Chula Vista City Zoning Code
19.83 Bayfront Specific Plan
Coastal Development Permit Procedures
19.83.001 Purposes.
This chapter establishes the permit procedures for developments located in the coastal zone as defined in Section 30150 of the Public Resources Code. This chapter is based on the LCP implementation regulations adopted by the California Coastal Commission pursuant to Public Resources Code Sections 30333 and 30501, and as such shall constitute the procedural requirements for review of developments in the coastal zone pursuant to Public Resources Code Section 30600(d). (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.002 Definitions.
“Aggrieved person” means any person who, in person or through a representative, appeared at a public hearing of the City in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informed the City of the nature of his concerns, or who for good cause was unable to do either.
“Allowable use” means any use allowed by right that does not require a public hearing or any discretionary or nondiscretionary permit of the approving authority.
“Appealable development” means, in accordance with Public Resources Code Section 30603(a), any of the following:
1. Developments approved by the local government between the sea and the first public road, or within 300 feet of the inland extent of any beach or of the mean high tide line of the sea where there is no beach, whichever is the greater distance.
2. Developments approved by the local government, not included within subsection (1) of this definition, located on tidelands, submerged lands, or public trust lands; within 100 feet of any wetland, estuary, or stream; or within 300 feet of the top of the seaward face of any coastal bluff.
3. Any development that constitutes a major energy facility. The phrase “major public works project or a major energy facility” is as used in Public Resources Code Section 30603(a)(5), or “energy facility,” as defined by Public Resources Code Section 30107, with a value exceeding $100,000, as adjusted from the 1982 base year per the Engineering News Record Construction Cost Index.
“Appellant” means any person who may file an appeal and includes an applicant, any aggrieved person, or any two members of the Coastal Commission.
“Applicant” means the person, partnership, corporation, or state or local government agency applying for a coastal development permit.
“Approving authority” means the City officer, Planning Commission, or Council approving a coastal development permit.
“Categorically excluded development” means a development (upon request of the City, public agency, or other person) that the Coastal Commission has determined, pursuant to Section 30610(e) of the Public Resources Code, to have no potential for significant adverse environmental effects and therefore has been issued an exclusion from the coastal development permit requirements in accordance with the applicable regulations.
“Coastal Commission” means the California Coastal Commission.
“Coastal development permit” means a letter or certificate issued by the City, in accordance with the provisions of this chapter, after the applicant has submitted all necessary supplementary documentation required to satisfy the conditions precedent in the notice to issue a coastal development permit.
“Conditional use” means any use that requires a public hearing.
“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code); and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, and kelp harvesting.
“Development permit procedures” are instructions regarding how to process plans, proposals and permits through the City’s entitlement process.
“Emergency” means a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property, or essential public services.
“Emergency development” means work undertaken to resolve problems resulting from a situation falling within the definition of “emergency.”
“Local coastal program” means the City’s Land Use Plan, zoning ordinances, zoning maps, and other implementing actions certified by the Coastal Commission as meeting the requirements of the California Coastal Act of 1976.
“Notice to issue coastal development permit” means a letter or certificate issued by the City, in accordance with the provisions of this chapter, approving a development, subject to fulfillment of conditions prior to issuance of a coastal development permit, but if such conditions are fulfilled, as being in conformance with and adequate to carry out the LCP.
“Other permits and approvals” means permits and approvals, other than a coastal development permit, required to be issued by the approving authority before a development may proceed.
“Permitted use” means any use allowed by right that does not require a public hearing, but does require a discretionary or nondiscretionary permit (e.g., building permit) to be issued by the approving authority.
“Sea level rise” means a change in the mean level of the ocean. Accepted sea level rise scenarios shall be based on best available science (such as the 2010 Sea Level Guidance from the California Ocean Protection Council) and are presently projected at a range of between 10 and 17 inches for 2050.
“Structure,” as used in this chapter, includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).
19.83.003 Development permit conditions.
Wherever reservation of an interest in land for public access, open space, or conservation is required by the LCP, it shall be a condition of the coastal development permit.
