A. In order to relieve the Planning Commission of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created.

B. Authority. The Director of Development Services or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at hearings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. (Ord. 3544 § 2, 2023; Ord. 3539 § 1(W), 2022; Ord. 3199 § 4, 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1212 § 1, 1969; prior code § 33.1302(A)).

A. Determination of Similar Uses. The Zoning Administrator may determine that a proposed use not listed in the zoning district as permitted or conditionally permitted is allowable, if all of the following findings are made:

When the Zoning Administrator determines that a proposed, but unlisted, use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where it is allowed, what permits are required, and what other standards and requirements of this title apply. The Zoning Administrator is granted wider authority to allow unlisted land uses in different zones subject to specific findings being made. (Ord. 3575 § 17, 2024; Ord. 3153 § 2 (Exh. A), 2010).

A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances:

B. Variances. The Zoning Administrator shall be authorized to grant variances for limited relief in the case of:

Modifications requested in said applications for relief described under subsection (B)(1), (B)(2) or (B)(3) of this section shall be limited to deviations not to exceed 20 percent of the requirements imposed by ordinances.

C. Site, Architectural, and Landscape Plan Approvals. The Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape plan approval as provided herein.

D. Large family day care homes in accordance with CVMC 19.58.147.

E. Minor alterations of certificates of appropriateness (COA) in accordance with CVMC 21.07.070.

F. Reasonable Accommodations. The Zoning Administrator shall be authorized to consider and act on requests for reasonable accommodation if no other discretionary application is sought other than the request for reasonable accommodation, as defined and regulated in Chapter 1.50 CVMC. The decision of the Zoning Administrator may be appealed pursuant to CVMC 19.14.100. A request for reasonable accommodation in the application of zoning regulations for persons with disabilities is not considered a variance and is covered by Chapter 1.50 CVMC. (Ord. 3442 § 2(C), 2018; Ord. 3233 § 1(B), 2012; Ord. 3199 § 4, 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2616 § 5, 1994; Ord. 2526 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2290 § 1, 1989; Ord. 2075 § 2, 1984; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1302(B)).

A. Applications for actions authorized by the Zoning Administrator without a public hearing shall be made to the Development Services Director in writing on a form prescribed by the Development Services Director and shall be accompanied by plans and data sufficient to show the detail of the proposed use, building, or alteration as defined in CVMC 21.03.002.

B. Fees. A fee, in the amount as presently designated or as may be in the future amended in the master fee schedule, shall accompany each application for a variance or conditional use permit or modifications thereto considered by the Zoning Administrator without a public hearing. The Development Services Director shall cause the matter to be set for consideration by the Zoning Administrator in the manner required for setting zoning matters for hearing, pursuant to CVMC 19.12.070(B), (C), and (D), as if the matter were to be a hearing.

In the event objections or protests are received, the Zoning Administrator shall set the matter for public hearing as provided herein. (Ord. 3199 § 4, 2011; Ord. 3153 § 2 (Exh. A), 2010).

A. The Zoning Administrator may, at her/his option, refer any of the matters on which she/he is authorized to rule and/or issue a permit to the Planning Commission for review. In addition, a project applicant may request that any such matter be referred directly to the Planning Commission for action. In such cases, a public hearing as provided herein shall be mandatory.

B. An interested party who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning Commission within 10 business days from the date on which the decision was made. Said appeal shall be in writing, accompanied by the required appeal fee(s), and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which the claim of error is based, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. If an appeal is filed within the time limit specified, it shall automatically stay the proceedings in the matter until a determination is made by the Planning Commission. Upon the filing of the appeal, the City Clerk’s Office shall notify the Director of Development Services who will set the matter for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The Zoning Administrator shall transmit to the Planning Commission a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers, and exhibits upon which the Zoning Administrator made its decision. The hearing on said appeal shall be processed by the City Clerk in the same manner as a permit within the original jurisdiction of the Zoning Administrator. In such cases, a public hearing as provided herein shall be mandatory. Once a valid, written application for appeal has been filed, the City Clerk’s Office shall take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The decision of the Planning Commission shall be final.

