Attachment #13 - Appeal Process Revisions
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
19.62.110. Any interested party The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission. The appeal shall be filed in writing with the Development Services DepartmentPlanning Department within 10 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. Appeals to the City Council from the actions of the Planning Commission shall follow the same procedure.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.
In the event thatIf the Director of Development Services denies the request for a waiver of obligation to install improvements, a written the property owner or his agent may file an application shall be filed with the Development Services DepartmentCity Clerk to appeal such denial;, the which appeal shall be heard by the Planning CommissionCity Council.
Said application must be filed within 10 days of the date on which the Director of Development Services made theirhis 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 CommissionCity Council shall be set for the next at a regularly- scheduled meeting, or at such time thereafter as may be designated, to consider the appeal. 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 12.40.060 Appeal – Decision authority.
Upon receipt of such appeal, by the City Clerk shall take no longer than thirty (30) calendar days to, the matter shall be placed the matter upon the agenda of a regularly scheduledthe next meeting of the City Council . The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date., which shall, by formal resolution, render its decision thereon within 40 days from the date of receipt by the City Clerk . The failure of the City Council to act upon such appeal within the 40 -day period shall be deemed a denial of such appeal. The decision of the City Council shall be final and conclusive.
Section 15.04.260 Appeals – Time limit for filing – Form.
The applicant for a permit issued pursuant to this chapter, or the permittee, An interested party may appeal to the Planning CommissionCity Council from any decision of the City Engineer within ten (10) businessworking 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 DepartmentCity Clerk. 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.Planning Commission
Section 17.28.040 Lighting plans – Approval required when.
All lighting plans in multiple -family, commercial and industrial zones shall be submitted to the Director of PlanningZoning 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 may be taken to 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 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 The determination of the Commission shall be final.
Section 17.35.070 Permit process.
B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Planning and Building Zoning Administrator, or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances:
1. Any planned facility project listed in Table 6-1 of the Chula Vista MSCP subarea plan that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species, or wetlands.
2. Any future facility project listed in Table 6 -2 of the Chula Vista MSCP subarea plan associated with a covered project that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species or wetlands.
C. For all other HLIT permit applications, the Zoning AdministratorDirector of Planning and Building, and or his/her designee, may approve, conditionally approve, or deny such permit at a public hearing noticed in accordance with CVMC 19.14.180. The Zoning AdministratorDirector of Planning and Building decision may be appealed to the Planning CommissionCity Council in accordance with CVMC 19.14.110 and 19.14.130. The decision of the Planning Commission shall be final.
Section 18.12.125 Appeals from determinations – Procedure.
In the event that an interested party the applicant or any interested party adversely affected by a determination is dissatisfied with any determination of the Planning Commission, they applicant or interested party may appeal to the City Council by filing a written statement in writing with the City ClerkDirector of Development Services stating the reasons for appeal within ten ( 10) business 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 f inalThe matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application of appeal.
Section 18.16.220 Approval – Appeal.
The decision of the Director of Development Services and the City Engineer ’s decision may be appealed by an interested party to the Planning Commission Council. A written notice of appeal must be filed with the Development Services Department within ten (10) business days of the date the Planning 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. within 10 business days of the date Council was noticed that the final map was under review for final approval. Within 30 days of the filing of a valid application for appeal the Council shall hear the matter at a regularly scheduled meeting. The decision of the Planning Commission shall be final.
Section 18.18.090 Appeals from determinations – Procedure.
In the event that the applicant or any interested party 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 the applicant may appeal the determination within ten (10) business days to the Planning Commission Council by filing a written statement in writing with the Development Services Department Director of Development Services stating the reasons for appeal within 10 business days following the determination . 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. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal.
Section 18.18.120 Tentative parcel map – Waiver – Appeal.
All interested parties are An interested party is provided the opportunity to appeal the decision in writing to the Development Services Department within ten (10) business days of decision of the City Engineer. Once a valid application for appeal has been filed, t he Development Services Department shall take no longer than thirty (30) calendar d ays 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 appeal shall be heard within 30 days of filing a valid application for appeal by the Council. 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.
In the event that the applicant or any interested party 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 the applicant or interested party may appeal the determination within ten (10) business days to the Planning Commission Council by filing a written statement in writing with the Development Services DepartmentCity Engineer stating thehis reasons for appeal within 10 business days following the determination. 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. The matter shall be placed on the Council agenda and heard by the Council within 30 days of the appeal.
Section 19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications.
B. An interested party The applicant or other interested person who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning CommissionCity Council . 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.
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) 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. Upon the filing of the appeal, the City Clerk shall set the matter for public hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. 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 19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing.
