Attachment #3 – Changes to
Department and Director Titles
6.08.080 Kennels, catteries and pet shops – Permit prerequisites.
No permit for the activities included in this chapter shall be valid unless it shall have has been certified by the Director of Development Services, Planning and Building or designee, as not being in conflict with ordinances and local regulations concerning planning and zoning.
9.40.030 Application for conversion or discontinuance of mobilehome or trailer park.
A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning, subdivision map, or the issuance of any permit, including a building permit, which would allow the use of any properties presently or hereinafter utilized for mobilehome or trailer parks to be used for any purpose other than a mobilehome or trailer park, or prior to th e cessation of use of all or any part of a mobilehome or trailer park, an application to convert from such use or to discontinue must be filed with the Community Development Development Services Department. The requirements of this section shall be applicable whether or not the mobilehome or trailer park is:
1. Located within an exclusive mobilehome park zone;
2. Located within a zone subject to conditional use permit; or
3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights.
B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer park.
1. A relocation plan which shall make adequate provision for the relocation of the mobilehome or trailer owner/occupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer park;
2. A profile of the existing park, including:
a. Number of spaces,
b. Names and addresses of all mobilehome or trailer owner/occupants,
c. Date of manufacture of each home,
d. Replacement value of each home,
e. Estimated cost of relocation of each home,
f. Length of tenancy of each mobilehome or trailer owner/occupant,
g. Estimated income and age of each mobilehome or trailer owner/occupant;
3. A timetable for vacating the existing park;
4. Evidence satisfactory to the Community Development Director of Development Services, or designee , that agreements satisfying the relocation assistance requirements of this chapter have been offered to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to, the following:
a. Written agreements to relocate mobilehomes or trailers owned by low - and moderate-income mobilehome or trailer owner/occupants,
b. Assistance for low - and moderate -income mobilehome or trailer owner/occupants in the form of payment by the park owner of 75 percent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles;
5. Evidence that the park owner has informed all mobilehome or trailer owner/occupants in writing of alternative sites available to them;
6. Evidence that the park owner has agreed to purchase those homes of low - and moderate-income mobilehome or trailer owner/occupants which are determined to be not relocatable due to age and/or condition. Such purchases shall be based on standard insurance replacement criteria;
7. Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property;
8. A narrative summary of planned new use of property to be converted or reason for non-use;
9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three -year notice to vacate, said notice being pursuant to Section 798.56(f) of the Civil Code. If such a three-year notice is given, the applicant must assist all low - and moderate -income displaced mobilehome or trailer owner/occupants in accordance with the following schedule:
If Mobilehome or
Trailer
Owner/Occupant
Vacates Before
End of
Portion of
Expenses
Paid by
Owner
Up to a
Maximum
of
First year 75% $3,000
Second year 50% $2,000
Third year 25% $1,000
C. Submittal to and Decision of the Community Development Director of Development Services, or designee. All of the above application information shall be submitted to the Community Development Director of Development Services, or designee. The Community Development Director of Development Services, or designee, shall make hisa decision in the following manner:
1. If the Community Development Director of Development Services , or designee, determines that the application is complete and conforms with all regulations, policies and guidelines, and that the relocation plan or othe r commitments by the park owner mitigate the impact of conversion or discontinuance on the health, safety and general welfare of persons residing in the mobilehome or trailer park, he shall grant the application for conversion.
2. If the Community Development Director of Development Services , or designee, determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other commitments by the park owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfare of persons residing in the mobilehome or trailer park, he shall deny the application for conversion.
3. The Community Development Director of Development Services , or designee , may establish the date on which the resolution of conversion or discontinuance will become effective. Such date shall not be more than three years from the date of decision of the Community Development Director of Development Services , or designee, or such earlier date as the applicant has complied wit h the provisions of an approved relocation plan and submitted evidence thereof to the Community Development Director of Development Services, or designee.
4. In granting or denying the application for conversion or discontinuance of the mobilehome or tra iler park, the Community Development Director of Development Services, or designee, shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein.
5. A copy of this written finding of facts shall be filed with the City Clerk and the Director of Development Services Planning and Building , or designee, and shall be mailed to the applicant and to the mobilehome or trailer owner/occupants of the mobilehome or trailer park.
6. The decision of the Community Development Director of Development Services, or designee, shall be final on the fifteenth day following the mailing of the decision to the applicant and the mobilehome o r trailer owner/occupants required in subsection (C)(5) of this section, except when appeal is taken to the City Council as provided in subsection (D) of this section.
