address of
each owner as shown on the records of the County Assessor may be used for the
aforementioned notice. In the coastal zone, notice shall be given at least 10 calendar days
before the public hearing of the time, date, and place of such hearing, including a general
description of the area to be affected, and the street address, if any, of the property involved.
Said notice shall be published at least once in a newspaper of general circulation in the City.
In addition, notice of the hearing shall be given by mail or delivery to all persons, including
businesses, corporations, or other public and private entities, shown on the last equalized
assessment roll as owning real property within 500 feet of the property that is the subject of
the proposed change, as well as all residents within 100 feet of the property which is the
subject of the proposed change, the California Coastal Commission, and any person who has
filed a written request with the Director of Development Services. Such a request may be
submitted at any time during the calendar year and shall apply for the balance of the calendar
year. A reasonable fee may be imposed on persons requesting such notice for purpose of
recovering the cost of such mailing. Substantial compliance with these provisions shall be
sufficient, and technical failure to comply shall not affect the validity of any action taken
pursuant to the procedures of this chapter or the certified local coastal program.
18.16.220 Approval – Appeal.
The decision of the Director of Development Services and the City Engineer may be
appealed by an interested party to the Planning Commission. A written notice of appeal must
be filed with the Development Services Department within ten (10) business dayscalendar
days of the date the City CouncilPlanning Commission was noticed that the final map was
under review for final approval. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date. The decision of the Planning Commission shall be final.
18.18.090 Appeals from determinations – Procedure.
If an interested party is dissatisfied with any determination of the City Engineer as to whether
the property division qualifies as a parcel map division, or as to any requirements or
conditions which they seek to impose, they may then appeal the determination within ten
(10) business dayscalendar days to the Planning Commission by filing a written statement
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with the Development Services Department stating the reasons for appeal. Once a valid
application for appeal has been filed, the Development Services Department shall take no
longer than thirty (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 sixty
(60) calendar days from the application’s filing date. The decision of the Planning
Commission shall be final.
18.18.120 Tentative parcel map – Waiver – Appeal.
An interested party is provided the opportunity to appeal the decision in writing to the
Development Services Department within ten (10) business dayscalendar days of decision
of the City Engineer. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing dat e. Any
application for a tentative parcel map waiver shall be filed as outlined in the subdivision
manual. The decision of the Planning Commission shall be final.
18.20.210 Approval – Appeal – Procedure.
If an interested party is dissatisfied with any determination of the City Engineer as to whether
the property division qualifies as a parcel map division, or, as to any requirements or
conditions imposed, they may then appeal the determination within ten (10) business
dayscalendar days to the Planning Commission by filing a written statement with the
Development Services Department stating the reasons for appeal. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (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 sixty (60) calendar days
from the application’s filing date. The decision of the Planning Commission shall be final.
19.12.070 Hearings – Notice required – Methods and additional contents of notice.
Notices of the time, place, and purpose of such hearing shall be given in the following
manner:
A. By at least one publication in a newspaper of general circulation in the City as
provided in the Charter, not less than twenty 1(20) business dayscalendar days prior
to the date set for hearing for an action involving the adoption of an ordinance, or, 10
calendar days prior to the date set for the hearing involving the adoption of a
resolution;
B. By mailing a postal card or letter to all of the owners of property within 500 feet
of the exterior boundary of the property involved, as well as the owner of the subject
property, said owners being established for this purpose by an examina tion of the
assessment records held in the office of the City Clerk; provided, however, that in such
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cases where the ownership has recently changed and such knowledge is available to
the Development Services Director, notice shall also be sent in this mann er to the
current occupants of said property. The notice boundary may be increased at the
discretion of the Development Services Director; or
C. In certain instances where mailed notice of hearing is deemed to be impractical,
notice may be effected by posting upon the subject property, and within the area of the
subject property, a notice bearing the same information as contained in the notice to
be mailed. Said notice shall be mailed or posted at least twenty 1(20) calendarbusiness
days prior to the date set for the public hearing for an action involving the adoption of
an ordinance, or, 10 calendar days prior to the date set for the hearing involving the
adoption of a resolution., andT the Development Services Director or theirhis
authorized representative shall sign an affidavit of mailing to be held in the record. It
is further provided that no defect or irregularity in the giving of such notice shall
invalidate the public hearing if said interested parties receive actual notice by any
other means and are aware of the matter to be considered at the public hearing.
D. Notices shall be mailed to any individuals who have requested in writing to be
provided public notices. A fee, in the amount as presently designated or as may be in
the future amended in the master fee schedule, shall accompany each request.
19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for
multiple permit applications.
B. An interested party who disagrees with the ruling of the Zoning Administrator may
appeal such ruling to the Planning Commission within ten (10) calendar days from the
decision date. In such cases, a public hearing as provided herein shall be mandatory. Once a
valid, written application for appeal has been filed, the Development Services Department
shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The decision of the Planning
Commission shall be final.
19.14.090 Conditional use permit – Public hearing procedure – Finding of facts.
Not more than 10 calendarbusiness days following the decision, the decision maker, whether
Zoning Administrator or Planning Commission, shall make a written finding specifying the
acts relied upon in rendering said decision, fully setting forth the facts and circumstances
that fulfill or fail to fulfill the requirements of this section and CVMC 19.14.080, and, in
situations where approval was granted, the conditions and safeguards deemed necessary and
desirable for such approval. A copy of this written finding of facts shall be filed with the
Development Services Director and mailed to the applicant. The decision shall become final
on the eleventh calendar day following the decision, except where appeal is taken as provided
herein.
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19.14.120 Conditional use permit – Appeals of Planning Commission decision – City
Clerk duties.
Once a valid application for appeal has been filed, the City Clerk shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Council
meeting, and, giving the same notice as required in CVMC 19.12.060 through 19.12.080.
The meeting date shall also be no more than sixty (60) calendar days from the application’s
filing date. The City Clerk shall send the Development Services Department a duplicate copy
of the appeal and request the Planning Commission to transmit to the City Council a copy of
its decision and findings, minutes of the hearing and all other evidence, maps, papers and
exhibits upon which the Planning Commission made its decision. The decision of the City
Council shall be final.
19.14.180 Variance – Public hearing – Procedure – Notice required.
Except for applications for limited relief as described in CVMC 19.14.030(B), a public
hearing for a variance shall be held by the Zoning Administrator in the following manner:
The Zoning Administrator shall publish a notice of hearing in a newspaper of general
circulation in the City not less than ten (10) calendarbusiness days prior to the date of said
hearing. In addition to the notice in the newspaper, notice of hearing may be made, at the
option of the Zoning Administrator, by mail to owners of record of surrounding property
within 500 feet of the property for which said variance is requested. Failure of owners to
receive notice of hearing shall in no way affect the validity of action taken.
19.14.210 Variance – Zoning Administrator authority – Notice of action.
The Zoning Administrator may approve said variance, may grant said variance subject to
specified conditions, or may deny said variance. The Zoning Administrator shall notify the
applicant within ten (10) calendarbusiness days of action taken.
19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public
hearing.
An interested party may appeal the decision of the Zoning Administrator to the Planning
Commission, within ten (10) business dayscalendar days from the date on which said
decision was made. Said appeal shall be written and filed with the Development Services
Department on forms provided by said Department, and shall specify therein that the decision
of the Zoning Administrator was in error and identify the facts and circumstances on which
claim of error is based. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) calendar days to set the matter for
public hearing at a regularly scheduled Planning Commission meeting , and, in compliance
with noticing requirements set forth herein in CVMC 19.12.070 and 19.12.080. The meeting
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date shall also be no more than sixty (60) calendar days from the application’s filing date.
The decision of the Planning Commission shall be final.
Where an application for a variance is included in a consolidated hearing and is neither
approved nor denied by the Planning Commission, , due to failure to achieve a majority vote,
the applicant shall have the right to a rehearing at the next Planning Commission. All other
proceedings pertaining to appeals shall continue to apply.
19.14.370 Planned unit development – Public hearing – Time – Notice required.
A public hearing shall be held by the Planning Commission and City Council as provided
herein:
A. Such hearing before the City Council shall be set for public hearing by the C ity Clerk
within 30 calendar days. The meeting date shall also be no more than 60 calendar days after
the Planning Commission’s action;
B. The secretary of the Commission and City Clerk shall publish notice of hearings in a
newspaper of general circulation in the City not less than ten (10) calendarbusiness days
prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no
way affect the validity of action taken.
19.14.480 Site plan and architectural approval – Building Inspector authority –
Appeals.
A. Following site plan and architectural approval by the Zoning Administrator as provided
in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed
with the Development Services Director and mailed to the applicant. Appeals from
determinations by the Zoning Administrator shall be sent in writing by an interested party to
the Development Services Department for a hearing before the Planning Commission. In the
absence of such request being file d within ten (10) business dayscalendar days after
determination by the Zoning Administrator, the determination shall be final.
B. A written appeal shall be filed by the applicant or an interested party with the
Development Services Department on a form required by the Development Services
Director, and, to be accompanied by the nonrefundable required fee therefor. The appeal shall
include a statement of the reasons supporting the appeal, including a demonstration that any
issues being raised were raised before the Zoning Administrator. Once a valid application for
appeal has been filed, the Development Services Department shall take no longer than thirty
(30) calendar days to set the matter for public hearing at a regularly-scheduled Planning
Commission meeting, and, giving the same notice as required in CVMC 19.12.070 and
19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date.
C. Upon the hearing of an appeal, the Planning Commission may, by r esolution, affirm,
reverse or modify, in whole or in any part, any determination of the Zoning Administrator.
The resolution shall contain findings of facts showing wherein the project meets or fails to
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meet any applicable site plan and architectural principles in CVMC 19.14.470, the provisions
of the design manual or any design standards required for the project, or other nonconformity
with the requirements of this chapter. A copy of the decision resolution of the Planning
Commission shall be filed with the Development Services Director, and mailed to the
applicant. The decision of the Planning Commission shall be final.
19.14.486 Landscape plan approval – Application – Accompanying documents –
Fee.
B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny
landscape plans. An interested party may appeal a denial or conditions imposed upon
approval by filing a written appeal to the Development Services Department, in accordance
with CVMC 19.14.050, within ten (10) business dayscalendar days of receipt of notification
of denial or conditional approval from the Zoning Administrator. Such shall be in writing on
the form promulgated by the Director of Development Services, accompanied by the
required fee, and shall specify wherein the action of the Zoning Administrator is inconsistent
with the landscape manual and/or other applicable ordinances, manuals or policies of the
City. Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The Planning
Commission may grant, conditionally grant, or deny the appeal. The decision of the Planning
Commission shall be final, and shall be based upon the landscape manual, and/or other
applicable ordinances, manuals, or policies of the City.
19.14.490 Home occupations – Permit required when – Restrictions and
requirements – Revocation when – Appeals.
D. Permit any external display of products, merchandise, or any sign to identify the home
occupation.
A home occupation permit shall be revoked by the Director of Development Services upon
violation of any requirement of this chapter, or of any conditions or limitation of any permit
issued, unless such violation is corrected within fifteen (15) calendar days of notice of such
violation, and any such permit may be revoked for repeated violation of the requirements of
this section or of the conditions of such permit.
In the event of denial of any permit, or the revocation thereof, or of objection to the
limitations placed thereon, an interested party may then appeal the determination within ten
(10) business dayscalendar days to the Planning Commission by filing a written statement
with the Development Services Department, stating the reasons for appeal. Once a valid
application for appeal has been filed, the Development Services Department shall take no
longer than thirty (30) calendar days to set the matter for public hearing in front of the
Planning Commission. The meeting date shall also be no more than sixty (60) calendar days
from the application’s filing date.
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Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Director of Development
Services. The resolution must contain a finding of facts showing wherein the project meets
or fails to meet the requirements of this chapter and the provisions of the design review
manual. The decision of the Planning Commission shall be final.
19.14.573 Precise plan approval – Public hearings.
A public hearing shall be held by the Planning Commission and City Council as provided
herein:
A. The hearing before the City Council shall be set by the City Clerk within 30 days after
Planning Commission action.
B. The secretary of the Planning Commission and City Clerk shall publish notice of hearings
in a newspaper of general circulation in the City not less than ten (10) calendar business days
prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no
way affect the validity of action taken. Any requested exceptions to the requirements of the
underlying zone shall be specified in the public hearing notice.
19.14.577 Precise plan approval – Modifications of the precise plan.
Requests for modifications shall be submitted to the Development Services Director in
written form and shall be accompanied by the required filing fee(s) and such additional maps,
statements or other information as may be required to support the modification. If the
proposed modification is deemed by the Development Services Director to be insignificant
in nature, the changes may be approved by the Director subject to the filing of a written
report to the Planning Commission and City Council. If, in the opinion of the Director of
Development Services, or designee, the proposed changes are significant in scope, the
applicant will be notified within ten (10) calendar business days of the written request that a
new application and hearing will be required.
19.14.588 Design review – Appeal procedure.
A. An interested party may file an appeal from the decision of the Zoning Administrator
to the Planning Commission within ten (10) business dayscalendar days after the decision is
made. The appeal shall be in writing and filed with the Development Services Department
on forms prescribed for the appeal, and shall specify therein the argument against the
decision of the Planning Commission. On ce a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date.
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Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in part, any determination of the Zoning Administrator. The
resolution must contain a finding of facts showing wherein the project meets or fails to meet
the requirements of this chapter and the provisions of the design review manual. The decision
of the Planning Commission shall be final.
B. An interested party may file an appeal from the decision of the Planning Commission to
the City Council within ten (10) business dayscalendar days after the decision is made. The
appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal,
and shall specify therein the argument against the decision of the Planning Commission.
Once a valid application for appeal has been filed, the City Clerk shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly sc heduled City
Council meeting. The meeting date shall also be no more than sixty (60) calendar days from
the application’s filing date. Upon the hearing of such appeal, the City Council may, by
resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning
Commission or Zoning Administrator for minor projects. The resolution must contain a
finding of facts showing wherein the project meets or fails to meet the requirements of this
chapter and the provisions of the design review manual.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or
modify, in whole or in part, any determination of the Planning Commission. The resolution
must contain a finding of facts showing wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the design review manual. The decision of
the City Council shall be final.
