Chula Vista City Zoning Code
19.52 T
Tidelands Zone
19.52.010 Designated – Submerged land defined.
All tidelands and submerged lands within the boundaries of the City shall be designated as “tidelands” or T zone. “Tidelands” shall be deemed to be all the land between the ordinary high water mark and the pierhead line, per miscellaneous Map 399, recorded September 12, 1960. Submerged land shall be that land which is always covered by water. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.530).
19.52.020 Permitted uses – Approval required – Application – Planning Commission and City Council action.
A. The following uses, after review and approval by the Planning Commission and the City Council, may be permitted in the T zone:
1. All uses permitted in the commercial zone consistent with the tidelands trust concerning commerce, fisheries and navigation;
2. Recreational uses such as marinas, parks, golf courses, small boat harbors, aquatic playground equipment and similar recreational facilities;
3. All industrial uses consistent with the tidelands trust concerning commerce, fisheries and navigation.
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 assure a full presentation of the proposed use and the type of improvements and structures to be constructed. The Director of Development Services, or designee, 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 approval 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. (Ord. 3544 § 1, 2023; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.530(A)).
19.52.030 Accessory uses and buildings – Approval required – Standards required to be met – Notice of decision.
Any use other than those set forth in CVMC 19.52.020 shall be permitted in a T zone only after the Commission and Council find that:
A. Such use will be consistent with the character and development of the City in this area;
B. Such use will not violate the trust purposes for which Chula Vista held the tidelands grant from the state of California;
C. Such use will not result in an unreasonable deprivation of the public’s right to the enjoyment of small boat harbors, marinas, aquatic playgrounds, and similar recreational facilities upon or about said tidelands or submerged lands;
D. Such use will not constitute a nuisance.
After decision by the Planning Commission and the Council, written notice shall be made to the applicant of such decision. (Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.530(B)).
19.52.040 Procedures following Planning Commission decision – Appeals.
A. After decision by the Planning Commission, copies thereof shall be mailed to the applicant and to any party filing a written notice therefor with the secretary of the Commission or the Director of Planning and Building, and the application and any supporting documents, together with the written decision of the Planning Commission, shall be forwarded to the City Clerk, who shall cause same to be placed upon the agenda of a meeting of the City Council within 15 days after receipt thereof.
B. If the applicant or any other interested party is dissatisfied with the decision of the Planning Commission, such person may file a notice of appeal within 10 days from the date such notification of the Planning Commission’s decision was mailed to the applicant. Such notice of appeal shall be filed with the City Clerk. Such appeal shall be in writing and shall state wherein the appellant feels the Planning Commission’s decision was in error, and his reasons therefor. (Ord. 3575 § 2, 2024; Ord. 3563 § 12, 2024; Ord. 2790, 1999; Ord. 1281 § 2, 1970; Ord. 1212 § 1, 1969; prior code § 33.530(C)).