D. Appeal from the Decision from the Community Development Director of Development Services, or designee.
1. An appeal from the decision of the Community Development Director of Development Services , or designee , on an application for conversion or discontinuance of a mobilehome or trailer park may be taken to the City Council within 15 days following the decision of the Community Development Director. The appeal may be taken by the applicant, any governmental bod y or agency, any owner of real property located within the City or any resident of the City. The appeal shall be in writing on a prescribed form and filed with the City Clerk. The appeal shall specify wherein there was an error in the decision of the Community Development Director of Development Services, or designee. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the City Council.
2. Upon the filing of the appeal, th e Community Development Director of Development Services, or designee, shall set the matter for public hearing before the City Council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows:
a. By at least one publication in the official newspaper of the City, not less than 10 days prior to the date of the hearing;
b. By mailing notices at least 10 days p rior to the date of such hearing to the mobilehome or trailer park owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer park.
3. Upon the hearing of the appeal, the City Council may by resolution affirm, reverse or modify i n whole or in part any determination of the Community Development Director of Development Services, or designee, subject to the same limitations as are placed upon the Community Development Director of Development Services , or designee, by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein.
4. The decision of the City Council shall be final unless appealed to a court of competent jurisdiction.
E. Waiver. The Community Development Director of Development Services, or designee, may recommend to the City Council the acceptance of other mitigating actions by the park owner in lieu of the specific provisions herein if extreme economic hardship would result for the park owner, or if other proposed mitigating actions have recommending benefit.
F. Notification Requirements. In addition to any notifi cation requirements under the California Civil Code , the following notification requirements shall apply to any application for conversion or discontinuance of mobilehome or trailer park use:
1. A minimum of 10 calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer park of the proposed change. Such notice shall be subject to the prior approval of the Community Development Director of Development Services, or designee.
2. No public hearing required hereunder to consider an application for conversion or discontinuance of a mobilehome or trailer park use shall be held unless and until the applicant submits to the Community Development Director of Development Services, or designee, an affidavit approved as to form by the City Attorney declaring that the applicant has given the notice required by this provision.
G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or trailer parks shall be deemed to be a misdemeanor subject to the penalties as established by state law for misdemeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer park where conversion to other uses or discontinuance has been sought or accomplished, and in which violations of the terms and provisions of this chapter have occurred, may seek civil remedies for damages in accordance with the relocation provisions contained herein, no later than one year from the date of lease cancellation or eviction from the mobilehome or trailer park.
Section 10.84.035 Citation authority.
The Director of Development Services (or designee)Planning and Building Director, code enforcement officers and other employees designated by the Director of Development ServicesPlanning and Building Director shall have the authority to enforce Chapters 10.52,
10.84 and 19.62 CVMC by issuing written notice of the violation.
Section 12.48.040 Existing buildings – Occupant duty to obtain number.
It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the proper building number from the Director of Planning and Building and to place this number on said building within 30 days from July 18, 1969.
Section 12.48.050 New bBuildings – Occupant to place number on building when.
It shall be the duty of the lessee, occupant or owner of any new building to place the number assigned by the Director of Development Services, or designee,Planning and Building on said building on or before the day final inspection is made by the Building Inspector.
Section 12.48.060 Enforcement – Notice required – Occupant compliance required.
A. If the Director of Development Services, or designee,Planning and Building finds any building upon which the proper number has not been properly placed as required by this chapter, theyhe may order the applicant, lessee, occupant or owner to obtain and properly place such number within 10 days.
B. The posting of a notice upon the entrance door of such building shall meet the requirements of this section for legal service of such notice or order.
C. It shall be the duty of the lessee, occupant and/or owner of said building to comply with said order.
Section 12.50.020 Authority.
California Penal Code Section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the right -of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Development Services, or designee, Planning and Building or his or her designee to receive applications and fees, issue permit stickers, and monitor the temporary placement of portable signs.
Section 12.50.040 Permit issuance.
A. Except for signs allowed under Section VIII of City Council Policy 465 -02, no sign shall be placed within any portion of the public right -of-way without first being issued a temporary public right-of-way sign permit from the City of Chula Vista. To obtain a permit, the requestor/permittee shall:
1. Complete and sign an application form as required by the Director of Development Services, or designee Planning and Building.