19.48.060 P-C zone – Planning Commission action.
Following a public hearing, and upon making the required fin dings, the Planning
Commission shall make a recommendation to the City Council for approval or modified
approval of a proposed P-C zone, and shall also adopt a resolution recommending that the
City Council adopt the general development plan as submitted or as modified. Such
recommendation and the recommended general development plan shall be forwarded to the
City Council for its consideration. If unable to make the required findings, the Planning
Commission shall deny said application, and, forward that recommendation to the City
Council..
19.58.430 Liquor stores in the C-N zone.
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 u nless 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
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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 with
the Development Services Department within ten (10) business dayscalendar days after the
decision is made, as provided in CVMC 19.14.100. If a valid appeal application is received
within the time limit, the Development Services Department shall take no longer than thirty
(30) calendar days to set the matter for public hearing at a regularly scheduled Plannin g
Commission meeting. The meeting date shall also be no more than sixty (60) calendar days
from the application’s filing date. 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. .
19.60.810 Processing of applications.
G. Appeals. All sign permit applications shall be initially reviewed by the Zoning
Administrator. An interested party may appeal any sign related decision to the Planning
Commission,. A written notice of appeal must be filed with the Development Services
Department within ten (10) business dayscalendar days of when the decision was delivered
or sent to applicant and all known concerned persons, or, the last day on which a decision
could have been timely rendered. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date. The appellate body must conduct a hearing and consider evidence, and render a written
decision . The hearing must follow normal procedures for agendizing and giving public
notice. The decision of the Planning Commission shall be final. Unless time is waived by
the applicant, any permit or approval on which the City does not render a defin ite decision
within the required time shall be deemed denied, and the time for appeal or filing judicial
review shall commence on the last date on which the City could have issued a decision.
19.66.220 Appeals of determinations.
The Zoning Administrator’s action with respect to the performance standards procedures
may be appealed to the Planning Commission within ten (10) business days calendar days
following said action. In the absence of such appeal, the Zoning Administrator’s
determination shall be final. If a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (30) calendar days to set the matter for
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public hearing at a regularly scheduled Planning Commission meeting. The meeting date
shall also be no more than sixty (60) calendar days from the application’s filing date. The
decision of the Planning Commission shall be final.
19.89.080 Abandonment.
B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as
noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt
requested, or personally delivered to the operator of the wireless telecommunications facility
at said operator’s business address on file with the City or the operator’s agent for service of
process on file with the California Secretary of State. Service shall be effective on the date
the notice was signed for or received. If the mailed notice is returned unsigned, service shall
be deemed effective three (3) business dayscalendar days after the mailing of a duplicate
notice by regular first-class mail. The notice shall explain the consequences of failing to
remove the facility and identify all hearing/appeal rights.
The operator may appeal in writing to the Development Services Department the
determination of abandonment within ten (10) business dayscalendar days of being served
with the notice. The appeal shall include a statement of the reasons supporting the appeal,
including a demonstration that any issues being raised were rai sed before the Zoning
Administrator. Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The operator
may present at the hearing any relevant evidence on the issue of abandonment. The Planning
Commission may affirm, reverse, or modify with or without conditions the determination of
abandonment and shall make written findings in support of its decision. The decision of the
Planning Commission shall be final.
21.12.030 Appeals.
An interested party may appeal in writing the decision of the Zoning Administrator to the
Development Services Department within ten (10) business dayscalendar days after the date
of the decision. Once a valid application has been received, the Developmen t Services
Department shall take no longer than thirty (30) calendar days to set the matter for public
hearing and placed on an agenda for a regularly scheduled Planning CommissionHPC
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The appeal shall address in writing each of the findings for denial
on a form prescribed by the City and shall submit a fee pursuant to CVMC 21.12.020, for
appeals of historic preservation matters. All appeals shall be considered by the Planning
Commission, and the decision shall be final.
Section IV. Development Impact Fee Project Exemptions.
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3.50.100 Development projects exempt from the Fee.
A. Development Projects by public agencies shall not be exempt from the provisions of the
Fee unless the agency demonstrates that the Project will not generate measurable demand
for public facilities funded by the Fee. Any exempted public Development Project must
document the basis for exemption through a nexus analysis approved by the City.be exempt
from the provisions of the Fee if those Projects are designed to provide the public service for
which the agency is charged (“Public Purpose”).
B. Nonprofit Community Purpose Facilities may be exempted from the Fee only if the City
prepares and adopts findings demonstrating that the proposed development will not generate
measurable public facility demand or that the public benefit warrants City-subsidized
payment of the facility costs from other funding sources. The cost of exempted impacts shall
not be redistributed to private development subject to the Fee.are also exempt inasmuch as
these institutions provide benefit to the community as a whole, including all land use
categories which are the subject matter of the Fee. The City Council hereby determines that
it is appropriate to spread any impact such Nonprofit Community Purpose Facilities might
have to the other land use categories subject to the Fee. In the event that a court determines
that the exemption herein extended to Nonprofit Community Purpose Facilities shall for any
reason be invalid, the City Council hereby allocates the Nonprofit Community Purpose
Facilities’ fair share to the City of Chula Vista and not to any of the land use categories
which are the subject matter of the development impact land use categories.
C. Development Projects which are additions or expansions to existing dwelling units or
additions, expansions, or changes of nonresidential uses shall be exempt if the addition,
expansion or change of use does not result in a net increase in dwelling units o r nonresidential
intensity. The Fee shall be assessed on any net additional dwelling units or nonresidential
intensity. Any net reduction in dwelling units or nonresidential intensity shall not be entitled
to a refund, but the property shall retain credit based on the former number of dwelling units
or nonresidential intensity.
The last Subsection remains unchanged.
Section V. Hydrogen Fueling Facilities.
19.30.020 Permitted uses.
Principal permitted uses in the C-O zone are as follows:
A. Medical and dental offices and clinics and medical, optical and dental
laboratories, not including the manufacture of pharmaceutical or other products for
general sale or distribution;
B. Administrative and executive offices;
C. Professional offices, for lawyers, engineers, and architects;
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D. Financial offices, including banks, and real estate and other general business
offices;
E. Any other office use which is determined by the Commission to be of the same
general character as the above-permitted uses;
F. Agricultural uses as provided in CVMC Section 19.16.030;
G. Prescription pharmacies (see CVMC Section 19.04.002 for definition);.
H. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.34.020 Permitted uses.
The following are the principal permitted uses in a C-N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agency with incidental pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of
liquor, beer, or other alcoholic beverages for consumption on the premises or drive -in
car service;
H. Commercial parking lot for passenger vehicles, subject to the requirements of
CVMC Sections 19.62.010 through 19.62.130;
I. Coin-operated laundry, with maximum capacity washing units of 20 pounds and
comparable drying equipment, and clothes-cleaning agency;
J. Any other retail business or service establishment supplying commodities or
performing services for residents of the neighborhood which is determined by the
Planning Commission to be of the same general character as the above-mentioned
retail business or service uses, and open during normal business hours of the above
uses;
K. Accessory uses and buildings customarily appurtenant to a permitted use, such as
incidental storage facilities and satellite dish antennas, in accordance with the
provisions of CVMC Section 19.22.030(F)(1) through (9);
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L. Agricultural uses as provided in CVMC Section 19.16.030;.
M. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.36.020 Permitted uses.
Principal permitted uses in the C-C zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for
residents of the City as a whole or the surrounding community such as department
stores, specialty shops, banks, business offices, and other financial institutions and
personal service enterprises;
B. Restaurants, and sale of beer or other alcoholic beverages for consumption on the
premises only where the sale is incidental with the sale of food;
C. Bona fide antique shops, but not including secondhand stores or junk stores;
D. Parking structures and off-street parking lots, subject to the provisions of CVMC
Section 19.58.230;
E. Electrical substations and gas regulator stations, subject to the provisions of
CVMC Section 19.58.140;
F. Massage parlors, subject to the provisions of CVMC Chapter 5.36 CVMC;
G. Any other retail business or service establishment which the Zoning Administrator
finds to be consistent with the purpose of this title and which will not impair the
present or potential use of adjacent properties;
H. Accessory uses and buildings customarily appurtenant to a permitted use and
satellite dish antennas in accordance with the provisions in CVMC Section
19.22.030(F)(1) through (9);
I. Agricultural uses as provided in CVMC Section 19.16.030;
J. Mixed commercial-residential projects, if designated by the Chula Vista General
Plan as MUR, subject to the provisions of CVMC Section 19.58.205;.
K. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.38.020 Permitted uses.
Principal permitted uses in the C-V zone are as follows:
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A. Hotels/motels, subject to the provisions of CVMC Section 19.58.210, with such
incidental businesses to serve the customer or patron; provided, such incidental uses
and businesses not otherwise permitted in this zone shall be operated in the same
building and in conjunction with this permitted use;
B. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
D. Handicraft shops and workshops;
E. Bona fide antique shops, but not including secondhand stores or junk stores;
F. Theaters;
G. Accessory uses and buildings customarily appurtenant to a permitted use and
satellite dish antennas in accordance with the provisions in CVMC Section
19.22.030(F)(1) through (9) and (11) through (13);
H. Electrical substations and gas regulator stations, subject to the provisions of
CVMC Section 19.58.140;
I. Agricultural uses as provided in CVMC Section 19.16.030;
J. Artists’ supply and materials stores;
K. Clothing sales (new).;
L. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for
residents of the City as a whole or the surrounding community, such as department
stores, banks, business offices and other financial institutions and personal service
enterprises;
B. New car dealers and accessory sale of used cars (see CVMC Section 19.40.030
for used car lots); electric vehicle (“EV”) service and sales; boat and equipment sales
and rental establishments, subject to the provisions of CVMC Section 19.58.070;
C. Hotels/motels, subject to the provisions of CVMC Section 19.58.210;
D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other
products, primarily to serve the traveling public;
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E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC
Section 19.58.115 and CVMC Chapter 5.26 CVMC);
F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC
Section 19.58.050;
G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming pools, bowling alleys, and
skating rinks, subject to the provisions of CVMC Section 19.58.040;
J. Plant nurseries;
K. Accessory uses and buildings customarily appurtenant to a permitted use and
satellite dish antennas in accordance with the provisions in CVMC Section
19.22.030(F)(1) through (9) and (11) through (13);
L. Electrical substations and gas regulator stations, subject to the provisions of
CVMC Section 19.58.140;
M. Agricultural uses as provided in CVMC Section 19.16.030;
N. Sexually oriented businesses, subject to the provisions of CVMC Section
19.58.024;
O. Used clothing sales;
P. Knitting and weaving shops;
Q. Upholstery shops;
R. Massage parlors, subject to the provisions of CVMC Chapter 5.36 CVMC;.
S. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.42.020 Permitted uses.
Permitted uses in an I-R zone are as follows:
A. Laboratories; research, experimental, film, electronic or testing;
B. Manufacture and assembly of electronic instruments and devices;
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C. Manufacture and assembly of office computing and accounting machines and
typewriters;
D. Manufacture and assembly of electric measuring instruments and test equipment;
E. Electrical substations and gas regulator stations, subject to the provisions of
CVMC Section 19.58.140;
F. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
G. Any other research or any light manufacturing use determined by the Commission
to be of the same general character as the above-permitted uses;.
H. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging
of products from previously prepared materials, not including any prohibited use in
this zone;
B. Manufacturing of electrical and electronic instruments, devices and comp onents;
C. Wholesale businesses, storage and warehousing;
D. Laboratories; research, experimental, film, electronic and testing;
E. Truck, trailer, mobilehome, boat and farm implement sales establishments;
F. Public and private building material sales yards, service yards, storage yards, and
equipment rental;
G. Minor auto repair;
H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale
operations;
I. Car washing establishments, subject to the provisions of CVMC Section
19.58.060;
J. Electric vehicle (“EV”) service and sales;
K. Plumbing and heating shops;
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L. Exterminating services;
M. Animal hospitals and veterinarians, subject to the provisions of CVMC Section
19.58.050;
N. The manufacture of food products, drugs, pharmaceuticals and the like, excluding
those in CVMC Section 19.44.050;
O. Electrical substations and gas regulator stations, subject to the provisions of
CVMC Section 19.58.140;
P. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
Q. Agricultural uses as provided in CVMC Section 19.16.030;
R. Emergency shelters, limited subject to the provisions of CVMC Section
19.58.143;.
S. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
19.46.020 Permitted uses.
Permitted uses in an I zone are as follows:
A. Any manufacturing, processing, assembling, research, wholesale, or storage uses
except as hereinafter modified;
B. Automobile and metal appliance manufacturing and assembly, structural steel
fabricating shops and machine shops;
C. Brick or pottery manufacturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E. Liquefied natural gas plants;
F. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
G. Any other use which is determined by the Commission to be of the same general
character as the above uses;.
H. Hydrogen fueling facilities, in conformance with Government Code Section
65850.7, as amended from time to time.
Section VI. Temporary and Permanent Storage Containers.
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19.58.445 Portable storage and shipping containers.
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 at the
discretion of the City Engineer.
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.
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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.
Subsections D thru F remain unchanged.
G. Development Standards – Portable Storage Containers. Use of portable storage
containers shall be subject to the following limitations and approval of an
encroachmentuse permit byfrom the City Engineer.
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. On private property, portable storage containers shall first be placed
within a garage, and secondly within a driveway and not blocking a sidewalk.
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 by the City Engineer.
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 by the City Engineer, 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.
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The remaining Subsections remain unchanged.
Section VII. Recreational Vehicle Storage and Habitation.
19.58.330 Trailers.
(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 (7) days, in any given thirty (30)-calendar-day period, by guests
or visitors of residents of the City and said vehicle is parked upon the property of the resident.
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.
2. Appurtenances of recreational vehicles and camping trailers, including but not
limited to pop-outs (slide-outs) or covers, shall not extend over any property lines.
The remaining Subsections remain unchanged.
19.58.400 Recreational vehicle storage yards.
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 an d 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.
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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.
Section VIII. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IX. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section X. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30 th) day after its final
passage.