An interested party The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning CommissionCity Council, within ten (10) business days from the date on which said decision was made. Said appeal shall be in writtening 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 Commis sion meetingIf an appeal is filed within the time limit specified, it stays proceedings in the matter until a determination is made by the City Council. The City Council shall set the matter for hearing, and, in compliance with noticing requirements as set forth herein 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. The decision of the Planning CommissionCity Council shall beis final.
Where an application for a variance is included in a consolidated hearing and is neither approved nor denied by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area , due to failure to achieve a majority vote, the applicant shall have the right to either a rehearing at the next Planning Commission or Chula Vista Redevelopment Corporation meeting, whichever is applicable to the project , or an appeal to the City Council without payment of additional fees. The choice of alternatives shall be at the discretion of the applicant . All other proceedings pertaining to appeals shall continue to apply.
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. Appeal s from determinations by the Zoning Administrator shall be sent in writing by an interested party to the Development Services DepartmentCity Council upon written request for a hearing before the Planning CommissionCity Council. In the absence of such request being filed within ten (10) business days after determination by the Zoning Administrator, the determination shall be final.
B. A writtenThe appeal shall be filed by the applicant or an interested party with the Development Services Department Development Services Director on athe 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) days to set the matter for public hearing at a regularly -scheduled Planning Commiss ion 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. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal.
C. Upon the hearing of an appeal, the Planning Commission City Council 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
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 City Council Planning Commission shall be filed with the Development Services Director, and mailed to the applicant. The decision of the Planning CommissionCity Council shall be final.
Section 19.14.486 Landscape plan approval – Application – Accompanying documents – Fee.
B. Appeal. The Zoning Administrator shall appr ove, conditionally approve or deny landscape plans. An interested party The applicant may appeal a denial or conditions imposed upon approval by filing a written appeal to the Development Services DepartmentCity Council, in accordance with CVMC 19.14.050, within 10 business 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 Servicesaffected director, accompanied by the required fee, and shall specify w herein 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 Pla nning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The Planning Commission City Council may grant, conditionally grant, or deny the appeal. The decision of the Planning Commission City Council is 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.
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 Director upon violation of any requirement of this chapter, or of any cond itions or limitation of any permit issued, unless such violation is corrected within 15 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, appeal may be made in writing to the Planning Commission, 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 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 th e 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 P lanning Commission shall be final. whose decision shall be final.
Section 19.14.588 Design review – Appeal procedure.
A. An interested party The applicant or other interested person may file an appeal from the decision of the Planning Commission or Zoning Administrator for minor projects to the Planning CommissionCity Council within ten (10) business 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. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council.
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 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 si xty (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 resolutio n, 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.
B. 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.
C. The decision of the City Council is 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 o r 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 forwa rded 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. An appeal from the action of the Planning Commission may be filed in accordance with CVMC 19.12.110.
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 19.14.060 through
19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080.
A conditional use permit shall not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on su bstantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that approval of the permit will not result in an overconcentration of such facil ities.
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 reaso nable conditions including, but not limited to, limitations on hours of operation. The City Council shall be informed of the decision on each such permit by the City Clerk when the decision is filed in accordance with CVMC 19.14.090. The decision of the Zoning Administrator may be appealed.
Such appeal shall be directed to the Planning CommissionCity Council and must be filed in writing with the Development Services Department within ten (10) business days after the decision is made, as provided in CVMC 19.14.100. If a valid appeal applicationed 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. said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must make the same written findings required of the Zoning Administrator herein in order to grant the permit.
Section 19.60.810 Processing of applications.
G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator. An interested party The applicant or any concerned person may appeal any sign related decision to the in this order: Design Review Committee, Planning Commission, and City Council. AIn each case, written notice of appeal must be filed with the Development Services Department City Clerk within ten (10) business 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, t he 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. In each case, t The appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, t 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 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 acti on with respect to the performance standards procedures may be appealed to the Planning Commission within ten (10) business 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 business days after the m ailing 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 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. After receiving the appeal, City staff shall schedule a hearin g on the matter to be conducted before the Planning Commission at which time tThe 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 d etermination 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 Theapplicant or any other interested party may appeal in writing the decision of the Zoning Administrator or HPC to the Development Services Department within ten (10) business days after the date of the decision. Once a valid application has been received, Tthe Development Services Department shall take no longer than thirty (30) calendar days to set the matter shall be set for public hearing and placed on an agenda for a regularly scheduled HPC meeting upon receipt of appeal application., The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The appeal which 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 CommissionHPCCouncil, and the decision shall be final.