2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the permittees, agents, employees, or other persons acting on the permittees’ behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit.
3. Provide proof of and maintain in force policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, and shall name the City of Chula Vista as additional insured. Lapse of valid insura nce shall immediately render void any permit issued pursuant to this section.
4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign.
B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred.
Section 13.04.010 Definitions.
K. “Grease pretreatment device” shall mean a device conforming to the Uniform Plumbing Code requirements for grease interceptors and/or grease traps approved by the Director and the Director of Development Services, or designee,Planning and Building and designed to remove grease from wastewater before it enters the building sewer.
Section 14.18.250 Duties of the Planning Director of Development Services.
The duties and responsibilities of the Planning Director of D evelopment Services , or designee, shall include, but not be limited to, assuring that the General Plan is consistent with floodplain management objectives in this chapter.
Section 15.18.040 Section 201.1 amended to remove designation of Assistant Director of Planning and Building from the Building Official.
Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula Vista, shall read as follows:
Section 201.1 Administration. The building official is hereby authorized and directed to enforce all the provisions of this code.
The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
Section 15.18.050 Section 205.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Officials within the Board of Appeals.
Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a board of appeals and advisors consisting of seven members w ho are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy. The building official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be pro cessed in accordance with the provisions contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors s hall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures in the city of Chula Vista.
Section 15.20.025 Section 201.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official.
Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as follows:
Section 201.1 Authority. The building official is hereby authorized and directed to enforce all the provision s of this code. For such purpose, the building official shall have the powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to thi s code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code.
Section 15.20.035 Section 203.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official, regarding serving as Advisor to the Housing Advisory and Appeals Board.
Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it appl ies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 203.1 General. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a board of a ppeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy of residential structures. The building official shall be an ex -officio member who shal l not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council.
The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the city of Chula Vista.
Section 15.38.040 Subsection (a) of Section 104.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Official within the Board of Appeals.
Subsection (a) of Section 104.1 of the Urban -Wildland Interface Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:
Board of Appeals and Advisors.
Section 104.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building officia l relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, u se and occupancy. The building official and the fire marshal shall be ex-officio members who shall not be entitled to vote. The building official shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the mayor and confirmed by the city council. The Board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the procedures as may be prescribed by the City Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of Chula Vista.
Section 15.04.017 Other required permits.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit, the applicant shall show compliance with a habitat loss and incidental take (HLIT) permit issued pursuant t o Chapter 17.35 CVMC, for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within:
A. Development areas outside of covered projects, as defined by CVMC 17.35.030;
B. Seventy-five (75) to 100 percent conservation areas, as defined by CVMC 17.35.030; or
C. One hundred (100) percent conservation areas, as defined by CVMC 17.35.030.
Prior to the City’s issuance of a land development permit or cle aring and grubbing permit for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within the development areas of covered projects, as defined by CVMC 17.35.030, the applicant shall show compliance with all applicable provisions of previous project entitlements issued by the City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea plan, as determined by the Director of Development Services Planning and Building or designee.
Prior to the City’s issuance of a land development permit or clearing and grubbing permit for areas that will result in impacts to wetlands or to listed noncovered species, as defined by CVMC 17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or state permits.
Section 15.04.060 Landscaping and irrigation system.
All cut and fill slopes shall be planted and irrigated in accordance with an approved plan.
Said plan shall be prepared in accordance with the City landscape manual and shall be approved by the City landscape architect, and the Director of Development Serv ices Planning and Building or designee, as necessary.
Section 15.04.100 Building construction – Land development permit required – Prerequisite to building permit.
A. An owner of land desiring to do land development work incidental to and in connection with the construction of a building or structure shall present an application and obtain a land development permit or clearing and grubbing permit. The City Engineer may require an on-site field inspection of the rough grading phase of the work between representatives of the City’s Development Services Department Engineering, Planning and Building Departments and the permittee; civil engineer; soil engineer; biologist, as defined by CVMC 17.35.030; and engineering geologist, as appropriate, before the issuance of a building permit. The permittee shall request a field inspection of the rough grading phase, if required, five working days prior to the inspection. The rough grading phase of the land development work described on form PW-E-106B shall be completed prior to the issuance of a building permit except as provided below. The City may suspend any building permit where it is found that land development work is being done or has been done without a land development permit or clearing and grubbing permit until a land development permit or clearing and grubbing permit is issued. The City may not certify to the completion of the building where land development work has been done until a land development permit is obtained and certified as complete.