Section XI. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form
By:
Roy Sapa’u Marco Verdugo
Director of Development Services City Attorney
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Attachment #3
Chapter 1.41
ADMINISTRATIVE COMPLIANCE AND ENFORCEMENT
PROCEDURESREMEDIES
Sections:
1.41.010 Purpose and intent.
1.41.020 ReservedOverview of process.
1.41.030 Notice of violation.
1.41.040 Recordation of notice of violation.
1.41.050 Nonissuance of permits.
1.41.060 Reinspection fees.
1.41.070 Cease and desist orders.
1.41.080 Reserved.
1.41.090 Reserved.
1.41.100 Administrative citations.
1.41.110 Civil penalties.
1.41.120 Abatement action.
1.41.130 Reserved.
1.41.140 Cost recovery.
1.41.150 Confirmation of costs.
1.41.160 Enforcement.
1.41.170 Satisfaction of lien or obligation.
1.41.180 Abatement fund.
1.41.010 Purpose and intent.
A. It is the purpose and intent of the City Council to establish administrative procedures remedies
for obtaining prompt compliance in the correction of both major and minor violations of the Chula
Vista Municipal Code and state law. Conditions in violation of the Municipal Code or state law which
affect conditions upon or uses of real property within the City of Chula Vista are hereby designated
nuisances. The procedures authorized or identified by this chapter are the following: notices of
violation; administrative citations; administrative fines and penalties; cease and desist orders;
abatement of nuisances; recordation of notices of violation; authorization to charge reinspection
fees; cost recovery for costs of enforcement; confirmation of costs; and reco rdation of liens and
assessments for cost recovery.
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B. C. Each day a violation exists on real property is a continuing and additional violation, and all
remedies, penalties and assessments are cumulative.
C B. The procedures remedies established in and through this chapter may cross reference,
consolidate or incorporate by reference, as applicable, enforcement methods established elsewhere
in this code, in order to create a uniform process for prompt code compliance, administrative due
process and effective enforcement.
DH. Various steps or procedures under this chapter may require notice and a hearing pursuant to
CVMC Chapter 1.40 CVMC . When appropriate, notice and hearing requirements for separate
administrative actions may be consolidated.
EC . The City Manager, any cognizant Director and the City Attorney are each authorized to utilize
and initiate the procedures remedies established in this chapter and CVMC Chapters 1.30 and 1.40
CVMC .
FD . The procedures remedies in CVMC Title 1 may be used as a supplement to criminal or judicial
enforcement action, or both, or in lieu thereof. Selection of one method shall not preclude the use of
any other method or combination of methods when appropriate.
GE. The terms “abatement,” “City Manag er,” “code enforcement officer,” “Director,” “nuisance,”
and “responsible party” are as defined in CVMC 1.04.010.
1.41.020 Reserved .1.41.020 Overview of process.
A. Violations of the Municipal Code affecting uses of or conditions upon real property may be
corrected through the issuance of a notice of violation pursuant to CVMC 1.41.030 to the responsible
party requiring certain actions to be taken to bring the property or structure into compliance. The
responsible party will be allowed a reasonable period of time in which to correct the violation,
normally not less than 10 calendar days. Failure to comply within the time prescribed can then result
in the issuance of an administrative citation in accordance with CVMC 1.41.100 or any other method
or combination of methods deemed appropriate.
B. An administrative citation is a notice to the responsible party which mandates the corrective
action and establishes a fine as a penalty for the prior noncompliance of the notice of violation.
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Subsequent administrative citations may be issued with increase d penalty. Corrective action that
may be required of a responsible party includes, but is not limited to, the removal of encroachments
into public property, the mitigation or restoration of land or adjoining property for illegal grading or
development, the removal or modification of blockages of drainage ways and the removal of
structures to rectify any code violation or cure any hazardous condition. It includes any other
process necessary for abatement. In addition, through the notice and hearing procedure s of
Chapters 1.30 and 1.40 CVMC, the responsible party can be made subject to an order of abatement
through which the corrective work will be undertaken by the City and the cost will be imposed as a
lien against the property if the responsible party fails to respond.
C. Each day a violation exists on real property is a continuing and additional violation, and all
remedies, penalties and assessments are cumulative.
D. In addition to a notice of violation, a cease and desist order can be issued pursuant to CVMC
1.41.070 to one or more responsible parties or other persons who perform work in violation of a
permit or without a required permit. Violation of the cease and desist order is a separate
misdemeanor. A responsible party or any person on scene actively conducting t he violation under
the direction of a responsible party is subject to arrest without a warrant for continuing work in
violation of the cease and desist order, as well as for the actions constituting the violation of this
code. A responsible party can be required to obtain necessary permits, restore or revegetate the
property, or both, and correct or mitigate the consequences of the violation. Administrative citations
can also be issued assessing administrative fines for both the creation of and the continua nce of the
violation.
E. If the responsible party fails or refuses to correct the violation, proceedings may be undertaken
to abate any existing or resulting nuisance, pursuant to Chapter 1.30 CVMC. Abatement orders
authorize a Director to enter upon property and correct the violation or condition, or the removal of
encroachment upon public property. Enforcement costs may be imposed against the responsible
party and noncomplying property.
F. During the pendency of the violation and the enforcement process, a notice of violation may be
recorded against the property pursuant to CVMC 1.41.040 describing the particulars of the violation
to insure that the property is pro perly abated prior to or upon transfer. The recorded notice of
violation will be released upon issuance of a notice of compliance which shall be recorded by the
Director in due course within 15 days after request for such release by the property owner.
G. During the inspection and enforcement process, cost recovery can be imposed for the cost of
reinspection (CVMC 1.41.060) and the costs of City services to abate (Chapter 1.30 CVMC and CVMC
1.41.140). These costs may be recorded as a lien against the property following the procedures
under this chapter or the waiver thereof by the responsible party.
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H. Various steps or procedures under this chapter may require notice and a hearing pursuant to
Chapter 1.40 CVMC. When appropriate, notice and hearing requirements for separate administrative
actions may be consolidated.
1.41.030 Notice of violation.
A. A code enforcement officer is authorized to serve a notice of violation upon a responsible party
for any violation of the Municipal Code. The notice of violation will describe the violation, the dates
and location of the violation, the applicable code section(s), the corrective action required and a
date for compliance reinspection. The responsible party will be advised that a reinspection fee
(CVMC 1.41.060 ) will be imposed for a second and all subsequent reinspec tion if compliance is not
voluntarily obtained, and that an administrative citation , civil penalty, or any other remedy may also
be issued along with civil penalties pursuant to CVMC 1.41.100 and 1.41.110 imposed until the
property is brought into compliance. The responsible party will be allowed a reasonable amount of
time to correct a violation. Typical compliance times may range between a minimum of 10 and
calendar days to correct minor violations and no less than 30 calendar days dependent upon the
nature of the for major violation(s). Immediate corrections may be required for violations that are
easily corrected or present an imminent risk to health and safety. A code enforcement officer may
extend the compliance time frame for a reasonable period beyond those limits if
appropriatecircumstances dictate. The notice of violation will inform the responsible party of the
potential costs and consequences that may ensue under this chapterbe imposed if voluntary
compliance is not obtained within the time prescribed. If the violation is corrected in accordance
with the terms of the notice of violation, no costs or charges will be imposed.
B. Service of a notice of violation is effective upon delivery or mailing pursuant to this section.
Failure or refusal to sign does not invalidate the notice of violation and subsequent proceedings.
C. The property will be reinspected once for compliance. If the responsible party refuses to allow
inspection, after a reasonable demand, the code enforcement officer may obtain an inspection
warrant pursuant to Code of Civil Procedure Section 1822.50. Failure of the responsible party to
allow inspection or remedy the violation shall result in the issuance of an administrative citation, the
charging of reinspection fees, and may result in a separate criminal violation for the failure to allow
inspec tion (CCP Section 1822.57 ).
D. If the violation also constitutes the performance of work without a required permit or in violation
of an issued permit, the code enforcement officer may issue a cease and desist order pursuant to
CVMC 1.41.070 to temporarily and immediately enjoin the work and to take any other action
appropriate at that time. If the violation creates a hazardous condition which affects public safety or
an imminent threat to life, safety, summary abatement may be initiated pursuant to this sectio n.
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1.41.040 Recordation of notice of violation.
A. Whenever a violation on real property remains uncorrected after a notice of violation has been
issued, a copy of the notice of violation may be recorded by the Director in the real property records
of San Diego County if the following prerequisites are met:
1. A violation has remained uncorrected on the property for at least 30 calendar days following
service of the notice of violation;
2. The property owner, if not the responsible party, has been notified of the prospective
recordation and been offered the opportunity to correct the violation;
3. The property owner and all of the responsible parties have been shall be notified that
development permits shall be withheld during the time the property remains in violation
pursuant to CVMC 1.41.050 , except for those permits that are necessary to bring the property
into compliance; and
4. The responsible party and the property own er have been noticed and offered a hearing
pursuant to Chapter 1.40 CVMC to contest the proposed corrective action and the proposed
recordation.
B. The Director is authorized to record the notic e of violation pursuant to this section upon
issuance of the final order.
C. Cancellation of Recordation. The Director shall issue to the property owner and other
responsible parties a signed notice of compliance which states on its face that it cancels the notice
of violation once all violations have been corrected and any administrative penalties, costs and fines
involved in the enforcement process have been paid. The notice of compliance shall be recorded by
the Director if the notice of violation was recorded.
1.41.050 Nonissuance of permits.
After a notice of violation has been recorded against the proper ty pursuant to CVMC 1.41.040 , the
City Manager Director of Development Services shall withhold the issuance of any permits for
development as allowed by law upon that property, save for those permits necessary to correct the
violation(s). A party whose permits are to be withheld shall be noticed as part of the recordation
process pursuant to CVMC 1.41.040 and offered a hearing pursuant to CVMC Chapter 1.40 CVMC in
which to contest this decision.
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1.41.060 Reinspection fees.
A. Reinspection fees are authorized to recover City costs when excessive time and effort becomes
necessary are required to obtain code compliance. Reinspection fees are an appropriate method to
recover costs that are disproportionately attributable to recalcitrant responsible parties.
B. After a notice of violation , or an administrative citation , or any is issued, or another order is
issued by or under the authority of a Director which requires corrective action by a responsible
party, that party will be notified that it will be liable for any reinspection fees necessary if the
condition remains uncorrected. The first in spection following the issuance of the notice of violation,
citation or order is considered part of the normal cost of enforcement and will not be charged if the
condition is then promptly corrected. Otherwise, it will be included as part of the costs of
enforcement.
C. Reinspection fees may be collected and enforced as part of the enforcement process or in
combination with other administrative proceedings under this chapter, provided the responsible
party was notified in advance of its liability for reins pection fees under subsection (B) of this section.
Appeals, service of notice and hearing procedures are established in CVMC Chapter 1.40 CVMC .
D. Reinspection fees will be charged on the basis of actual staff time utilized for the inspection(s),
based upon the master fee schedule on file in the office of the City Clerk .
1.41.070 Cease and desist orders.
A. TheA Director or code enforcement officer is authorized to issue personally, or to serve in
accordance with CVMC 1.40.030 , a written cease and desist order upon any person violating a
provision of the Municipal Code through which work is being performed without a permit, if required,
or in violation of an issued permit. The cease and desist order may be served personally or in
accordance with CVMC 1.04.030.Cease and desist orders are particularly appropriate for violations of
land grading, watercourse and water and sewer regulations and related work which alters the
condition of real property or through which environmental deg radation or pollution will continue to
occur if not stopped immediately.
B. It is unlawful for any person to whom a cease and desist order has been personally issued or
served to continue to perform work in violation of the terms of that order.
C. It is unlawful for any responsible party to whom a cease and desist order has been served to
continue to perform work or to allow or permit another to continue to perform work in violation of
the terms of that order.
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D. Prosecution under subsection (B) or (C) of this section does not bar prosecution or
administrative enforcement, or both, of the previous underlying violations for any or all days the
violation had been in existence, or for the c ontinuance of the underlying violation.
E. Any The Director or code enforcement officer in whose presence a violation of subsection (B) or
(C) of this section occurs may arrest the violator wit hout a warrant, and a police officer may accept
custody of that arrestee for criminal enforcement processing.
F. The Director may initiate other administrative enforcement and compliance methods in
accordance with this chapter and CVMC Chapters 1.30 and 1.40 CVMC , as appropriate.
1.41.080 Reserved.
1.41.090 Reserved.
1.41.100 Administrative citations.
A. The Council finds that there is a need for an alternative method of enforcement for minor
violations of the Municipal Code and applicable state codes. The Council further finds that an
appropriate method of enforcement for minor violations is an administrative citation program. The
procedure established in this section shall be in addition to criminal, civil or any other legal remedy
established by law which may be pursued to address violations of the Municipal Code or applicable
state code.
B. An administrative citation imposing an administrative fine can be issued to a responsible party
for violation of a regulatory provision of this code or state law ., and the responsible party be
required to pay an administrative fine. Administrative citations and penalties are particular ly
appropriate in cases of structural, building and zoning violations that do not create an immediate
danger to health or safety if the responsible party has failed to correct the violation after the
issuance of a notice of violation pursuant to CVMC 1.41.030 .
C. An administrative citation may be issued in lieu of a Notice of Violation or the initiation of a
criminal action for the same violation. Administrative citations are not a prerequisite to any other
remedy and need not be issued sequentially. However, in particularly egregious cases, criminal
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enforcement may be appropriate for continuing violations if the administrative citation is ignored by
the responsible party.
D. The amount of fine attached to an administrative citation fine that may be imposed for each
separate violation of the same code section is as follows:
1. Administrative citation fines may be issued in the following amounts: Two hundred fifty
dollars ($250.00), fiveFiveOne hundred dollars ($5100.00), for a first violation; one thousand
dollars ($1,000 200 .00), or one thousand five hundred dollars for a second violation within the
12 calendar months of the first violation ; ($1,500.00). for each additional violation occurring
after the second violation and within 12 months of any prior violation.
2 . In determining the amount of the fine to be imposed, the Department issuing officer should
consider the following factors:
a. Duration of the violation;
b. Frequency or occurrence of the violation;
c . Seriousness of the violation in relation to its threat or impact upon public health, welfare
or safety;
d. History of the violations;
e. Activity taken by the responsible party to obstruct or interfere with correction of the
problem;
f. Good faith or bad faith efforts by the responsible party to comply;
g. The impact of the violation on the surrounding property and community;
h. The financial ability of the responsible party to have corrected the violation in a timely
fashion.