C. When an applicant applies for more than one permit or other approval for a single development, the applications shall be consolidated for processing and shall be reviewed by a single decision maker or decision-making body. The consolidated application shall be heard by the decision maker or decision-making body associated with the highest level action among the applications to be considered. The findings required for approval of each permit shall be considered individually, consistent with CVMC 19.14.080, 19.14.190, and/or 19.14.582 as applicable. For projects subject to design review and that are consolidated to a higher decision-making level, one member of the Planning Commission with design expertise may advise the staff on the design aspects of the project prior to the public hearing. The recommendations will be included in the staff report to the highest level decision-making body. (Ord. 3563 § 11, 2024; Ord. 3544 § 12, 2023; Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2575 § 1, 1993; Ord. 2365 § 1, 1990; Ord. 1212 § 1, 1969; prior code § 33.1302(D)).

A. Applications for conditional use permits or modifications thereto shall be made to the Development Services Director in writing on a form prescribed by the Development Services Director and shall be accompanied by plans and data sufficient to show the detail of the proposed use or building.

The application shall be accompanied by a fee as presently designated, or as may in the future be amended, in the master fee schedule. The Development Services Director shall cause the matter, except those subject to CVMC 19.14.030, to be set for hearing and notice such hearing in the same manner as required for setting zoning matters for hearing, pursuant to CVMC 19.12.070.

B. In the case of hazardous waste facilities as defined in CVMC 19.04.002, applications for conditional use permits or modifications thereto shall be made pursuant to CVMC 19.58.178, and shall be considered by the Planning Commission, with a recommendation to be forwarded to the City Council for final review and action. The requirements of CVMC 19.14.090 shall apply to the Planning Commission recommendation and the City Council resolution, with the following modifications:

A. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community;

B. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;

C. That the proposed use will comply with the regulations and conditions specified in this title for such use;

D. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency;

E. That the proposed conditional use, if located in the coastal zone, is consistent with the certified local coastal program and is consistent with the intent of the zoning district. (Ord. 3544 § 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Res. 11903, 1985; Ord. 1212 § 1, 1969; prior code § 33.1305(A)).

A. That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties; loss of prospective profits; and neighboring violations are not hardships justifying a variance. Further, a previous variance can never have set a precedent, for each case must be considered only on its individual merits;

B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors;

C. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest;

D. That the authorizing of such variance will not adversely affect the General Plan of the City or the adopted plan of any governmental agency;

E. That in the coastal zone, granting of variances is consistent with and implements the certified local coastal program, and that the granting of such variances does not reduce or in any way adversely affect the requirements to protect coastal resources as specified in the zones included in this title, and that the variance implements the purposes of the zones adopted in implementation of the local coastal program.

In the coastal zone, the Zoning Administrator may grant a variance to a regulation prescribed by this title only with respect to fences, walls, screening, or landscaping; site area, width, frontage or depth; front, rear, or side yards; basic floor area; height of structures; or distances between structures, courts or usable open space as the variance was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the Zoning Administrator makes the following findings of fact that establish that the circumstances prescribed in subsections (A) through (C) of this section apply:

A. A permit grants the applicant 36 months to initiate utilization of the permit. A variance or conditional use permit shall be deemed to be utilized if the property owner has substantially changed his position in reliance upon the grant thereof. Evidence of change of position would include completion of construction, substantial work has been performed in reliance of the permit granted, or the use of the property in the manner granted by the permit.

B. Expiration Date. A permit and the rights granted thereunder shall expire if the applicant has not utilized the permit prior to the expiration date of the permit, including any extensions granted pursuant to subsection (C) of this section.

C. Application for an Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator or the Planning Commission, whichever heard the original application, may grant an extension of time contained in a then-current and valid variance or conditional use permit without a public hearing upon written request of the property owner; provided, that:

D. Stay of Proceedings. If an application for extension of time is filed in a timely manner, the permit shall be automatically extended for a period of 60 calendar days from the expiration date or until a decision on the extension of time has been made, whichever occurs last.

E. Review of Application. An application for an extension of time of a permit shall be reviewed by the Development Services Director to determine whether the proposed development has significantly changed or is in substantial conformance with the approved permit. If the proposed development is in substantial conformance with the approved permit, an extension will be granted and an application for an amendment to the permit will not be required. The extension of time may be granted without notice or public hearing by the original permitting authority, upon making a determination that the findings and conditions of the original approval still apply and if the original permit account balance is in good standing. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.