Section 15.04.140 Completion of work – Final reports.
E. A final biology report, if determined necessary by the Director of Development ServicesPlanning and Building or designee, which includes an assessment of the impacts on sensitive biological resources affected by the land development work.
Section 15.04.145 Notification of completion.
The permittee shall notify the City Engineer when the land development work is ready for final inspection. HeThey shall also notify the City Landscape Architect and the Director of Development ServicesPlanning and Building, or designee, when planting and irrigation are completed. Final approval shall not be given until all work, i ncluding installation of all drainage structures and facilities, sprinkler irrigation systems, planting and all protective devices, has been completed and any required planting established and all as -built plans and reports have been submitted. The City Engineer may accept in writing the completion of all work, or any portion of the work, required by the permit issued in accordance with this chapter and thereupon accept said work or portion thereof.
Section 15.04.150 Exemptions from applicability designated.
D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or basins which are authorized by appropriate permits obtained from the Development Services DepartmentPlanning and Building Department;
K. Clearing and grubbing in an area located entirely within a mapped development area, as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the Director of Development ServicesPlanning and Building , or designee, that no sensitive biological resources, as defined by CVMC 17.35.030, exist;
Section 15.04.155 Contractor – Qualifications required.
Every person doing land development work shall meet such qualifications as may be determined by the City Engineer and/or Director of Development Services , or designee,Planning and Building to be necessary to protect the public interest. The City Engineer and/or Director of Development Services, or designee, sPlanning and Building may require an application for qualification which shall contain all information necessary to determine the person’s qualifications to do the land development work.
Section 15.04.180 Private contract performance bond – Required when – Issuance conditions generally.
Persons performing private contract work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the owner or his agent, or both, as principal in accordance with the provisions co dified in this section through CVMC 15.04.215.
The performance bond/bonds shall be issued by a surety company authorized to do business in the state and shall be approved as to form by the City Attorney. The bond/bonds shall be in favor of the City and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this chapter and the conditions prescribed by the permit. S lope planting and irrigation bonds will be separate from the performance bond requirements for appurtenant structures and grading. They will be held with the Development Services Departmentin the office of the Director of Planning and Building until satisf actory compliance with landscaping and irrigation has been accepted.
Section 15.04.270 Permits – Application – Detailed plans and specifications required.
11. An erosion control plan as may be required by the City Engineer, or, the Director of Development Services, or designeePlanning and Building.
Section 15.04.305 Fees – To be doubled in certain cases – Effect of imposition.
In the event that land development work is commenced without a land development or clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be the normally required permit fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such fee shall defray the expense of enforcement of the provisions of this chapter in such cases.
When land development work commences without a permit and results in damage to sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services, or designee,Planning and Building and the full cost of the restoration shall be borne by the property owner.
When land development work is inconsistent with a permit issued pursuant to Chapter
17.35 CVMC and results in damage to sensitive biological resources, as defined by CVMC
17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services , or designee,Planning and Building and the full cost of t he restoration shall be borne by the property owner. The payment of such fees or penalties as described above shall not prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41 CVMC, or other federal or state law.
Section 17.35.030 Definitions.
“Biologist” means a person meeting the qualifications as established by the Director of Development Services, or designee,Planning and Building and approved by the same. At a minimum, the person shall have at least a four -year college degree in biology, zoology, botany, wildlife management, or other closely related field, with at least two years’ experience conducting field investigations in San Diego County.
“Project area” means an area considered for development and shall include the entire contiguous land under the same ownership or like property interest, or in the case of development proposed by a public agency, the area required for development as determined by the Director of Development Services, or designeePlanning and Building.
17.35.060 Application for HLIT permit.
A. General Submittal Requirements. The following are general submittal requirements for all HLIT permits:
1. Submit a completed application form to the City of Chula Vista Development Services DepartmentPlanning and Building Department – planning division.
3. For project areas located in 100 percent conservation areas, 75 to 100 percent conservation areas, development areas outside of covered projects with indicators or the presence of narrow endemic species or wetlands, or as otherwise deemed necessary by the biological survey as determined by the Director of Development ServicesPlanning and Building , or his/her designee, the applicant shall prepare and submit an opportunities and constraints analysis to evaluate the proposed development and its relationship t o the sensitive biological resources. The opportunities and constraints identified shall be used to determine the portions of the project area that are most suitable for development and those that should be conserved for biological purposes. The opportunities and constraints analysis shall include:
d. Map of the project area at a suitable scale, which includes and clearly delineates, to the satisfaction of the Director of Development Services , or designeePlanning and Building, the following information:
4. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application.