3 . Except, if a violation is determined or designated to be an infraction in the Municipal Code,
then the penalties are as follows:
a. A fine not exceeding one hundred dollars ($100) for a first violation.
b. A fine not exceeding two hundred dollars ($200) for a second violation of the same
ordinance within one year.
c. A fine not exceeding five hundred dollars ($500) for each additional violation of the same
ordinance within one year.
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4. Notwithstanding any other law, a violation of local building and safety codes determined or
designated to be an infraction is punishable by the following:
a. A fine not exceeding one hundred thirty dollars ($130) for a first violation.
b. A fine not exceeding seven hundred dollars ($700) for a second violation of the same
ordinance within one year.
c. A fine not exceeding one thousand three hundred dollars ($1,300) for each additional
violation of the same ordinance within one year of the first violation.
1. A fine not exceeding two thousand five hundred dollars ($2,500) for each
additional violation of the same ordinance within two years of the first violation if the
property is a commercial property that has an existing building at the time of the
violation and the violation is due to failure by the owner to remove visible refuse or
failure to prohibit unauthorized use of the property.
4. Issuance of an administrative citation and payment of the administrative fine does not excuse
compliance and corrective action regarding the violations. Although continuing violations of the
Municipal Code are separate offenses, the responsible party shall be allowed a reasonable time
of not more than 10 30 days in which to correct the violation before a second or subsequent
administrative citation may be issued.
5.43. A responsible party may request administrative review of an administrative citation
pursuant to CVMC Chapter 1.40 CVMC .
E. The administrative citation shall contain the following information:
1. Date of the violation;
2. Address and location of violation;
3. Description of violation;
4. Applicable codes and statutory sections violated;
5. Corrective action required;
6. An order to bring the violation into compliance;
7. Notice of the fines to be imposed;
8. A date, not less than 20 days, by which payment of the fine must be made;
9. Location and acceptable methods for payment;
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10. Notification that payment does not excuse correction of the violation;
11. Notice of right to request rev iew pursuant to Chapter 1.40 CVMC.
F. A party filing a timely request for review pursuant to Chapter 1.40 CVMC shall post a deposit
with the Director. Enforcement of the administrative fine shall be stayed pending the decision of a
hearing examiner if a hearing is requested. Procedures for review shall be in accordance with
Chapter 1.40 CVMC. The deposit will be returned if the appeal is granted. A final order is not subject
to judicial review after 20 days have elapsed from the date of its issuance, unless the party complies
with Government Code Section 53069.4 . See CVMC 1.40.020(H). A final order may be enforced
pursuant to CVMC 1.41.160 .
1.41.110 Civil penalties.
A. The Council finds that there is a need for alternative methods of enforcement of the Chula Vista
Municipal Code and applicable state codes. The Council further finds that the assessment of civil
penalties through an administrative hearing procedure for co de violations is a necessary alternative
method of code enforcement. The administrative assessment of civil penalties established in this
section is in addition to any other administrative or judicial remedy established by law which may be
pursued to address violations of the Municipal Code or applicable codes.
B. Civil penalties may be assessed against a responsible party for continued violations of the
Municipal Code or applicable state codes, whether of the same section or any combination, that
reflect a continuing disregard for the requirements of such laws. The Director may issue a notice
and order to the responsible party assessing a civil penalty pursuant to this section. The civil penalty
may be enforced against the responsible party as a lien pursu ant to CVMC 1.41.140 .
C. Except for violations of land grading ordinances contained in CVMC Chapter 15.04 CVMC and
violations of commercial cannabis provisions contained in CVMC Chapter 5.19 CVMC , civil penalties
may be assessed at a rate not to exceed $2,500 per violation per day.
D. The civil penalty for violations of land grading permits or land grading work done without the
issuance of a permit shall be based on an estimate by the Director of grading work performed. The
rate of civil penalties shall be as follows:
1. Less than 250 cubic yards, but not meeting the requirements for an exemption from grading
permit under CVMC 15.04.150 : $1,000 per violation;
2. Two hundred fifty -one (251) to 500 cubic yards: $5,000 per violation;
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3. Five hundred one (501) to 1,000 cubic yards: $10,000 per violation;
4. Over 1,001 cubic yards: $25,000 per violation;
5. In the event any individual, firm, company, developer or property owner causes a second
violation of the land grading permit ordinance, either on the same property or different property
and whether or not part of the same development, the rate of civil penalties shall be doubled.
For third and subsequent violations, the rate of civil penalties shall be multiplied by a factor of
four.
E. Civil penalties for violations of CVMC Chapter 5.19 CVMC may be assessed at a rate not to
exceed $10,000 per violation per day.
F. Civil penalties under this section may be accrued retroactive to the date the violations were first
discovered, as evidenced by the issuance of a notice of violation pursuant to CVMC Section
1.41.030, or any later date determined by the Director. In determining the amount to be imposed on
a daily rate, the Director shall consider the following factors:
1. Duration of the violation;
2. Frequency or occurrence of the violation;
3. Frequency or occurrence of other violations during the period of accrual;
4. Seriousness of the violation in relation to its threat or impact upon public health, welfare or
safety;
5. History of the violations;
6. Activity taken by the responsible party to obstruct or interfere with correction of the
problem;
7. Good faith or bad faith efforts by the responsible party to comply;
8. The impact of the violation on the surrounding property and community;
9. The financial ability of the responsible party to have corrected the violation in a timely
fashion.
G. The Director shall comply with CVMC Chapter 1.40 CVMC concerning notice of the proposed civil
penalties and the right to a hearing to contest or confirm. Unless contested, the notice and order
shall be final and be enforced pursuant to CVMC Section 1.41.160. If contested, the hearing
examiner shall limit the hearing to the following issues:
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1. Whether the responsible party maintained a use or condition on real property that violated
the Municipal Code or state law on the dates specified; and
2 . Whether the civil penalty assessed is consistent with the criteria expressed in subsection (F)
of this section. The hearing examiner may, however, exercise discretion pursuant to CVMC
Section 1.40.020(E) and increase or decrease the penalties assessed to a level determined to be
supported by the evidence meeting the criteria under subsection (F) of this section.
H. The Director shall issue a final order based on the proceedings under subsection (F) of this
section and establish a date for payment, following which date an enforcement lien may be imposed
upon the property in accordance with applicable law. The imposition of an enforcement lien may be
made a part of the proceedings and notice and order under CVMC Section 1.41.100 or this section.
1.41.120 Abatement action.
E. If a the responsible party fails or refuses to correct thea violation, proceedings may be
undertaken to abate any existing or resulting nuisance, pursuant to CVMC Chapter 1.30 CVMC .
Abatement orders authorize a Department Director to enter upon property and correct the violation
or condition, or the removal of encroachment upon public property. Enforcement costs may be
imposed against the responsible party and noncomplying property.
Procedures for the abatement of nuisances, when required for corrective action, are contained in
Chapter 1.30 CVMC.
1.41.130 Reserved.
1.41.140 Cost recovery.
A. Pursuant to Government Code Section 38773, costs and penalties that may be recovered and
enforced against responsible parties under this chapter include, but are not limited to, the following :
1. City’s direct cost for abatement of nuisances, together with applicable overhead;
2. Costs of salary and applicable overhead of those City employees and contract personnel
involved in the investigation, enforcement and remediation or abatement of a nuisance;
3. City costs for equipment use or rental;
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4. Court costs and witness fees;
5. Costs of geotechnical, engineering and other technical services and studies;
6. Administrative fines and civil penalties imposed pursuant to this chapter;
7. Reinspection fees pursuant to CVMC Section 1.41.060 ;
8. Costs of monitoring programs necessary for correcting, monitoring, abating or mitigating
nuisances and violation;
9. Any other fee, cost or expense reasonably and ration ally related to the City’s enforcement
efforts to abate a nuisance or correct a violation of this code or applicable state law;
10. Treble damages recoverable pursuant to Government Code Section 38773.7 (see CVMC
Section 1.41.160(B)).
B. Attorneys’ fees may be recovered by the prevailing party only in individual actions or
proceedings in which the City elects, at the initiation of that individual action or pro ceeding, to seek
recovery of its own attorneys’ fees. If the City does not elect, at the initiation of an individual action
or proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or recover
attorneys’ fees.
C. These costs may be rec overed as a lien against the property following the procedures under this
Chapter or the waiver thereof by the responsible party.
1.41.150 Confirmation of costs.
Following the conclusion of the City’s remediation, abatement or corrective actions, the Director shall
notify the property owner and appropriate responsible parties of a proposed assessment of costs
against each individually and as a lien or assessment ag ainst the real property that was the subject
of abatement or corrective action. Notice and an opportunity to be heard and contest the basis for
the assessment of costs or lien shall be provided to those parties in accordance with CVMC Chapter
1.40 CVMC . Following any hearing or waiver thereof, the City Manager may then issue a final order
of confirmation of costs against the respective responsible parties.
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1.41.160 Enforcement.
A. In accordance with Government Code Section 38773, the City Manager or a Director, or both as
appropriate, may enforce the confirmation of costs as follows:
1. As a personal obligation against a responsible party; and
2. Either:
a. As a recorded lien with the priority of a judgment lien in the real property records of
the county against any real property which was the subject of abatement or corrective
action; or
b. As an assessment against the property which was subject to abatement or corrective
action, to be collected in the same manner as municipal taxes.
B. The City Manager, City Attorney or Director is authorized to obtain judicial enforcement for the
foreclosure of the lien, where appropriate. In addition, pursuant to Government Code Section
38773.7, the City Manager may seek treble damages for the abatement costs where the corrective
action arose out of or constituted a second or subsequent civil or criminal judgment within a two -
year period, as provided for in that section. Enactment of this subsection constitutes the enactment
of an ordinance authorizing the recovery of treble damages in accordance with Government Code
Section 38773.7 .
1.41.170 Satisfaction of lien or obligat ion.
Upon payment in full by one or more responsible parties for all costs of enforcement and the
satisfactory completion of all corrective action required, the City Manager or Director shall promptly
issue to all responsible parties a notice of compliance. The notice of compliance will be signed and
identify the affected real property by address, legal description and tax assessor’s parcel number,
and be recorded in the real property records of the county by the Director if a lien was recorded.
1.41.180 Abatement fund.
The City Manager shall budget for estimated expenses for abatement and code enforcement
purposes in the annual budget process. Revenue received shall be deposited in a designated
account in the general fund. All penalties and fines collected under CVMC Section 1.41.140 shall be
deposited to the general fund.
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5.19.240 Renewal of City license.
A. An application for renewal of a City License shall be filed with the City Manager’s office at least
60 calendar days prior to the expiration date of the current City License.
B. Any City Licensee submitting an application less than 60 calendar days before its expiration
shall be required to pay a late renewal application fee, as established by resolution of the City
Council. Any renewal application filed less than 30 business calendar days before its expiration may
be rejected by the City on that basis alone. Any renewal application filed without the required
renewal application fee may also be rejected by the City on that basis alone.
C. The renewal application shall be submitted on a form issued or approved by the City.
D. The Applicant shall pay a fee in an amount to be set by the City Council to cover the costs
incurred by the City to administer the program created under this Chapter.
E. An application for renewal of a City License may be denied if any of the following grounds exists:
1. 1. Any of the grounds for suspension or revocation under CVMC Section 5.19.260;.
2. 2. The City License has been suspended or revoked at the time of the application;.
3. 3. The Commercial Cannabis Business has any outstanding tax obligations owed to
the City;
4. The Commercial Cannabis Business has any pending action against the business
including, but not limited to civil, criminal, or administrative;
3.5. The Commercial Cannabis Business has not been in regular and continuous operation
in the four months prior to the renewal application;.
4.6. 4. The City Licensee fails to or is unable to renew its State License;. or
5.7. 5. The City Licensee has made a false, misleading or fraudulent statement or omission
of fact as to any information provided to City pursuant to this Chapter.
F. The City Manager is authorized to make all decisions concerning the issuance of a renewal
license. In making the decision, the City Manager is authorized to impose additional conditions on a
renewal license, if it is determined to be necessary to ensure compliance with State or local laws and
regulations or to preserve the public health, safety or welfare.
G. The City Manager shall serve the City Licensee, either Personally or by first class mail
addressed to the address listed on the renewal application, with dated written notice of the City
Manager’s decision to approve or deny the renewal, and the right of the City Licensee to seek
judicial review of the City Manager’s decision.
H. If a City Licensee submits the required renewal application, but a written approval from the City
has not been received prior to the expiration of the subject City License, such license shall be
deemed conditionally renewed until service of the City Manager’s written renewal decision. If thea
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renewal application has not been received prior to the expiration date, the license is considered to
be no longer effective and expired and all related Commercial Cannabis Activity must cease.
I. If a renewal application is denied, the City License shall no longer be effective and all related
Commercial Cannabis Activity must cease immediately. A Person denied a renewal may file a new
application pursuant to this Chapter no sooner than one year from the date of the rejectiondenial.
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Section 10.84.020 Parking prohibited on portions of private property.
D. When parking is not available under subsections (A) through (C) of this section, then
consideration shall be given by the Zoning Administrator to select a parking area on the
opposite side of the lot or other appropriate locations on the property as per CVMC Section
19.62.110. Any interested party may appeal the decision of the Zoning Administrator to the
Planning Commission. The appeal shall be filed in writing with the Development Services
Department within ten (10) calendar days of the Administrator’s action, and accompanied by
the required appeal fee(s). Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. If, however, 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.
Section 12.24.110 Installation of public improvements – Appeal of Director of
Development Services’ ruling – Application and fees.
If the Director of Development Services denies the request for a waiver of obligation to install
improvements, a written application shall be filed with the Development Services Department
to appeal such denial; the appeal shall be heard by the Planning Commission. Said application
must be filed within 1014 calendar days of the date on which the Director of Development
Services made their ruling, be accompanied by the required appeal fee, and include a written
statement describing the basis of the appeal.
Following the filing of a complete application, including all associated fees, the Development
Services Department shall take no longer than thirty (30) calendar days to set a hearing before
the Planning Commission at a regularly-scheduled meeting. The meeting date shall also be
no more than sixty (60) calendar days from the application’s filing date. If, however, in the
exercise of reasonable diligence, the City is not able under the circumstances to schedule the
appeal hearing within sixty (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.
Section 12.40.060 Appeal – Decision authority.
Upon receipt of such appeal, the City Clerk shall take no longer than thirty (30) calendar days
to place the matter upon the agenda of a regularly scheduled meeting of the City Council. The
meeting date shall also be no more than sixty (60) calendar days from the application’s filing
date.. The decision of the City Council shall be final.