F. Length of Extension. An extension shall not exceed 12 months from the original expiration date.

G. Fees. Fee(s) for an extension of time for a variance or conditional use permit shall be in the amount identified in the master fee schedule or any amendments thereto. (Ord. 3544 § 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2011 § 1, 1982; Ord. 1212 § 1, 1969; prior code § 33.1310).

A. The Director of Development Services shall investigate evidence presented to him or her to determine whether probable cause exists that any of the following has occurred or is substantially likely to occur regarding any variance or conditional use permit:

If the Director of Development Services has probable cause to believe that any of the foregoing has occurred or is substantially likely to occur, he/she shall issue a recommendation as to what action should be taken. The recommendation shall be submitted to the individual or body which issued the conditional use permit or variance (hereinafter referred to as “permitting authority”).

B. The permitting authority shall hold a public hearing to consider the Director of Development Services recommendation regarding the conditional use permit or variance.

C. Notice of any public hearing to consider violations of variances and conditional use permits shall be given consistent with the procedures set forth in CVMC 19.12.070. The notice shall contain the following information:

D. Procedures for Public Hearing. The following procedures shall be followed for public hearings provided for in this section:

E. The permitting authority, after public hearing, shall make a finding or findings whether any or all of the factors articulated in subsection (A) of this section apply to a conditional use permit or variance.

F. Based on its findings, the permitting authority may do any one or a combination of the following:

G. Written Decision. The permitting authority must issue a written decision explaining the factual basis for its decision. Notice of the permitting authority’s written decision and action shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the City Clerk.

H. Right of Appeal. Within 10 business days after the notice of the written decision is filed, unless the date is waived by the appellate body upon a showing of good cause, any interested party who participated in the public hearing or the Director of Development Services may appeal the written decision to the appropriate appellate body as follows:

I. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing.

J. After an appeal is filed and accepted, the appellate body shall hold a public hearing consistent with the provisions set forth in this section. The appellate body may, in its discretion, consider additional evidence not presented at the public hearing.

K. The appellate body may reverse, uphold, or modify in any manner a written decision or take any action consistent with this section, after public hearing, upon a written appellate decision. Notice of the written appellate decision shall be mailed to the affected party and any interested party requesting such notice consistent with CVMC 19.12.070. Said notice shall be filed with the City Clerk.

L. Any written decision regarding an appeal shall be final on the eleventh day after its filing, unless an appeal is timely filed, if such an appeal is available to an issuing body, or a waiver is obtained. All written decisions issued by the City Council shall become final when notice of such written decision is filed.

M. After the written decision becomes final, it shall be filed with the Director of Development Services and a copy may be filed with the county recorder of San Diego County. Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void.

N. After the written decision becomes final, it shall be filed with the Director of Development Services and a copy may be filed with the county recorder of San Diego County. Uses and structures must be brought into compliance with the final decision or otherwise brought into compliance with the underlying zone. Where a variance or conditional use permit is revoked, it shall become void. (Ord. 3563 § 11, 2024; Ord. 3544 §§ 1, 2, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2520 § 1, 1992).

A. Such hearing before the City Council shall be set for public hearing by the City Clerk within 30 calendar days. The meeting date shall also be no more than 60 calendar days after the Planning Commission’s action;

B. The secretary of the Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. (Ord. 3563 § 11, 2024; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2374 § 2, 1990; Ord. 1500 § 6, 1973; Ord. 1212 § 1, 1969; prior code § 33.1312(A)(4)).

A. It is not a purpose of this title that control of design character should be so rigidly enforced that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this title that any control exercised be the minimum necessary to achieve the overall objective of this title.

B. Good design character is based upon the suitability of building and site design for its purposes; upon the appropriate use of sound materials; and upon the principles of harmony and proportion in the overall design.

C. Good design character is not, in itself, more expensive than poor design, and is not dependent upon the particular style of design selected.

D. The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered.

E. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set by any ordinance of the City.

F. Landscaping in accordance with the landscaping manual of the City shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible.

G. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety.

H. All the factors specified in this section shall be related to the setting or established character of the neighborhood or surrounding area.

I. Undergrounding of overhead utilities may be required by the Zoning Administrator subject to approval of the Planning Commission. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1653 § 1, 1975; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(5)).

A. Following site plan and architectural approval by the Zoning Administrator as provided in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed with the Development Services Director and mailed to the applicant. Appeals from determinations by the Zoning Administrator shall be sent in writing by an interested party to the City Clerk’s Office for a hearing before the Planning Commission. In the absence of such request being filed within 10 business days after determination by the Zoning Administrator, the determination shall be final.