(B)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application.
(C)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Development ServicesPlanning and Building , or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances:
C. For all other HLIT permit applications, the Director of Development ServicesPlanning and Building or, and or his/her designee, may approve, conditionally approve, or deny such permit at a public h earing noticed in accordance with CVMC 19.14.180. The decision Director of Planning and Building decisio n may be appealed to the City Council in accordance with CVMC 19.14.110 and 19.14.130.
Section 17.35.080 Required findings for issuance of an HLIT permit.
(C)1. Prior to issuance of a land development permit or clearing and grubbing permit, the project proponent will be required to obtain any applicable state and federal permits, with copies provided to the Director of Development ServicesPlanning and Building, or his/her designee.
Section 17.35.110 Mitigation.
(A)4. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case -by-case basis by the Director of Development ServicesPlanning and Building , or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be required at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time and the MSCP implementation guidelines.
(B)2. Mitigation for impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or t ransplantation. Mitigation shall be in -kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines.
(C)2. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case -by-case basis by the Director of Development ServicesPlanning and Building , or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section
5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines.
Section 17.35.140 Emergencies.
A. If the emergency work involves only temporary impacts to sensitive biological resources, a HLIT permit is not required, provided the sensitive biological resources are restored to their natural state in accordance with a revegetation plan approved by the Director of Development Servi cesPlanning and Building , or his/her designee. The revegetation plan shall be submitted to the City within 60 days of completion of the emergency work.
Section 17.35.180 Local coastal program.
Prior to issuance of an HLIT per mit for any project located within the Chula Vista local coastal plan (LCP) area, the applicant shall obtain a determination of project consistency with the Chula Vista LCP from the Director of Development Services, or designeePlanning and Building. If the project cannot be deemed consistent with the LCP, an LCP amendment must be completed prior to issuance of the HLIT permit.
Section 19.04.002 Definitions and construction of terms generally.
Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not directionary.
Whenever any of the following t erms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as his/her, or, its representative or agent.
Section 19.14.270 Procedures for enforcing conditional use permits and variances.
(C)3. A general explanation of the matter to be considered including the nature of the recommendation by the Director of Development Services,Planning Director’s or their designee recommendation;
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 modificati on. 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 opi nion of the Director of Development Services , or designee Planning, the proposed changes are significant in scope, the applicant will be notified within 10 days of the written request that a new application and hearing will be required.
Section 19.14.830 Initiation application process.
C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list m ay be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Division of the Planning Department and shall apply to all applications submitted.
Section 19.28.160 Landscaping.
All landscaping in the R -3 zone shall conform to the requirements as specified in the landscaping manual of the City and as approved by the Director of Development Services,Planning or designee.
Section 19.30.150 Landscaping.
All landscaping in the C -O zone shall conform to the requirements as specified in the landscape manual and approved by the Director of Development Services , or designeePlanning. Any parking visible from the street shall be screened with an appropriate screen not less than four feet in height or a masonry wall of three and one -half feet in height.
Section 19.34.210 Landscaping.
The site shall be landscaped in conformance with the landscape manual of the City, and approved b y the Director of Development Services Planning or designee .
Section 19.36.090 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City and approved by the Director of Development Services or designeePlanning.
Section 19.38.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development ServicesPlanning or designee.
Section 19.40.080 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning.
Section 19.46.120 Landscaping.
The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning.
Section 19.48.040 Application – General development plan required – Contents required.
(B)(6)d. Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than on e GDP as deemed appropriate by the Director of Planning and Building Director of Development Services , or designee ); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the general development plan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC
19.48.090 and 19.48.130.
Section 19.48.090 Sectional planning areas and sectional planning area plans – Requirements and content.
(C)1. A site utilization plan of the sectional planning area at a scale of one inch equals 200 feet minimum or as determined by the Director of Development Services, or designee Planning. The plan shall extend a minimum of 300 feet beyond the boundaries of the sectional planning area and show the following:
Section 19.52.020 Permitted uses – Approval required – Application – Planning Commission and City Council action.