Section 15.04.260 Appeals – Time limit for filing – Form.
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An interested party may appeal to the Planning Commission from any decision of the City
Engineer within ten (10) business dayscalendar days after said decision. Appeals shall be in
writing and shall state the specific nature of the appeal. Appeals shall be filed with the
Development Services Department. Once a valid application for appeal has been filed, the
Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date. The decision of the Planning Commission shall be final.
Section 17.28.040 Lighting plans – Approval required when.
All lighting plans in multiple-family, commercial and industrial zones shall be submitted to the
Zoning Administrator for approval prior to installation thereof. Should the City disapprove of
the plans, a written appeal by an interested party may be filed to the Development Services
Department . Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (30) calendar days to set the matter for a public
hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also
be no more than sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final.
Section 18.12.125 Appeals from determinations – Procedure.
In the event that an interested party is dissatisfied with a determination of the Planning
Commission, they may appeal to the City Council by filing a written statement with the City
Clerk stating the reasons for appeal within ten (10) business dayscalendar days following the
determination. Once a valid application for appeal has been filed, the City Clerk shall take no
longer than thirty (30) calendar days to set the matter for public hearing at a regularly
scheduled Council meeting. The meeting date shall also be no more than sixty (60) calendar
days from the application’s filing date. The decision of the City Council shall be final.
Section 18.12.150 Planning Commission – Public hearing – Notice.
In the event that a public hearing is held, notice shall be mailed to the subdivider and to the
owners of all property within 500 feet of the exterior boundaries of the property involved at
least 10 calendar days prior to the date of the hearing. The last known name and address of
each owner as shown on the records of the County Assessor may be used for the
aforementioned notice. In the coastal zone, notice shall be given at least 10 calendar days
before the public hearing of the time, date, and place of such hearing, including a general
description of the area to be affected, and the street address, if any, of the property involved.
Said notice shall be published at least once in a newspaper of general circulation in the City.
In addition, notice of the hearing shall be given by mail or delivery to all persons, including
businesses, corporations, or other public and private entities, shown on the last equalized
assessment roll as owning real property within 500 feet of the property that is the subject of
the proposed change, as well as all residents within 100 feet of the property which is the
subject of the proposed change, the California Coastal Commission, and any person who has
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filed a written request with the Director of Development Services. Such a request may be
submitted at any time during the calendar year and shall apply for the balance of the calendar
year. A reasonable fee may be imposed on persons requesting such notice for purpose of
recovering the cost of such mailing. Substantial compliance with these provisions shall be
sufficient, and technical failure to comply shall not affect the validity of any action taken
pursuant to the procedures of this chapter or the certified local coastal program.
Section 18.16.220 Approval – Appeal.
The decision of the Director of Development Services and the City Engineer may be appealed
by an interested party to the Planning Commission. A written notice of appeal must be filed
with the Development Services Department within ten (10) business dayscalendar days of the
date the City CouncilPlanning Commission was noticed that the final map was under review
for final approval. Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The decision of the
Planning Commission shall be final.
Section 18.18.090 Appeals from determinations – Procedure.
If an interested party is dissatisfied with any determination of the City Engineer as to whether
the property division qualifies as a parcel map division, or as to any requirements or conditions
which they seek to impose, they may then appeal the determination within ten (10) business
dayscalendar days to the Planning Commission by filing a written statement with the
Development Services Department stating the reasons for appeal. Once a valid application for
appeal has been filed, the Development Services Department shall take no longer than thirty
(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 sixty (60) calendar days
from the application’s filing date. The decision of the Planning Commission shall be final.
Section 18.18.120 Tentative parcel map – Waiver – Appeal.
An interested party is provided the opportunity to appeal the decision in writing to the
Development Services Department within ten (10) business dayscalendar days of decision of
the City Engineer. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. Any application
for a tentative parcel map waiver shall be filed as outlined in the subdivision manual. The
decision of the Planning Commission shall be final.
Section 18.20.210 Approval – Appeal – Procedure.
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If an interested party is dissatisfied with any determination of the City Engineer as to whether
the property division qualifies as a parcel map division, or, as to any requirements or conditions
imposed, they may then appeal the determination within ten (10) business dayscalendar days
to the Planning Commission by filing a written statement with the Development Services
Department stating the reasons for appeal. Once a valid application for appeal has been filed,
the Development Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing
date. The decision of the Planning Commission shall be final.
19.12.070 Hearings – Notice required – Methods and additional contents of notice.
Notices of the time, place, and purpose of such hearing shall be given in the following manner:
A. By at least one publication in a newspaper of general circulation in the City as provided in
the Charter, not less than twenty 1(20) business dayscalendar days prior to the date set for
hearing for an action involving the adoption of an ordinance, or, 10 calendar days prior to the
date set for the hearing involving the adoption of a resolution;
B. By mailing a postal card or letter to all of the owners of property within 500 feet of the
exterior boundary of the property involved, as well as the owner of the subject property, said
owners being established for this purpose by an examination of the assessment records held
in the office of the City Clerk; provided, however, that in such cases where the ownership has
recently changed and such knowledge is available to the Development Services Director,
notice shall also be sent in this manner to the current occupants of said property. The notice
boundary may be increased at the discretion of the Development Services Director; or
C. In certain instances where mailed notice of hearing is deemed to be impractical, notice
may be effected by posting upon the subject property, and within the area of the subject
property, a notice bearing the same information as contained in the notice to be mailed. Said
notice shall be mailed or posted at least twenty 1(20) calendarbusiness days prior to the date
set for the public hearing for an action involving the adoption of an ordinance, or, 10 calendar
days prior to the date set for the hearing involving the adoption of a resolution., and Tthe
Development Services Director or theirhis authorized representative shall sign an affidavit of
mailing to be held in the record. It is further provided that no defect or irregularity in the giving
of such notice shall invalidate the public hearing if said interested parties receive actual notice
by any other means and are aware of the matter to be considered at the public hearing.
D. Notices shall be mailed to any individuals who have requested in writing to be provided
public notices. A fee, in the amount as presently designated or as may be in the future
amended in the master fee schedule, shall accompany each request.
Section 19.14.050 Public hearing – Mandatory when – Consolidation of public
hearings for multiple permit applications.
B. An interested party who disagrees with the ruling of the Zoning Administrator may appeal
such ruling to the Planning Commission within tenfourteen (104) calendar days from the
decision date. In such cases, a public hearing as provided herein shall be mandatory. Once a
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valid, written application for appeal has been filed, the Development Services Department shall
take no longer than thirty (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 sixty
(60) calendar days from the application’s filing date. The decision of the Planning Commission
shall be final.
Section 19.14.090 Conditional use permit – Public hearing procedure – Finding of
facts.
Not more than 10 calendarbusiness days following the decision, the decision maker, whether
Zoning Administrator or Planning Commission, shall make a written finding specifying the acts
relied upon in rendering said decision, fully setting forth the facts and circumstances that fulfill
or fail to fulfill the requirements of this section and CVMC Section 19.14.080, and, in situations
where approval was granted, the conditions and safeguards deemed necessary and desirable
for such approval. A copy of this written finding of facts shall be filed with the Development
Services Director and mailed to the applicant. The decision shall become final on the eleventh
calendar day following the decision, except where appeal is taken as provided herein.
Section 19.14.120 Conditional use permit – Appeals of Planning Commission
decision – City Clerk duties.
Once a valid application for appeal has been filed, the City Clerk shall take no longer than
thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Council
meeting, and, giving the same notice as required in CVMC Sections 19.12.060 through
19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. The City Clerk shall send the Development Services Department a
duplicate copy of the appeal and request the Planning Commission to transmit to the City
Council a copy of its decision and findings, minutes of the hearing and all other evidence,
maps, papers and exhibits upon which the Planning Commission made its decision. The
decision of the City Council shall be final.
Section 19.14.180 Variance – Public hearing – Procedure – Notice required.
Except for applications for limited relief as described in CVMC Section 19.14.030(B), a public
hearing for a variance shall be held by the Zoning Administrator in the following manner:
The Zoning Administrator shall publish a notice of hearing in a newspaper of general circulation
in the City not less than ten (10) calendarbusiness days prior to the date of said hearing. In
addition to the notice in the newspaper, notice of hearing may be made, at the option of the
Zoning Administrator, by mail to owners of record of surrounding property within 500 feet of
the property for which said variance is requested. Failure of owners to receive notice of hearing
shall in no way affect the validity of action taken.
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Section 19.14.210 Variance – Zoning Administrator authority – Notice of action.
The Zoning Administrator may approve said variance, may grant said variance subject to
specified conditions, or may deny said variance. The Zoning Administrator shall notify the
applicant within ten (10) calendarbusiness days of action taken.
Section 19.14.240 Variance – Appeals – Procedure generally – Effect of filing –
Public hearing.
An interested party may appeal the decision of the Zoning Administrator to the Planning
Commission, within ten (10) business dayscalendar days from the date on which said decision
was made. Said appeal shall be written and filed with the Development Services Department
on forms provided by said Department, and shall specify therein that the decision of the Zoning
Administrator was in error and identify the facts and circumstances on which claim of error is
based. Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (30) calendar days to set the matter for public
hearing at a regularly scheduled Planning Commission meeting , and, in compliance with
noticing requirements set forth herein in CVMC Sections 19.12.070 and 19.12.080. The
meeting date shall also be no more than sixty (60) calendar days from the application’s filing
date. The decision of the Planning Commission shall be final.
Where an application for a variance is included in a consolidated hearing and is neither
approved nor denied by the Planning Commission, , due to failure to achieve a majority vote,
the applicant shall have the right to a rehearing at the next Planning Commission. All other
proceedings pertaining to appeals shall continue to apply.
Section 19.14.370 Planned unit development – Public hearing – Time – Notice
required.
A public hearing shall be held by the Planning Commission and City Council as provided
herein:
A. Such hearing before the City Council shall be set for public hearing by the City Clerk within
30 calendar days. The meeting date shall also be no more than 60 calendar days after the
Planning Commission’s action;
B. The secretary of the Commission and City Clerk shall publish notice of hearings in a
newspaper of general circulation in the City not less than 10 calendarbusiness days prior to
the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect
the validity of action taken.
Section 19.14.480 Site plan and architectural approval – Building Inspector authority
– Appeals.
A. Following site plan and architectural approval by the Zoning Administrator as provided in
this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed with
the Development Services Director and mailed to the applicant. Appeals from determinations
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by the Zoning Administrator shall be sent in writing by an interested party to the Development
Services Department for a hearing before the Planning Commission. In the absence of such
request being filed within ten (10) business dayscalendar days after determination by the
Zoning Administrator, the determination shall be final.
B. A written appeal shall be filed by the applicant or an interested party with the Development
Services Department on a form required by the Development Services Director, and, to be
accompanied by the nonrefundable required fee therefor. The appeal shall include a statement
of the reasons supporting the appeal, including a demonstration that any issues being raised
were raised before the Zoning Administrator. Once a valid application for appeal has been
filed, the Development Services Department shall take no longer than thirty (30) calendar days
to set the matter for public hearing at a regularly-scheduled Planning Commission meeting,
and, giving the same notice as required in CVMC Sections 19.12.070 and 19.12.080. The
meeting date shall also be no more than sixty (60) calendar days from the application’s filing
date.
C. Upon the hearing of an appeal, the Planning Commission may, by resolution, affirm,
reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The
resolution shall contain findings of facts showing wherein the project meets or fails to meet any
applicable site plan and architectural principles in CVMC Section 19.14.470, the provisions of
the design manual or any design standards required for the project, or other nonconformity
with the requirements of this chapter. A copy of the decision resolution of the Planning
Commission shall be filed with the Development Services Director, and mailed to the applicant.
The decision of the Planning Commission shall be final.
Section 19.14.486 Landscape plan approval – Application – Accompanying
documents – Fee.
B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape
plans. An interested party may appeal a denial or conditions imposed upon approval by filing
a written appeal to the Development Services Department, in accordance with CVMC Section
19.14.050, within ten (10) business dayscalendar days of receipt of notification of denial or
conditional approval from the Zoning Administrator. Such shall be in writing on the form
promulgated by the Director of Development Services, accompanied by the required fee, and
shall specify wherein the action of the Zoning Administrator is inconsistent with the landscape
manual and/or other applicable ordinances, manuals or policies of the City. Once a valid
application for appeal has been filed, the Development Services Department shall take no
longer than thirty (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 sixty
(60) calendar days from the application’s filing date. The Planning Commission may grant,
conditionally grant, or deny the appeal. The decision of the Planning Commission shall be final,
and shall be based upon the landscape manual, and/or other applicable ordinances, manuals,
or policies of the City.
Section 19.14.490 Home occupations – Permit required when – Restrictions and
requirements – Revocation when – Appeals.
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D. Permit any external display of products, merchandise, or any sign to identify the home
occupation.
A home occupation permit shall be revoked by the Director of Development Services upon
violation of any requirement of this chapter, or of any conditions or limitation of any permit
issued, unless such violation is corrected within fifteen (15) calendar days of notice of such
violation, and any such permit may be revoked for repeated violation of the requirements of
this section or of the conditions of such permit.
, In the event of denial of any permit, or the revocation thereof, or of objection to the limitations
placed thereon, an interested party may then appeal the determination within ten (10) business
dayscalendar days to the Planning Commission by filing a written statement with the
Development Services Department, stating the reasons for appeal. Once a valid application
for appeal has been filed, the Development Services Department shall take no longer than
thirty (30) calendar days to set the matter for public hearing in front of the Planning
Commission. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Director of Development Services. The
resolution must contain a finding of facts showing wherein the project meets or fails to meet
the requirements of this chapter and the provisions of the design review manual. The decision
of the Planning Commission shall be final.
Section 19.14.573 Precise plan approval – Public hearings.
A public hearing shall be held by the Planning Commission and City Council as provided
herein:
A. The hearing before the City Council shall be set by the City Clerk within thirty (30) days
after Planning Commission action.
B. The secretary of the Planning Commission and City Clerk shall publish notice of hearings
in a newspaper of general circulation in the City not less than ten (10) calendar business days
prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no
way affect the validity of action taken. Any requested exceptions to the requirements of the
underlying zone shall be specified in the public hearing notice.