A. Legal Instruments Required. Prior to issuance of a coastal development permit, where a public access way or open space or conservation restriction on land is required by this LCP, each applicant shall record one of the following legal documents as specified in the conditions of approval:
1. Irrevocable Offer of Dedication. The applicant shall submit a preliminary title report and record an irrevocable offer to dedicate the access way, open space, or conservation easement or to convey such interest in property in fee as described in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21 years by a nonprofit organization or governmental agency subject to approval by the Executive Director of the Coastal Commission. Until this offer is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with established existing public use.
2. Outright Grant of Fee Interest or Easement. If the project is important in and of itself for public access, open space, or conservation needs, and the size and scope of the proposed development are such that an outright conveyance interest is appropriate, or there is an accepting agency approved by the Executive Director of the Coastal Commission available to accept the easement or fee interest, it can be required prior to issuance of the coastal development permit. Until such a grant is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with established existing public use.
3. Required Information. As a condition of the issuance of a coastal development permit, title information and all necessary subordination agreements shall be required. Title insurance may also be required when extensive interests inland are being granted. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).
19.83.004 Applicability.
Except as provided in CVMC 19.83.005 and 19.83.006, any person wishing to undertake a development in the coastal zone shall obtain a coastal development permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a coastal development permit shall conform to the plans, specifications, terms, and conditions approved in granting the permit. The procedures prescribed herein may be used in conjunction with other procedural requirements of the City; provided, that the minimum requirements as specified herein are met. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985).
19.83.005 De minimis development.
The Director of Development Services may issue a written waiver from the coastal development permit requirements of this chapter for any development that is de minimis. A proposed development is de minimis if the Director of Development Services determines, based on a review of an application for a coastal development permit, that the development involves no potential for any adverse effect, either individually or cumulatively, on coastal resources and that it will be consistent with all applicable objectives, policies, and standards of the certified LCP. The determination shall be made in writing and based upon factual evidence.
A. De minimis waivers shall be permitted only in the nonappealable area of the City’s coastal development permitting jurisdiction when no local public hearing is required.
B. The Director of Development Services may consider the following types of projects for possible permit waivers:
1. Projects that would have been placed on the consent calendar of the City Council agenda without special conditions;
2. Projects fully consistent with the certified LCP and for which all applicable policies of the LCP are objective in nature, such that staff does not have to exercise its judgment as to satisfaction of subjective criteria; and
3. Projects located in areas where similar projects have been approved as a routine matter without conditions or opposition.
C. The following projects will not be considered for possible waivers:
1. Projects that involve questions as to conformity with the certified LCP, or that may result in potential impacts on coastal resources and public access;
2. Projects with known opposition or probable public controversy; and
3. Projects that involve divisions of land including condominiums.
D. If, upon review of the coastal development permit application, the Director of Development Services determines that the development is de minimis, the applicant shall post public notice of the de minimis waiver on the property for at least seven calendar days prior to the final decision granting the waiver. Notice of intent to issue a de minimis waiver shall also be made to the Coastal Commission and to persons known to be interested in the proposed development in the following manner:
Within 10 calendar days of accepting an application for a de minimis waiver or at least seven calendar days prior to the decision on the application, the Director of Development Services shall provide notice, by first class mail, of pending waiver of permit requirements. This notice shall be provided to all persons who have requested to be on the mailing list for that development project or site or for coastal decisions within the local jurisdiction, to all property owners and residents within 300 feet of the perimeters of the parcel on which the development is proposed, and to the Coastal Commission.
E. The notice shall contain the following information:
1. A general description of the proposed project and location;
2. A statement that the development is within the coastal zone;
3. The date of filing of the application and the name of the applicant;
4. The number assigned to the application;
5. The date at which the waiver may become effective;
6. The general procedure concerning the submission of public comments either in writing or rally prior to the decision; and
7. A statement that a public comment period of sufficient time to allow for the submission of comments by mail will be held prior to the decision.