B. An application for approval shall be filed with the Planning Department in a manner prescribed by the Planning Commission and shall contain sufficient data and information to as sure a full presentation of the proposed use and the type of improvements and structures to be constructed. The Director of Development Services, or designee,Planning shall, at the earliest possible date, forward the application to the Planning Commission and thereafter to the City Council. Failure of the Planning Commission and the City Council to act on said application within 20 days of the submission date shall be deemed approv edal of the application as submitted. The Planning Commission and the City Council may approve, conditionally approve, or disapprove such applications. No continuance or extension of time beyond the periods set forth herein shall be permitted except upon the stipulation of the applicant.
Section 19.56.230 H hillside mo difying district – Method for computing average natural slope – Formula.
Using a scale and contour interval deemed appropriate by the Director of Development Services, or designeePlanning, the applicant shall show the boundaries of his site, proposed land uses and acreages of each land use, and the average natural slope of the residential acreage of the site, using the following formula:
Section 19.58.042 Carnivals and circuses.
D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by the fire marshal including inspection prior to opening. Security guards as required by the Police Department shall be provided. Uniformed parking attendants are to be determined by the Traffic Engineer. The number of sanitary facilities shall be as determined by the Development Services Department of Planning and Building . All electrical installations shall be inspected and approved by the Development Servi ces Department of Planning and Building.
Section 19.58.055 Auctions of vehicles, heavy machinery and equipment.
E. All areas shall be properly paved, striped and improved to City standards, and screened to the satisfaction of the City Engineer and the D irector of Development Services , or designee)Planning.
Section 19.58.090 Club, country – Golf course.
C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from any property line, and when adjoining property in an R or C zone, shall be effectively landscaped, subject to the approval of the Director of Development Services or designeePlanning and Building .
Section 19.58.130 Dwelling groups.
J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the Director of Development Services Planning or designee, who shall consider whether such development will adversely affect adjacent properties or development.
N. The development shall be subject to site plan and architectural approval of the Director of Development Services or designee Planning.
Section 19.58.142 Electrical generating facilities.
(B)12. All development shall be subject to site plan and architectural approval through the Director of Development Services or designee.
Section 19.58.178 Hazardous waste facilities.
D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of Application.
1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b), at least 90 days before filing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Department and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent (NOI) to make the application. The NOI shall be on such form as approved by the Director of Development Services, or designeePlanning, and shall specify the project location to which it applies, and contain a complete description of the nature, function, and scope of the project.
5. Within 30 days of the filing of the NOI, the applicant shall schedule a preapplication conference with the Planning Department to be held not later than 45 days thereafter, at which time the applicant and the Planning Department shall discuss information and materials necessary to evaluate the application. Within 30 days after this meeting, the Director of Development Services, or designee,Planning shall inform the applicant, in writing, of all submittals nec essary in order to deem the conditional use permit application complete.
6. The applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items, and presented the required application fee. Furthermore, said application shall not be considered and acted upon until it is deemed complete as provided by CVMC 19.14.070, and until all materials necessary to evaluate the application as set forth by the Director of Development Services, or designee,Planning pursuant to subsection (D)(5) of this section have been received and accepted as to content.
Section 19.58.320 Tract office, temporary.
B. If alterations are needed in the initial conversion from a house to a temporary office, the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to assure said work wil l be completed. Upon a recommendation from the Director of Development Services, or designeePlanning and Building or his authorized deputy, hethey shall approve or reject the final alteration work.
Section 19.58.330 Trailers.
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, motor homes, 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 , Planning and Building of the City after an application, in writing, is submitted by the general contractor specifying:
Section 19.58.340 Recycling and solid waste storage.
A. All subdivisions or any new construction requiring a building permit and costing more than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and convenient areas dedicated for the accumulation, temporary storage and removal o f designated recyclables and solid waste. These recycling and solid waste areas shall be enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the Director of Development Services, or designee, Planning to adequately screen the area, built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted) and shall be designed to accommodate the containers used by the recycling and solid waste service company contracted with the City. A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by the Development Services Director of Development Services, or designee.
D. The precise location of any recycling and solid waste area shall be approved by the Director of Development Services , or designee,Planning upon review of the site plan.
Recycling and solid waste areas shall be accessible and convenient to both the occupan ts and franchise hauler and shall only be used for the temporary storage, collection and loading of solid waste and recyclables.
Section 19.58.350 Commercially zoned double frontage lots.