B. A written appeal shall be filed by the applicant or an interested party with the City Clerk’s Office on a form required by the Development Services Department, and to be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the specific reasons and evidence supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 30 days to set the matter for public hearing at a regularly scheduled Planning Commission meeting, and giving the same notice as required in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter.

C. Upon the hearing of an appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain findings of facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles in CVMC 19.14.470, the provisions of the design manual or any design standards required for the project, or other nonconformity with the requirements of this chapter. A copy of the decision resolution of the Planning Commission shall be filed with the Development Services Department and mailed to the applicant. The decision of the Planning Commission shall be final. (Ord. 3563 § 11, 2024; Ord. 3544 § 12, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 2587 § 1, 1994; Ord. 1212 § 1, 1969; prior code § 33.1313(A)(6)).

A. Applications for landscape plan approval shall be made to the Zoning Administrator and shall be accompanied by the drawings and information prescribed by the landscape manual, or other landscape regulations. Each application shall also be accompanied by the required filing fee(s).

B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape plans. An interested party may appeal a denial or conditions imposed upon approval by filing a written appeal to the City Clerk’s Office, 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 Development Services Department, accompanied by the required fee(s), and shall specify therein the action(s) of the Zoning Administrator is inconsistent with the landscape manual and/or other applicable ordinances, manuals or policies of the City, with supporting evidence. Failure to timely file an appeal with the City Clerk and/or to identify with specificity all facts and circumstances on which the appeal is based shall result in the appeal being rejected and not processed by the City. Once a valid application for appeal has been filed, the City Clerk’s Office shall notify the Director of Development Services who will take no longer than 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 60 calendar days from the application’s filing date. If, in the exercise of reasonable diligence, the City is not able under the circumstances to schedule the appeal hearing within 60 days after the date of the valid appeal application, then the appeal hearing shall be scheduled within a reasonable time thereafter. The Planning Commission may grant, conditionally grant, or deny the appeal. The decision of the Planning Commission shall be final, and shall be based upon the landscape manual, and/or other applicable ordinances, manuals, or policies of the City. (Ord. 3563 § 11, 2024; Ord. 3544 § 12, 2023; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2616 § 4, 1994; Ord. 2506 § 1, 1992; Ord. 2011 § 2, 1982).

A. No use shall create or cause noise, dust, vibration, smell, glare or electrical interference or other hazards or nuisances.

B. No employees other than residents of the dwelling shall be allowed in connection with a home occupation. (Babysitters or domestic servants are not considered employees of a home occupation.)

C. There shall be no clients or customers on the premises at any time, except where the Development Services Department determines that limited customer traffic may be warranted due to the nature of the business.

D. If a home occupation is to be conducted on rental property, the property owner’s authorization for the proposed use shall be obtained prior to the issuance of a home occupation permit.

E. Where the person conducting the home occupation serves as an agent or intermediary between outside suppliers and outside customers, all articles, except for samples, shall be received, stored and sold directly to customers at an off-premises location.

F. There shall be no use of material or mechanical equipment not recognized as being part of a normal household or hobby use.

G. No vehicle larger than a one-ton, four-wheel truck may be used in connection with a home occupation.

H. Activities conducted, and equipment or material used, shall not change the fire safety or occupancy classifications of the premises nor use utilities in amounts greater than normally provided for residential use.

I. There shall be no direct (in-person) sale of products or services on the premises.

J. The use shall not involve the special use of commercial vehicles for delivery to or from the premises.

K. There shall be no storage of material and/or supplies, indoor or outdoor, for purposes other than those permitted in the residential zone.

L. The home occupation shall not be identified by a sign.

M. A structure or space outside of the main building or an accessory structure, including the garage, may be used for home occupation purposes. Whenever a garage is used, the home occupation shall not reduce the required parking area as established in CVMC 19.62.050.

N. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which causes the premises to differ from its residential character either by use of colors, materials or construction, lighting, signs, sounds or noises, vibrations, or similar distinctive workings.

O. The Development Services Department may impose such conditions on the issuance of the permit as are necessary to ensure that the use will have no adverse effect on the neighborhood, and it shall be unlawful for a home occupation to be carried on in violation of such conditions or so as not to conform with the requirements of this section.