Section 19.14.577 Precise plan approval – Modifications of the precise plan.
Requests for modifications shall be submitted to the Development Services Director in written
form and shall be accompanied by the required filing fee(s) and such additional maps,
statements or other information as may be required to support the modification. If the proposed
modification is deemed by the Development Services Director to be insignificant in nature, the
changes may be approved by the Director subject to the filing of a written report to the Planning
Commission and City Council. If, in the opinion of the Director of Development Services, or
designee, the proposed changes are significant in scope, the applicant will be notified within
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ten (10) calendarbusiness days of the written request that a new application and hearing will
be required.
Section 19.14.588 Design review – Appeal procedure.
A. An interested party may file an appeal from the decision of the Zoning Administrator to
the Planning Commission within ten (10) business dayscalendar days after the decision is
made. The appeal shall be in writing and filed with the Development Services Department on
forms prescribed for the appeal, and shall specify therein the argument against the decision of
the Planning Commission. Once a valid application for appeal has been filed, the Development
Services Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date.
Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse
or modify, in whole or in part, any determination of the Zoning Administrator. The resolution
must contain a finding of facts showing wherein the project meets or fails to meet the
requirements of this chapter and the provisions of the design review manual. The decision of
the Planning Commission shall be final.
B. An interested party may file an appeal from the decision of the Planning Commission to
the City Council within ten (10) business dayscalendar days after the decision is made. The
appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and
shall specify therein the argument against the decision of the Planning Commission. Once a
valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30)
calendar days to set the matter for public hearing at a regularly scheduled City Council
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution,
affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or
Zoning Administrator for minor projects. The resolution must contain a finding of facts showing
wherein the project meets or fails to meet the requirements of this chapter and the provisions
of the design review manual.
Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify,
in whole or in part, any determination of the Planning Commission. The resolution must contain
a finding of facts showing wherein the project meets or fails to meet the requirements of this
chapter and the provisions of the design review manual. The decision of the City Council shall
be final.
Section 19.48.060 P-C zone – Planning Commission action.
Following a public hearing, and upon making the required findings, the Planning Commission
shall make a recommendation to the City Council for approval or modified approval of a
proposed P-C zone, and shall also adopt a resolution recommending that the City Council
adopt the general development plan as submitted or as modified. Such recommendation and
the recommended general development plan shall be forwarded to the City Council for its
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consideration. If unable to make the required findings, the Planning Commission shall deny
said application, and, forward that recommendation to the City Council..
Section 19.58.430 Liquor stores in the C-N zone.
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 Sections 19.14.060
through 19.14.090 upon giving notice thereof in accordance with CVMC Sections 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 Sections 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 with the
Development Services Department within ten (10) business dayscalendar days after the
decision is made, as provided in CVMC Section 19.14.100. If a valid appeal application is
received within the time limit, the Development Services Department shall take no longer than
thirty (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 sixty (60) calendar days
from the application’s filing date. 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. .
Section 19.60.810 Processing of applications.
G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator.
An interested party may appeal any sign- related decision to the Planning Commission,. A
written notice of appeal must be filed with the Development Services Department within ten
(10) business dayscalendar days of when the decision was delivered or sent to applicant and
all known concerned persons, or, the last day on which a decision could have been timely
rendered. Once a valid application for appeal has been filed, the Development Services
Department shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The appellate body
must conduct a hearing and consider evidence, and render a written decision . The hearing
must follow normal procedures for agendizing and giving public notice. The decision of the
Planning Commission shall be final. Unless time is waived by the applicant, any permit or
approval on which the City does not render a definite decision within the required time shall
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be deemed denied, and the time for appeal or filing judicial review shall commence on the last
date on which the City could have issued a decision.
Section 19.66.220 Appeals of determinations.
The Zoning Administrator’s action with respect to the performance standards procedures may
be appealed to the Planning Commission within ten (10) business dayscalendar days following
said action. In the absence of such appeal, the Zoning Administrator’s determination shall be
final. If a valid application for appeal has been filed, the Development Services Department
shall take no longer than thirty (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 sixty (60) calendar days from the application’s filing date. The decision of the Planning
Commission shall be final.
Section 19.89.080 Abandonment.
B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as
noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt
requested, or personally delivered to the operator of the wireless telecommunications facility
at said operator’s business address on file with the City or the operator’s agent for service of
process on file with the California Secretary of State. Service shall be effective on the date the
notice was signed for or received. If the mailed notice is returned unsigned, service shall be
deemed effective three (3) business dayscalendar days after the mailing of a duplicate notice
by regular first-class mail. The notice shall explain the consequences of failing to remove the
facility and identify all hearing/appeal rights.
The operator may appeal in writing to the Development Services Department the determination
of abandonment within ten (10) business dayscalendar days of being served with the notice.
The appeal shall include a statement of the reasons supporting the appeal, including a
demonstration that any issues being raised were raised before the Zoning Administrator. Once
a valid application for appeal has been filed, the Development Services Department shall take
no longer than thirty (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 sixty
(60) calendar days from the application’s filing date. The operator may present at the hearing
any relevant evidence on the issue of abandonment. The Planning Commission may affirm,
reverse, or modify with or without conditions the determination of abandonment and shall make
written findings in support of its decision. The decision of the Planning Commission shall be
final.
Section 21.12.030 Appeals.
An interested party may appeal in writing the decision of the Zoning Administrator to the
Development Services Department within ten (10) business dayscalendar days after the date
of the decision. Once a valid application has been received, the Development Services
Department shall take no longer than thirty (30) calendar days to set the matter for public
hearing and placed on an agenda for a regularly scheduled Planning CommissionHPC
meeting. The meeting date shall also be no more than sixty (60) calendar days from the
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application’s filing date. The appeal shall address in writing each of the findings for denial on
a form prescribed by the City and shall submit a fee pursuant to CVMC Section 21.12.020, for
appeals of historic preservation matters. All appeals shall be considered by the Planning
Commission, and the decision shall be final.
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3.50.100 Development projects exempt from the Fee.
A. Development Projects which are additions or expansions to existing dwelling units or additions,
expansions, or changes of nonresidential uses shall be exempt if the addition, expansion or change
of use does not result in a net increase in dwelling units or nonresidential intensity. The Fee shall be
assessed on any net additional dwelling units or nonresidential intensity. Any net reduction in dwelling
units or nonresidential intensity shall not be entitled to a refund, but the property shall retain credit
based on the former number of dwelling units or nonresidential intensity. Development Projects by
public agencies shall not be exempt from the provisions of the Fee unless the agency demonstrates
that the Project will not generate measurable demand for public facilities funded by the Fee. Any
exempted public Development Project must document the basis for exemption through a nexus
analysis approved by the City.be exempt from the provisions of the Fee if those Projects are designed
to provide the public service for which the agency is charged (“Public Purpose”).
B. Nonprofit Community Purpose Facilities may be exempted from the Fee only if the City prepares
and adopts findings demonstrating that the proposed development will not generate measurable public
facility demand or that the public benefit warrants City-subsidized payment of the facility costs from
other funding sources. The cost of exempted impacts shall not be redistributed to private development
subject to the Fee.are also exempt inasmuch as these institutions provide benefit to the community as
a whole, including all land use categories which are the subject matter of the Fee. The City Council
hereby determines that it is appropriate to spread any impact such Nonprofit Community Purpose
Facilities might have to the other land use categories subject to the Fee. In the event that a court
determines that the exemption herein extended to Nonprofit Community Purpose Facilities shall for
any reason be invalid, the City Council hereby allocates the No nprofit Community Purpose Facilities’
fair share to the City of Chula Vista and not to any of the land use categories which are the subject
matter of the development impact land use categories.
C. Development Projects which are additions or expansions to existing dwelling units or additions,
expansions, or changes of nonresidential uses shall be exempt if the addition, expansion or change
of use does not result in a net increase in dwelling units or nonresidential intensity. The Fee shall be
assessed on any net additional dwelling units or nonresidential intensity. Any net reduction in dwelling
units or nonresidential intensity shall not be entitled to a refund, but the property shall retain credit
based on the former number of dwelling units or nonresidential intensity.
D. Accessory Dwelling Units smaller than 750 square feet are exempt from the provisions of the Fee,
pursuant to California Government Code Section 65852.2(f)(3)(A).
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19.30.020 Permitted uses.
Principal permitted uses in the C -O zone are as follows:
A. Medical and dental offices and clinics and medical, optical and dental laboratories, not including
the manufacture of pharmaceutical or other products for general sale or distribution;
B. Administrative and executive offices;
C. Professional offices, fo r lawyers, engineers, and architects;
D. Financial offices, including banks, and real estate and other general business offices;
E. Any other office use which is determined by the Commission to be of the same general
character as the above -permitted uses;
F. Agricultural uses as provided in CVMC Section 19.16.030;
G. Prescription pharmacies (see CVMC Section 19.04.002 for definition);.
H. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7 , as amended
from time to time.
19.34.020 Permitted uses.
The following are the principal permitted uses in a C -N district:
A. Grocery, fruit or vegetable store;
B. Bakery;
C. Drugstore;
D. Barbershop and beauty shop;
E. Clothes-cleaning pickup agency with incidental pressing;
F. Business or professional office;
G. Restaurant, cafe or soda fountain, not including entertainment, dancing or sale of liquor, beer, or
other alcoholic beverages for consumption on the premises or drive -in car service;
H. Commercial parking lot for passenger vehicles, subject to the requir ements of CVMC Sections
19.62.010 through 19.62.130;
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I. Coin-operated laundry, with maximum capacity washing units of 20 po unds and comparable
drying equipment, and clothes -cleaning agency;
J. Any other retail business or service establishment supplying commodities or performing services
for residents of the neighborhood which is determined by the Planning Commission to be of the
same general character as the above -mentioned retail business or service uses, and open during
normal business hours of the above uses;
K. Accessory uses and buildings customarily appurtenant to a permitted use, such as incidental
storage facilities and satellite dish antennas, in accordance with the provisions of CVMC Sections
19.22.030(F)(1) through (9);
L. Agricultural uses as provided in CVMC Sections 19.16.030;.
M. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7, as amended
from time to time.
19.36.020 Permitted uses.
Principal permitted uses in the C -C zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for residents of the City
as a whole or the surrounding community such as department stores, specialty shops , banks,
business offices, and other financial institutions and personal service enterprises;
B. Restaurants, and sale of beer or other alcoholic beverages for consumption on the premises
only where the sale is incidental with the sale of food;
C. Bona fide antique shops, but not including secondhand stores or junk stores;
D. Parking structures and off -street parking lots, subject to the provisions of CVMC Section
19.58.230;
E. Electrical substations and gas regulator stations, subject to the provisions of CVMC
Section19.58.140;
F. Massage parlors, subject to the provisions of CVMC Chapter 5.36 CVMC;
G. Any other retail business or service establishment which the Zoning Administrator finds to be
consistent with the purpose of this title and which will not impair the present or poten tial use of
adjacent properties;
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H. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish
antennas in accordance with the provisions in CVMC Sections 19.22.030(F)(1) through (9);
I. Agricultural uses as provided in CVMC Section 19.16.030;
J. Mixed commercial-residential projects, if designated by the Chula Vista General Plan as MUR,
subject to the provisions of CVMC Section 19.58.205;.
K. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7, as amended
from time to time.
19.38.020 Permitted uses.
Principal permitted uses in the C -V zone are as follows:
A. Hotels/motels, subject to the provisions of CVMC Section 19.58.210, with such incidental
businesses to serve the customer or patron; provided, such incidental uses and businesses not
otherwise permitted in this zone shall be operated in the same building and in conjunction with this
permitted use;
B. Restaurants with a cocktail lounge as an integral part;
C. Art galleries;
D. Handicraft shops and workshops;
E. Bona fide antique shops, but not including secondhand stores or junk stores;
F. Theaters;
G. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish
antennas in accordance with the provisions in CVMC Sections 19.22.030(F)(1) through (9) and (11)
through (13);
H. Electrical substations and gas regulator stations, subject to the provisions of CVMC Section
19.58.140;
I. Agricultural uses as provided in CVMC Section 19.16.030;
J. Artists’ supply and materials stores;
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K. Clothing sales (new);.
L. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7, as amended
from time to time.
19.40.020 Permitted uses.
Principal permitted uses in a C-T zone are as follows:
A. Stores, shops and offices supplying commodities or performing services for residents of the City
as a whole or the surrounding community, such as department stores, banks, business offices and
other financial institutions and personal service enterprises;
B. New car dealers and accessory sale of used cars (see CVMC Section 19.40.030 for used car
lots); electric vehicle (“EV”) service and sales; boat and equipment sales and rental establishments,
subject to the provisions of CVMC Section 19.58.070;
C. Hotels/motels, subject to the provisions of CVMC Section 19.58.210 ;
D. Retail shops for the sale of auto parts and accessories, souvenirs, curios and other products,
primarily to serve the traveling public ;
E. Restaurants and cocktail lounges (dance floors subject to the provisions of CVMC Section
19.58.115 and Chapter 5.26 CVMC);
F. Animal hospitals and veterinary clinics, subject to the provisions of CVMC Section 19.58.050;
G. Bakery and creamery establishments;
H. Printing and publishing or lithographic shops;
I. Commercial recreation facilities, such as swimming pools, bowling alleys, and skating rinks,
subject to the provisions of CVMC Section 19.58.040;
J. Plant nurseries;
K. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish
antennas in accordance with the provisions in CVMC Sections 19.22.030(F)(1) through (9) and (11)
through (13);
L. Electrical substations and gas regulator stations, subject to the provisions of CVMC Section
19.58.140;
M. Agricultural uses as provided in CVMC Section 19.16.030 ;
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N. Sexually oriented businesses, subject to the provisions of CVMC Section 19.58.024;
O. Used clothing sales;
P. Knitting and weaving shops;
Q. Upholstery shops;
R. Massage parlors, subject to the provisions of CVMC Chapter 5.36 CVMC.;
S. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7 , as amended
from time to time.
19.42.020 Permitted uses.
Permitted uses in an I-R zone are as follows:
A. Laboratories; research, experimental, film, electronic or testing;
B. Manufacture and assembly of electronic instruments and devices;
C. Manufacture and assembly of office computing and accounting machines and typewriters;
D. Manufacture and assembly of electric measuring instruments and test equipment;
E. Electrical substations and gas regulator stations, subject to the provisions of CV MC 19.58.140;
F. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
G. Any other research or any light manufacturing use determined by the Commission to be of the
same general character as the above -permitted uses;.
H. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7 , as amended
from time to time.
19.44.020 Permitted uses.
Permitted uses in an I-L zone are as follows:
A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products
from previously prepared materials, not including any prohibited use in this zone;
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B. Manufacturing of electrical and electronic instruments, devices and compo nents;
C. Wholesale businesses, storage and warehousing;
D. Laboratories; research, experimental, film, electronic and testing;
E. Truck, trailer, mobilehome, boat and farm implement sales establishments;
F. Public and private building material sales y ards, service yards, storage yards, and equipment
rental;
G. Minor auto repair;
H. Laundries, laundry services, and dyeing and cleaning plants, except large -scale operations;
I. Car washing establishments, subject to the provisions of CVMC Section 19.58.060;
J. Electric vehicle (“EV”) service and sales;
K. Plumbing and heating shops;
L. Exterminating services;
M. Animal hospitals and veterinarians, subject to the provisions of CVMC Section 19.58.050;
N. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in
CVMC Section 19.44.050;
O. Electrical substations and gas regulator stations, subject to the provisions of CVMC Section
19.58.140;
P. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
Q. Agricultural uses as provided in CVMC Section 19.16.030;
R. Emergency shelters, limited subject to the provisions of CVMC Section 19.58.143 ;.
S. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7 , as amended
from time to time.
19.46.020 Permitted uses.
Permitted uses in an I zone are as follows:
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A. Any manufacturing, processing, assembling, research, wholesale, or storage uses except as
hereinafter modified;
B. Automobile and metal appliance manufacturing and assembly, structural steel fabricating shops
and machine shops;
C. Brick or pottery manuf acturing and stone or monument works;
D. Trucking yards, terminals, and distributing operations;
E. Liquefied natural gas plants;
F. Temporary tract signs, subject to the provisions of CVMC Sections 19.58.320 and
19.60.600(E)(2);
G. Any other use which is determined by the Commission to be of the same general character as
the above uses;.
H. Hydrogen fueling facilities, in conformance with Government Code Section 65850.7 , as amended
from time to time.
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19.58.445 Portable storage and shipping containers.
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 CVMC Chapter 1.30.
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 at the discretion of the City Engineer.
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).
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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.
G. Development Standards – Portable Storage Containers. Use of portable storage containers shall
be subject to the following limitations and approval of an encroachmentuse permit byfrom the City
Engineer.
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. On private property, portable storage containers shall first be placed within a
garage, and secondly within a driveway and not blocking a sidewalk. 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 by the City Engineer.
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 by the City Engineer, 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.
Page 85 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Attachment #9
19.58.330 Trailers.
(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
(7) days, in any given thirty (30)-calendar-day period, by guests or visitors of residents of the City
and said vehicle is parked upon the property of the resident.
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.
2. Appurtenances of recreational vehicles and camping trailers, including but not limited to pop-
outs (slide-outs) or covers, shall not extend over any property lines.
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
Page 86 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Attachment #9
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.
19.58.400 Recreational vehicle storage yards.
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.
Page 87 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Attachment #9
Page 88 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Municipal Code Update
1
Planning Commission
Item 5.1
November 12, 2025
Page 89 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Proposed Amendments
Three (3)Categories
•Procedural
•State Law Compliance
•Land Use and Development
Page 90 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Administrative Citations and
Enforcement Procedures
Procedural
Issue –>Process changes needed to add flexibility to the use of
administrative remedies and offer enforcement officers more
options to obtain prompt compliance in addressing both major and
minor CVMC and state law violations.
Solution –>Remove unnecessary procedural restrictions while
maintaining due process. Increase potential penalties as an added
incentive to correct violations.
Page 91 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Cannabis Permits
Issue –>Clarification is needed in situations where cannabis
businesses let their licenses lapse.
Solution –>Add language stating cannabis licenses are no longer valid
if the City does not receive a renewal application by the previous
year’s license expiration date.
Procedural Page 92 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Public Noticing and Appeal
Processing Timeframes
Issue –>Discrepancies exist within the
timeframes for public noticing and appeal
applications; conflict between business and
calendar days.
Solution –>Establish timelines for three
different scenarios: 1) Development projects
requiring a public notice and ordinance
adoption; 2) Development projects requiring a
public notice and resolution adoption; 3) Appeal
period timeframes for all project types.
Procedural Page 93 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Development Impact Fee Project Exemptions
Issue –>State Law requires all development contributing to the
need for public facilities, must bear its proportionate share of cost.
Exempting such projects shifts their impact costs to unrelated
private developments, violating principles of nexus and
proportionality. Fee allocations must reflect actual, measurable
impacts from the exempted development.
Solution –>Revise the applicable CVMC sections for better
consistency with Government Code Section 66001.
State Law Compliance Page 94 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Hydrogen Fueling Facilities
Issue –>SB1418 requires jurisdictions larger than 250,000 people to
allow hydrogen fueling facilities in commercial and industrial zones, and,
have a permitting process in place for them.
Solution –>Hydrogen fueling stations become a permitted use in
commercial and industrial zones.
State Law Compliance Page 95 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Temporary and Permanent Storage Containers
Land Use &Development
Issue –>Additional language is needed regarding the
placement/location of said containers, and, the permitting process for
them if they are to be located within the street.
Solution –>Clarify a container shall be placed first on-site either in a
garage or driveway, and then in the street. Specify a temporary
encroachment permitting process is required for any containers
temporarily stored in the street.
Page 96 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Topic:Recreational Vehicle Storage and Habitation
Land Use &Development
Issue –>City Code Enforcement Officers
routinely deal with complaints regarding
vehicles being used as dwellings for
extended time periods. Additionally, two
separate CVMC sections speak to this topic
and need to be consolidated into one
resource.
Solution –>Consolidate two sections within
this Title to create one area for recreational
vehicle storage and habitation standards,
and, establish timeframes for vehicle
habitation to discourage extended or
permanent residency.
Page 97 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Stakeholder Engagement
Development Oversight Committee
•Provided draft amendments on September 4,
2025;
approved of changes.
Page 98 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
RECOMMENDATION
Adopt a Resolution,recommending
approval to the City Council to adopt an
Ordinance approving the revisions to
the Municipal Code.
Page 99 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
v . 0 0 1 P a g e | 1
November 12, 2025
ITEM TITLE
Conditional Use Permit for Alcohol Sales within an existing vacant commercial tenant space
Location: 2326 Proctor Valley Road (APN: 595-030-59)
G.C. § 84308 Regulations Apply: Yes
Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301
(Existing Facilities) of the California Environmental Quality Act (“CEQA”) Guidelines.
Recommended Action
Conduct a public hearing and adopt a resolution approving Conditional Use Permit PLN25-0028 (CUP25-
0028) to allow the sale of alcoholic beverages for offsite consumption in an existing commercial tenant space
based on the findings and CEQA exemption, and subject to the conditions contained therein.
SUMMARY
Good Time MH, Inc. (“Applicant”) requests approval to sell hard liquor, beer, and wine for offsite
consumption within an existing vacant commercial tenant space in the Retail Commercial District of the San
Miguel Ranch Sectional Planning Area (“Project”).
HOUSING IMPACT STATEMENT
The subject property was not designated in the Housing Element as a site to contribute to the City’s regional
housing need. Therefore, there is no net loss of housing capacity toward fulfilling the City’s housing
allocation.
ENVIRONMENTAL REVIEW
The proposed Project qualifies for a Class 1 categorical exemption pursuant to Section 15301 (Existing
Facilities) of the CEQA Guidelines because the proposed Project would involve a negligible or no expansion
of the use at this location. Further, no exception to the categorical exemption exists under CEQA Guidelines
section 15300.2 because the proposed Project would not impact any environmental resources of hazardous
or critical concern, result in a significant effect on the environment, create a cumulative significant
environmental impact, damage a scenic highway, be located on a designated hazardous waste site or cause a
substantial adverse change in the significance of a historical resource. No additional environmental review
is required.
Page 100 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 2
DISCUSSION
Project Description
The Project proposes the retail sale of hard liquor, beer, wine, and pre-packaged snacks (juices, water, energy
drinks, chips, candy, pastries, etc.) for offsite consumption in an existing vacant tenant space within the
commercial shopping center in San Miguel Ranch. The proposed market will operate between the hours of
8:00 AM and 10:00 PM and will offer a wide range of alcoholic beverages and related items, functioning as a
liquor store. In accordance with Table 2-4 of the San Miguel Ranch Planned Community District Regulations,
liquor stores in the Retail Commercial District require a Conditional Use Permit to be reviewed and approved
by the Planning Commission.
In addition to the Conditional Use Permit, the Applicant is required to obtain a Type 21 license from the
California Department of Alcoholic Beverage Control (ABC).
The Applicant has committed to providing employee training, surveillance cameras, and fiscal incentives to
prevent alcohol sales to minors, and the Project is proposed to be conditioned such that signage advertising
the sale of alcoholic beverages is oriented internally and beverages cannot be sold in single-unit containers.
Project Site Characteristics
The subject property is located at the corner of Mount Miguel Road and Proctor Valley Road (Attachment 1).
The site is located within the San Miguel Ranch Sectional Planning Area and zoned Retail Commercial (CR),
with a General Plan designation of Retail Commercial (CR). The table below identifies the General Plan land
use designations and zoning designations of the subject property and its surroundings.
Land Use Designations and Existing Land Uses
General Plan Zoning Designation Existing Land Use(s)
Page 101 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 3
West Medium Residential (RM) Residential (RC-22) Multifamily Residential
Analysis
The San Miguel Ranch Planned Community District Regulations indicate that the administration of uses
requiring a Conditional Use Permit must comply with the applicable provisions of the Chula Vista Municipal
Code (“CVMC”), which include the following findings in CVMC Section 19.14.080: That the proposed use at
the particular location is necessary or desirable to provide a service or facility which will contribute to the
general wellbeing of the neighborhood or the community; that such use will not, under the circumstances of
the particular case, be detrimental to the health, safety or general welfare of persons residing or working in
the vicinity, or injurious to property or improvements in the vicinity; that the proposed use will comply with
the regulations and conditions specified in Title 19 (or the applicable land use standards) for such use; and
that the granting of a conditional use permit will not adversely affect the City’s General Plan or the adopted
plan of any governmental agency.
The proposed use will add to the vibrancy of the shopping center by occupying a currently vacant space.
Conditions will be placed on the Project to minimize potential negative impacts created by the use, including
limits to the hours of operation and placement of signage. Further, the Project is consistent with uses
normally permitted in the CR district of the San Miguel Ranch Sectional Planning Area and the CR land use
designation in the Chula Vista General Plan and will not adversely affect its implantation.
CONCLUSION
After reviewing the proposed Project in light of the findings required by the CVMC, staff recommends that
the Planning Commission approve the Project, based on these findings , CEQA exemption, and the proposed
conditions of approval, which are outlined in the attached resolution.
DECISION-MAKER CONFLICT
Staff reviewed the property holdings of the Planning Commission members and found no property holdings
within 1,000 feet of the boundaries of the subject property. Consequently, this item does not present a
disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2,
section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware nor has been informed by any Planning Commission member of any other
fact that may constitute a basis for a decision-maker conflict of interest in this matter.
FISCAL IMPACT
All costs incurred processing this application are borne by the Applicant, resulting in no net fiscal impact to
the Development Services Fund or the General Fund.
ATTACHMENTS
1. Location Map
Page 102 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
P l a n n i n g C o m m i s s i o n S t a f f R e p o r t P a g e | 4
2. Resolution No. 2025-xxx, approving PLN25-0028 (CUP25-0028)
3. Project Plans
4. Disclosure Statement
Staff Contact: Tanairi Romano, Associate Planner, Development Services
Desmond Corley, AICP, Principal Planner, Development Services
D. Todd Philips, Ed.D., Planning Manager, Development Services
Page 103 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 104 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
RESOLUTION NO. 2025-
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA APPROVING CONDITIONAL USE
PERMIT PLN25-0028 (CUP25-0028) TO ALLOW THE SALE OF
ALCOHOLIC BEVERAGES FOR OFFSITE CONSUMPTION
WITHIN AN EXISTING 11,800-SQUARE FOOT RETAIL
TENANT SPACE LOCATED WITHIN THE RETAIL
COMMERCIAL (CR) DISTRICT OF THE SAN MIGUEL
RANCH SECTIONAL PLANNING AREA
WHEREAS, on June 12, 2025, a duly verified application for a Conditional Use Permit
was filed with the City of Chula Vista Development Services Department by Good Time MH,
Inc. (“Applicant”) for property owned by University Square I, LLC (“Property Owner”); and
WHEREAS the area leased by the Applicant, which is the subject of this Resolution, is a
portion of an existing commercial shopping center, identified by Assessor’s Parcel Number 595 -
030-59 and otherwise known as Unit 108 of 2326 Proctor Valley Road (“Project Site”); and
WHEREAS the Applicant requests approval of a Conditional Use Permit for the retail
sale of alcohol for offsite consumption (“Project”); and
WHEREAS, in accordance with Chapter III (Commercial District), Section 3.2
(Permitted and Conditional Uses) of the San Miguel Ranch Planned Community District
Regulations, liquor stores are permitted in the CR district with a Conditional Use Permit
approved by the Planning Commission; and
WHEREAS the Director of Development Services set the time and place for a hearing
before the Planning Commission of the City of Chula Vista (“Planning Commission”), and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior
boundaries of the property at least ten (10) days prior to the hearing; and
WHEREAS the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, before the Planning Commission, the Planning Commission heard
the staff presentation and any public testimony, and the hearing was thereafter closed; and
WHEREAS City staff recommended that the Planning Commission approve PLN25-
0028 (CUP25-0028) in accordance with the findings and subject to the conditions of approval
contained within this Resolution; and
WHEREAS the Planning Commission reviewed and considered the staff report and
related materials for PLN25-0028, as well as other Project materials, in accordance with all City
codes and requirements.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that, after
incorporation of the Recitals above, it hereby makes the following findings:
A. COMPLIANCE WITH CEQA
The proposed Project qualifies for a Class 1 Categorical Exemption pursuant to Section
Page 105 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 2
15301 (Existing Facilities) of the CEQA Guidelines, and no exceptions to the Categorical
Exemption exist pursuant to CEQA Guidelines section 15300.2. The Project involves
negligible or no expansion of use(s). No further CEQA review is required.