The Director of Development Services shall report to the City Council at its next available public meeting those projects for which waivers are proposed, with sufficient description to give notice of the proposed development to the City Council. A list of waivers issued by the Director of Development Services shall be available for public inspection at the public counter of the Development Services Department and at the City Council meeting during which any waivers are reported. A waiver shall not take effect until after the Director of Development Services makes his/her report to the City Council. If one-third of the City Council (two members) so request, such issuance shall not be effective and, instead, the application for a coastal development permit shall be processed in accordance with the provisions of this chapter. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2790, 1999; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985).
19.83.006 Exemptions.
A. The following shall be considered exemptions from a coastal development permit:
1. Repair and maintenance activities that do not result in an addition to or enlargement or expansion of the object of such activities, except as otherwise specified by the Coastal Commission in Title 14, Division 5.5 of the California Code of Regulations, and any amendments thereafter adopted.
2. Activities of public utilities as specified in the repair, maintenance, and utility hook-up exclusion adopted by the Coastal Commission on September 5, 1978, unless a proposed activity will have a risk of substantial adverse impact on public access, environmentally sensitive habitat area, wetland, or public views to the ocean.
3. Occupancy permits that do not constitute development, including but not limited to occupancy permits that do not involve a change in the density or intensity of use of land and/or the change in the intensity of access to the coast.
4. Improvements to single-family residences, except as otherwise specified by the Coastal Commission in Subchapter 6, Title 14, California Administrative Code, and any amendments thereafter adopted.
5. Improvements to any structure other than a single-family residence or a public works facility, except as otherwise specified by the Coastal Commission in Subchapter 7.5, Title 14, California Administrative Code, and any amendments thereafter adopted.
B. Notice of exempt development shall be as follows: a permit issued by the City for a development that is exempt from the coastal development permit requirements shall be exempt from the notice and hearing requirements of this chapter. The City shall maintain a record for all permits issued for exempt developments that shall be made available to the Coastal Commission or any interested person upon request. This record may be in the form of any record of permits issued currently maintained by the City; provided, that such record includes the applicant’s name, the location of the project, and a brief description of the project. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).
19.83.007 Emergency development permit.
Application for and issuance of an emergency development permit shall comply with requirements set forth in Article 2, Sections 13329, 13329.1, 13329.2, 13329.3, and 13329.4 of the California Administrative Code (California Code of Regulations Title 14). An application and permit form prepared in compliance with said article shall be adopted by the City. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).
19.83.008 Notice of appealable developments.
Within 10 calendar days of accepting an application for an appealable coastal development permit or at least 10 calendar days prior to the first public hearing on a development proposal, the City shall provide notice by first class mail of pending application for appealable development. This notice shall be provided to each applicant, to all persons who have requested to be on the mailing list for that development project or for coastal decisions within the City, to all property owners and residents within 300 feet of the perimeter of the parcel on which the development is proposed, and to the Coastal Commission. The notice shall contain the following information:
A. A statement that the development is within the coastal zone;
B. The date of filing of the application and the name of the applicant;
C. The number assigned to the application;
D. A general description of the development and its proposed location;
E. The date, time, and place at which the application will be heard by the local governing body or hearing officer;
F. A brief description of the general procedure of local government concerning the conduct of hearings and local actions;
G. The system for local and Coastal Commission appeals, including any local fees required; and
H. Costs of the notice that are not reimbursed to local governments through grants or SB90 reimbursement pursuant to Public Resources Code Section 30353. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.009 Public hearing on appealable developments.
At least one public hearing shall be held on application for an appealable development, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of his or her concerns regarding the project. Such hearing shall occur no earlier than 10 business days following the mailing of the notice required in CVMC 19.83.008 and shall normally be conducted by the Development Services Director or his/her designee. The public hearing may be conducted in accordance with existing local procedures or in any other manner reasonably calculated to give interested persons, including the applicant, an opportunity to appear and present their viewpoints, either orally or in writing.