B. A six-foot-high decorative masonry wall shall be constructed across the entire width of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise designated by the Zoning Administrator. The design of the wall shall be uniform throughout the area in which located, and such design shall be subject to the approval of the Director of Development Services, or designeePlanning.
C. The area between the wall and the edge of the sidewalk shall be permanently landscaped. Such landscaped a rea shall be provided with an automatic irrigation system and shall be permanently maintained and kept free of debris. A landscape plan shall be submitted to the Development Services Director of Development Services, or designee, for approval prior to any planting.
F. If new or enlarged commercial development occurs adjacent to the existing dwelling units which face a local street, a fence separating the property shall also be constructed on the side lot line, the length of such fence to be determined by the Development Services Director of Development Services, or designee. Such a fence may be of wood construction.
Section 19.58.370 Outside sales and display – Permanent and temporary.
(B)(1)i. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display; provided, that all other requirements of this section are met, the Director of Development Services , or designee, shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots).
Section 19.58.400 Recreational vehicle storage yards.
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 Development Services Director of Development Services, or designee.
Section 19.60.060 Definitions.
“Director” means the City of Chula Vista Director of Development Services , or such Director’s designee.Planning and Building or such Director’s designee.
Section 19.60.810 Processing of applications.
B. Completeness. The Zoning Administrator shall determine whether the application contains all the information and items required by this chapter. If it is determined that the application is not complete, the applicant shall be notified in person or in writing within 30 days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional inform ation necessary to render the application complete. The applicant shall then have 30 calendar days to submit additional information to render the application complete; failure to do so within the 30 -day period shall render the application void. Within 30 d ays following the receipt of an amended application or supplemental information, the Planning Director, or desi gnee, shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete (the “application date”).
F. Decisions. Where an application is denied by the Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. If the applicant chooses to amend the application to reflect said changes, the Zoning Administrator shall grant the permit within 30 days of when a complete and conforming application is submitted.
I. Multiple Sign Applications. When an app lication proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director or their designee’s written notice of determination shall specify the grounds for such denial.
J. Revocation or Cancellation. The Director, or designee, shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days’ opportunity to cure.
Section 19.66.030 Applicability and scope of provisions.
Only those uses specified in the industrial zones as subject to performance standards, and uses accessory thereto, are subject to performance standards revie w procedures specified in this chapter in obtaining a zoning permit, unless either the Building Inspector , or, the Director of Development Services, or designee,Planning has reasonable grounds to believe that any other proposed use, regardless of zone, is likely to violate performance standards, in which event the applicant shall comply with the performance standards procedures.
Section 19.68.030 Exterior noise limits.
(A)3. Where doubt exists when making identification of receiving land use, the Director of Development Services, or designee,Planning and Building may make an interpretation.
Section 19.68.070 Exceptions.
B. Any person seeking exceptions pursuant to this section shall file an application with the Director of Development Services, or designeePlanning and Building. The application shall be submitted and processed in the same manner as conditional use permits. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance w ith this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons.
Section 19.68.078 Enforcement.
B. Environmental Noise.
1. Classification of Environmental Noise. The enforcement officer shall determ ine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental noise. The enforcement officer may use Appendix A in CVMC 19.68.090, as an aid in making such determinations. The Director of Development Services , or designee,Planning and Building may make determinations classifying noise sources not specifically mentioned in Appendix A.
2. Responsibility. The Planning and Building Director of Development Services, or designee, shall be responsible for investigation and enforcement of environment al noise disturbances.
3. Guidelines. The Planning and Building Director of Development Services , or designee, may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this chapter pertaining to noise violations.
C. Nuisance Noise.
1. Classification of Nuisance Noise. The Chief of Police shall determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police may use Appendix A as an aid in making such determinations. At the request of the Chief of Police, the Director of Development Services , or designee ,Planning and Building may ma ke determinations for classifying nuisance noise sources not specifically mentioned in Appendix A.
Section 19.69.090 Financial assurances for reclamation.
E. Revisions to financial assurances shall be submitted to the Director of Development Services, or designee,Planning and Building each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required.
Section 19.69.110 Modification to approved surface mining operation.
An approved conditional use permit, reclamation plan, or any conditions thereof, may be revised or modified in the same manner as provided for a new application, including the requirement for environmental impact review. Requests for minor modifications may be submitted to the Director of Development Services, or designeePlanning and Building. If in the Director’s sole determination the requested modification is in substantial conformance with approved plans, the Director may approve said modification.