B. CONDITIONAL USE PERMIT FINDINGS
1. The proposed use at this particular location is necessary or desirable to provide a
service or facility that will contribute to the general wellbeing of its neighborhood or
the community.
The proposed use will add to the vibrancy of the shopping center by occupying a currently
vacant space. Further, Good Times Market will create sales tax revenues for the City,
which will ultimately contribute to the general wellbeing of the community.
2. Such use will not, under the circumstances of this particular case, be detrimental to
the health, safety, or general welfare of persons residing or working in the vicinity,
nor will it be injurious to property or improvements in the vicinity.
The Applicant has committed to providing employee training, surveillance cameras, and
fiscal incentives to their employees to prevent alcohol sales to minors. All necessary
building permits will comply with the applicable provisions of the California Building
and Fire codes, and the hours of operation, including the sale of alcoholic beverages, will
be limited to the hours between 8:00 AM and 10:00 PM daily. Additionally, the Chula
Vista Police Department will monitor compliance with the conditions of the required
Type 21 license that the Applicant must obtain from the California Department of Alcoholic
Beverage Control.
3. The proposed use will comply with the regulations and conditions specified in the
San Miguel Ranch Sectional Planning Area (SPA) Plan and the Chula Vista
Municipal Code (“CVMC”) for such use.
The Project will adhere to the applicable performance standards set forth in CVMC
Chapter 19.66. Additionally, the proposed conditions of this permit are in proportion to
the nature and extent of the impacts created by the use in that the conditions imposed are
directly related to, and of a nature and scope related to, the size and impacts of the use.
Approval of this permit is contingent upon the Applicant’s and Property Owner’s
commitment to satisfy all conditions of approval for the proposed use and will comply
with all applicable regulations.
4. Granting this permit will not adversely affect the General Plan of the City or the
adopted plan of any government agency.
The General Plan designates the site as Retail Commercial (CR). This Project, as approved
by a Conditional Use Permit pursuant to the San Miguel Ranch SPA Plan, is consistent
with CR-permitted land uses. The Project is consistent with the General Plan land use
designation and will not adversely affect implantation of the General Plan.
Page 106 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 3
BE IT FURTHER RESOLVED by the Planning Commission, based on the findings
above, that it hereby approves PLN25-0028 (CUP25-0028), subject to the following conditions
(enforcement responsibility indicated by bold headings):
Police Department
1. Sales of alcoholic beverages shall be permitted only inside the premises between the hours of
8:00 AM and 12:00 AM midnight each day of the week. daily.
2. No beer or malt beverage products shall be sold, regardless of container size, by single
containers. Such products shall only be sold in manufacturer pre-packaged multi-unit
quantities.
Planning Division
3. Except for signage that includes the applicant’s business or trade name, there shall be no
other exterior advertising or sign of any kind or type, including advertising directed to the
exterior from within, promoting or indicating the availability of alcoholic beverages.
4. The Applicant shall eliminate any graffiti on the building they occupy upon receiving actual notice
of its presence.
5. The Applicant shall execute this permit only as the authorized use. Any new use or
modification/expansion of uses shall be subject to review and approval by the Zoning
Administrator.
6. The requirements and restrictions of the State Department of Alcoholic Beverage Control
(“ABC”) license issued for the Project Site shall be in addition to this approval. Prior to
initiating use in reliance on this permit, the Applicant shall obtain necessary permit
approvals from Department of Alcoholic Beverage Control (ABC). Business shall be
conducted in a manner that will not violate any provisions of the California Alcoholic
Beverage Control Act.
7. No licensee, manager or server shall sell, serve or deliver to a patron any alcoholic
beverage unless he or she has completed Responsible Beverage Service and Sales
(“RBSS”) training conducted by the ABC or by a certified RBSS training provider.
8. The Applicant shall provide video surveillance on both the interior and related publicly
accessible areas in the exterior of the premises. Such video recordings shall be maintained
for a minimum of seven days and shall be provided to the Chula Vista Police Department
or related law enforcement agencies with jurisdiction. The Applicant shall cooperate with
Chula Vista Police Department or related law enforcement agencies by providing all
video surveillance for the investigation and prosecution of criminal acts within or near the
premise.”
Page 107 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 4
BE IT FURTHER RESOLVED by the Planning Commission that the following general
conditions shall apply to the Project Site for as long as it relies upon this approval:
1. The Applicant shall maintain the Project and the Project Site in accordance with the
approved plans for PLN25-0028 (CUP25-0028), which include a site plan and floor plans
on file with the Development Services Department. The Project shall also maintain
compliance with the conditions contained herein and Title 19 of the CVMC.
2. Approval of this permit shall not waive compliance with any provisions of the CVMC nor
any other applicable laws and regulations in effect at the time of permit issuance.
3. The Applicant and Property Owner shall and do hereby agree to timely and fully indemnify,
protect, reimburse, defend, and hold harmless the City, its City Council members, Planning
Commission members, officers, employees, and representatives from and against any and
all liabilities, losses, damages, demands, claims, and costs, including any costs, fees, and
expenses to prepare the administrative record for any challenge to the Project approvals
and/or compile a response to a Public Records Act request(s) to provide the record of
proceedings materials for the Project, the City’s costs to retain its own defense counsel to
defend any challenge to any Project-related approvals, court costs and attorney fees
(collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the
City’s approval and issuance of this permit and (b) the City’s approval or issuance of any
other permit or action, whether discretionary or non-discretionary, in connection with the
use contemplated herein, and the Applicant shall acknowledge their agreement to this
provision by executing a copy of this permit where indicated below. The Applicant and
Property Owner’s compliance with this provision is an express condition of this permit and
shall be binding on any and all of the Applicant/operator’s successors and assigns.
GOVERNMENT CODE SECTION 66020(d)(1) NOTICE
Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the
90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this Resolution begins on the effective date of this Resolution, any such protest must
be in a manner that complies with Government Code Section 66020(a), and failure to timely follow
this procedure will bar any subsequent legal action to attack, review, set aside, void, or annul
imposition. The right to protest the fees, dedications, reservations, or other exactions does not
apply to planning, zoning, grading, or other similar application processing fees or service fees in
connection with this Project, and it does not apply to any fees, dedication, reservations, or other
exactions which have been given notice similar to this, nor does it revive challenges to any fees
for which the statute of limitations has previously expired.
Page 108 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 5
EXECUTION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood, and agreed
to the conditions contained herein and will implement the same. Upon execution, this document
shall be signed and returned to the City’s Development Services Department.
____________________
Maher Hanna Date
for Good Time MH, Inc.
(Applicant)
______________________
Joseph Ramani Date
for University Square I, LLC
(Property Owner)
CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fails to be met, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fails to be so implemented and
maintained according to their terms, the City shall have the right to revoke or modify all approvals
herein granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted; institute and prosecute litigation to compel their compliance with said conditions; or seek
damages for their violation. Failure to satisfy the conditions of this permit may also result in the
imposition of civil or criminal penalties.
INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the Planning Commission that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision, and condition herein stated
and that in the event that any one or more terms, provisions, or conditions is determined by a Court
of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit
shall be deemed to be automatically revoked and of no further force and effect.
Presented by Approved as to form by
___________________ __________________
Roy Sapa’u Marco A. Verdugo
Director of Development Services City Attorney
Page 109 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
GOOD TIMES MARKET
PROJECT DATA
511t ADDRE:55 2'?26 PROCfOR VALLE:Y RD 51t. 108
CHULA Vl5f A, CA 91914
APN 090-0'!J0-09-00
LE:liAL MAP 20100 P/WCE:L 2* POR Of
OWNE:R UNIVE:R51fY SQUARE
ffNANf
ZONE:
BLDu fYPE:
lllll 5PNfA MONICA!?LVD Vt? =1+020
✓05 ANCfLE:5 CA 90020
uOOD 11ME:5 MflRKE:f
f'./\PRK HANNA C 619) 729-0920
2'?26 PROC,OR VALLE:Y ROAD 51t 108
CHULA Vl5-rA, CA 91914
CR 5AN MluUE:L RANCH
V-NR
OCCUPANCY
OCUPAN, LOAD
USE:
B
20 PE:R50N5
RE:,AJL
5PRINKLE:R
5f0RIE:5
Ye5
ONE:
SHEET INDEX
Al
A 2
A 4
PROJE:C, DA-rA
511t PLAN
FLOOR PLAN
E:LE: VA110N5
A 0 LIGH11Nu PLAN
SCOPE OF �ORK
CONDl110NAL USE: PE:RMl-r fOR E:Xl511Nu COMME:RCIAL. 5P,A(J -ro [jf USE: Po MIWKE:, ,O
5ALE: RE:fAIL HfWt7 LIQUOR, r:tE:R & WINE:. PLUS PRl::-PKK PRODUCE:: CHIP5,CANDY, SODA,
DAIRY PROt?UC,5. Clu/W5 AND MMAZINE:5.
OUWOOR OR INDOOR 5E:A11Nu: NONE: PROVIDE:D
HOUR5 Of OPE:RA110N fOR 5E:LL/Nu ALCOHOL: 8 AM fO 10 PM ALL DAY5 Of Vv1;fK
NUMBE:R Of E:MPLOYeE:5 : 4 MAX. NUMBE:R 0� E:MPLOYeE:5 A, ONE: flME: 2
ff NAN, ARE:A Of WORK: 2,119 5f
'NO ADDI' 01 AL FLOOR AREA -<ATIO A'lD 0-,A GE 'l US::
0 MODIFICATIONS TO THC STRJCTURAL SYSTEM OF THE EXIST! G BUILDING 1/'llLL BE MADE V'llTH THIS PERMIT.
APPLICABLE CODES
PROJE:Cf SHPLL COMPLY fO:
2022 E:Dl110N Of me CALIFORNIA E:NE:RuY CODE: C 11-rLE: 24)
2022 Cl?C, CMC, CPC, ac & CFC
VICINITY MAP
SITE
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P�OJEGT DATA
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City of Chula Vista Planning Commission
November 12, 2025 Agenda
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November 12, 2025 Agenda
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November 12, 2025 Agenda
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Item 5.2
November 12, 2025 1
Planning Commission
Good Time Market
2326 Proctor Valley Rd.
Page 115 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Vicinity Map
N
Mt
.
M
i
g
u
e
l
R
d
FS
Community
Park
Senior Living
Residential Residential
Project Site
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City of Chula Vista Planning Commission
November 12, 2025 Agenda
Project Location
Mo
u
n
t
M
i
g
u
e
l
R
d
Project
Location
N
Page 117 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
Site Photos
VIEW FROM PARKING LOT
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November 12, 2025 Agenda
Site Photos
FRONT ELEVATION
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City of Chula Vista Planning Commission
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Site LayoutSite Layout
Project Layout Page 120 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
RECOMMENDATION
Adopt a Resolution approving
Conditional Use Permit PLN25-0028
(CUP25-0028).
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City of Chula Vista Planning Commission
November 12, 2025 Agenda
Page 1
City of Chula Vista
Regular Planning Commission Meeting
MINUTES
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 6:00 p.m.
2. ROLL CALL
Deputy City Clerk Zepeda called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by Commissioner Combs.
4. CONSENT CALENDAR (Items 4.1 through 4.2)
Chair Leal introduced the new Director of Development Services Roy Sapa'u.
Moved by Commissioner Combs
Seconded by Commissioner Sanfilippo
To approve the recommended action on the below consent calendar items. The
motion was carried by the following vote:
Result, Carried (6 to 0)
Page 122 of 124
City of Chula Vista Planning Commission
November 12, 2025 Agenda
2025-09-24 Planning Commission Regular Meeting Minutes
Page 2
4.1 Approval of Meeting Minutes
To approve minutes dated: August 27, 2025
4.2 Consider Request for Excused Absence
To approve an excused absence for Commissioner Felber from the August
27, 2025, Planning Commission m eeting.
5. PUBLIC COMMENTS
There were none.
6. PUBLIC HEARINGS
6.1 Conditional Use Permit & Design Review: New Construction and
Establishment of a Battery Energy Storage System (“BESS”) Facility
Notice of the hearing was given in accordance with legal req uirements,
and the hearing was held on the date and no earlier than the time
specified in the notice.
Associate Planner Tarka and applicant Paul Cummins provided
presentations and assisted in answering questions on the item. Fire
Division Chief, Director of Fire Prevention Gipson also assisted in
answering questions on the item.
Chair Leal opened the public hearing.
Ansermio Estrada, Chula Vista resident, and Jason Anderson, San Diego
resident, spoke in support of the item.
There being no further members of the public who wished to speak, Chair
Leal closed the public hearing.
Moved by Vice Chair Torres
Seconded by Commissioner Combs
To adopt Resolution No. 2025-07. The motion was carried by the following
vote:
Result, Carried (7 to 0)
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November 12, 2025 Agenda
2025-09-24 Planning Commission Regular Meeting Minutes
Page 3
Item 6.1 heading
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL MAKE
CERTAIN FINDINGS OF FACT AND APPROVE CONDITIONAL USE
PERMIT CUP24-0024 AND DESIGN REVIEW DR24-0016 FOR THE
ESTABLISHMENT AND CONSTRUCTION OF A BATTERY ENERGY
STORAGE SYSTEM FACILITY ON APPROXIMATELY 1.9 ACRES OF A
3.82-ACRE PARCEL WITHIN A LIMITED INDUSTRIAL – PRECISE PLAN
ZONE
6.2 Comprehensive Code Update - Consideration of Amendments to the
Chula Vista Municipal Code - 25-0217
The item was not heard and was continued to the October 22, 2025,
meeting.
7. STAFF REPORT
Planning Manager Philips provided project and staff updates.
8. CHAIR'S COMMENTS
Chair Leal expressed appreciation to attendees and the Commission.
9. COMMISSIONERS' COMMENTS
Commissioners offered comments and acknowledgements to Chair Leal.
10. ADJOURNMENT
The meeting was adjourned at 7:19 p.m.
Minutes prepared by: Mariluz Zepeda, Deputy City Clerk
_________________________
Mariluz Zepeda, Deputy City Clerk
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City of Chula Vista Planning Commission
November 12, 2025 Agenda