The hearing officer’s decision may be appealed to the City Council within 10 business days following the hearing officer’s decision. Said appeal shall be processed by the City Council in the same manner as a public hearing on appealable development described in this section. (Ord. 3563 § 16, 2024; Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989; Res. 11903, 1985).
19.83.010 Notice of local government action where hearing continued.
If a decision on a coastal development permit is continued by the City to a time that is neither (A) previously stated in the notice provided pursuant to CVMC 19.83.008 nor (B) announced at the hearing as being continued to a time certain, the City shall provide notice of the further hearings (or action on the proposed development) in the same manner, and within the same time limits, as established in CVMC 19.83.009. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985).
19.83.011 Notice of nonappealable developments that require a public hearing – Conditional uses.
Notice of nonappealable developments that require a public hearing involving conditional uses shall be given at least 10 calendar days before a hearing in the following manner:
B. Notice as prescribed herein:
1. If the matter is heard by the Planning Commission, notice shall be published in a newspaper of general circulation or (if there is none) posted in at least three public places in the local jurisdiction;
2. Notice by first class mail to any person who has filed a written request;
3. Notice by first class mail to property owners within 300 feet of the proposed project;
4. Notice by first class mail to residents within 300 feet of the proposed project;
5. Notice by first class mail to the Coastal Commission; and
6. The notice shall contain a statement that the proposed development is within the coastal zone. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.012 Public hearing on nonappealable developments – Conditional uses.
At least one public hearing shall be held on each application for a nonappealable development involving a conditional use, thereby affording any persons the opportunity to appear at the hearing and inform the City of the nature of his or her concerns regarding the project. Such hearing shall occur no earlier than 10 calendar days following the mailing of the notice required in CVMC 19.83.008 and shall be conducted in accordance with local procedures or in any other manner reasonably calculated to give interested persons, including the applicant, an opportunity to appear and present their viewpoints, either orally or in writing. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 13957, 1989).
19.83.013 Notice of nonappealable developments that do not require a public hearing – Permitted uses.
Notice of nonappealable developments that do not require a public hearing involving permitted uses shall be provided in the manner prescribed in CVMC 19.83.005. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985).
19.83.014 Determination of applicable notice and hearing procedures.
The determination of whether a development is categorically excluded or appealable for purposes of notice, hearing, and appeals shall be made by the City at the time the application for development is submitted. This determination shall be made with reference to the certified LCP, including maps, categorical exclusions, land use designations, and zoning ordinances adopted as a part of the certified LCP. Where an applicant, interested person, or the City has a question as to the appropriate procedures, the following procedures shall be followed:
A. The City shall make its determination as to what type of development is being proposed (i.e., exempt, categorically excluded, appealable, or nonappealable) and shall inform the applicant of the notice and hearing requirements for that particular development. The local determination may be made by the designated approving authority.
B. If the determination of the City is challenged by the applicant or an interested person, or if the City wishes to have a Coastal Commission determination as to the appropriate designation, the City shall notify the Coastal Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.
C. The Executive Director shall, in writing, within two working days of the City’s request (or upon completion of a site inspection where such an inspection is warranted), transmit a determination as to whether the development is exempt, categorically excluded, nonappealable, or appealable.
D. Where, after the Executive Director’s investigation, the Executive Director’s determination is not in accordance with the City determination, the Coastal Commission shall hold a hearing for the purpose of determining the appropriate designation for the next Coastal Commission meeting in the appropriate geographic region following the City’s request. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.015 Finality of City action.
A. A local decision on an application for a development shall be deemed final when (1) the local decision on the application has been made and all required findings have been adopted, including specific factual findings supporting the legal conclusions that the proposed development is or is not in conformity with the certified LCP, and that the required conditions of approval adequate to carry out the certified LCP as required in the implementing ordinances have been imposed, and (2) all rights of appeal have been exhausted as defined in CVMC 19.83.019.
A decision to approve a coastal development permit must be based upon the following written findings:
1. The proposed project is consistent with the certified Local Coastal Program of the City of Chula Vista.
2. The proposed development conforms with Public Resources Code Section 21000 et seq. (CEQA) and that there are no feasible mitigation measures or feasible alternatives available which would substantially lessen any significant adverse impact that the activity may have on the environment.
3. For projects involving development between the sea or other body of water and the nearest public road, approval shall include a specific finding that such development is in conformity with the public access and public recreation policies of Section 30000 et seq. of the Coastal Act. (Ord. 3575 § 4, 2024; Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2613, 1994; Ord. 2532, 1992; Res. 11903, 1985).
19.83.016 Final City action – Notice.
Within seven calendar days of a final decision on an application for any development (except categorically excluded or exempt developments), the City shall provide notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the City (or, where required, who paid a reasonable fee to receive such notice). Such notice shall include the name and address of the applicant, conditions of approval, written findings, and the procedures for appeal to the Coastal Commission. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B, C), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.017 Failure to act – Notice.
A. Notification by Applicant. If the City has failed to act on an application within the time limits set forth in Government Code Sections 65950 through 65957.1, thereby approving the development by operation of law, the person claiming a right to proceed pursuant to Government Code Sections 65950 through 65957.1 shall notify, in writing, the City and the Coastal Commission of his or her claim that the development has been approved by operation of law. Such notice shall specify the application that is claimed to have been approved.
B. Notification by City. When the City determines that the time limits established pursuant to Government Code Sections 65950 through 65957.1 have expired, the City shall, within seven calendar days of such determination, notify any person entitled to receive notice pursuant to CVMC 19.83.016 that it has taken final action by operation of law pursuant to Government Code Sections 65950 through 65957.1.
The appeal period for projects approved by operation of law shall begin to run only upon the receipt of the City’s notice in the Coastal Commission office. (This section shall apply equally to a City determination that the project has been approved by operation of law and to a judicial determination that the project has been approved by operation of law.) (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.018 Local government action – Effective date.
A final decision of the City on an application for an appealable development shall become effective after the 10-working-day appeal period to the Coastal Commission has expired or after the twenty-first calendar day following the final local action unless any of the following occur:
A. An appeal is filed in accordance with the Coastal Commission’s regulations; or
B. The notice of final local government action does not meet the requirements of CVMC 19.83.016 and 19.83.017.
Where either of the circumstances above occurs, the Commission shall, within five calendar days of receiving notice of that circumstance, notify the City and the applicant that the effective date of the City action has been suspended. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.019 Exhaustion of local appeals.
A. An appellant shall be deemed to have exhausted local appeals for purposes of filing an appeal under the Coastal Commission’s regulations and be an aggrieved person where the appellant has pursued his appeal to the local appellate body as required by the City’s appeal procedures; except, that exhaustion of all local appeals shall not be required if any one of the following occurs:
1. The City requires an appellant to appeal to more local appellate bodies for permits in the coastal zone in the implementation section of the LCP;
2. An appellant is denied the right of the initial local appeal by a local ordinance that restricts the class of persons who may appeal a local decision;
3. An appellant is denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this chapter; or
4. The City charges an appeal fee for the filing or processing of appeals. Where the local government would ordinarily require a fee for the processing of appeals within the appealable areas of the coastal zone, the City may apply to the Coastal Commission for a reimbursement of that fee through an SB90 claim or similar reimbursement process.
B. Where a project is appealed by any two members of the Coastal Commission, there shall be no requirement of exhaustion of local appeals; provided, however, that notice of Coastal Commission appeals shall be transmitted to the local appellate body (which considers appeals from the local body that rendered the final decision), and the appeal to the Coastal Commission shall be suspended pending a decision on the merits by that local appellate body. If the decision of the local appellate body modifies or reverses the previous decision, the Commissioners shall be required to file a new appeal from that decision. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Res. 11903, 1985).
19.83.020 Appeal fee.
Repealed by Ord. 3238 § 2 (Exh. C), 2012. (Ord. 2532, 1992; Res. 11903, 1985).