A. The name and address of the applicant and of all persons owning any or all of the property proposed to be used. The application must be signed by the owner/option holder, or written permission must be given authorizing an agent to sign the application;

B. All data and maps as specified in CVMC 19.56.042. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1632 § 2, 1975).

A. The hearing before the City Council shall be set by the City Clerk within 30 days after Planning Commission action.

B. The secretary of the Planning Commission and City Clerk shall publish notice of hearings in a newspaper of general circulation in the City not less than 10 business days prior to the date of said hearings. Failure of owners to receive notice of hearings shall in no way affect the validity of action taken. Any requested exceptions to the requirements of the underlying zone shall be specified in the public hearing notice. (Ord. 3563 § 11, 2024; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2374 § 2, 1990; Ord. 1632 § 2, 1975).

A. That such plan will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity;

B. That such plan satisfies the principle for the application of the P modifying district as set forth in CVMC 19.56.041;

C. That any exceptions granted which deviate from the underlying zoning requirements shall be warranted only when necessary to meet the purpose and application of the P precise plan modifying district;

D. That approval of this plan will conform to the General Plan and the adopted policies of the City. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 1632 § 2, 1975).

A. Plans for the establishment or expansion of (1) multifamily buildings in all multifamily residential zones, and (2) nonresidential buildings in all commercial and industrial zones shall require design review. Patio covers, shade structures, awnings, and other similar architectural features within these same zones shall not require design review.

B. The Zoning Administrator has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission in the case of minor projects, including new construction or building additions to commercial, industrial, or institutional projects with a total floor area of 100,000 square feet or less, and residential projects of 200 units or less. Generally, the Zoning Administrator and/or Planning Commission shall base its findings and actions upon the provisions within this section and the affected design manuals of the City. (Ord. 3575 § 8, 2024; Ord. 3544 § 8, 2023; Ord. 3268 § 3, 2013; Ord. 3212 § 4, 2011).

A. Applications for design review and modifications thereto shall be made to the Development Services Director in writing on a form prescribed by the Development Services Director and shall be accompanied by plans and data sufficient to show the detail of the proposed building(s) and site layout.

B. The fee for a hearing before the Planning Commission is the required fee(s). The fee for Zoning Administrator design review shall be the required fee(s). (Ord. 3268 § 3, 2013; Ord. 3212 § 4, 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2822 § 1, 2000; Ord. 2603 § 2, 1994; Ord. 2506 § 1, 1992; Ord. 2365 § 2, 1990; Ord. 2350 § 1, 1990; Ord. 2309-A § 4, 1989; Ord. 2142 § 1, 1986; Ord. 2036 § 1, 1983; Ord. 1961 § 1, 1982; Ord. 1893 § 1, 1979; Ord. 1771 § 3, 1977).

A. An interested party may file an appeal from the decision of the Zoning Administrator to the Planning Commission within 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 30 calendar days to set the matter for public hearing at a scheduled Planning Commission meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date.

Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final.

B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within 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 30 calendar days to set the matter for public hearing at a scheduled City Council meeting. The meeting date shall also be no more than 60 calendar days from the application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual.

Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. (Ord. 3575 § 2, 2024; Ord. 3563 § 11, 2024; Ord. 3544 § 12, 2023; Ord. 3268 § 3, 2013; Ord. 3212 § 6, 2011; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2822 § 1, 2000; Ord. 2036 § 1, 1983; Ord. 1994 § 1, 1982; Ord. 1771 § 3, 1977).

A. The proposed project is consistent with the City of Chula Vista’s General Plan, CVMC Title 19, Sectional Planning Area, Specific Plan, etc.

B. The proposed project is consistent with the design requirements and recommendations contained in the City of Chula Vista’s Design Manual.

C. The project would not adversely affect the health, safety, or general welfare of the community. (Ord. 3575 § 7, 2024).

A. A design review approval (permit) grants the applicant 36 months to initiate utilization of the permit. A permit shall be deemed to be utilized if the property owner has substantially changed his position in reliance upon the grant thereof. Evidence of change of position would include completion of construction, substantial work has been performed in reliance on the permit granted, or the use of the property in the manner granted by the permit.

B. Expiration Date. A permit and the rights granted thereunder shall expire if the applicant has not utilized the permit prior to the expiration date of the permit, including any extensions granted pursuant to subsection (C) of this section.

C. Request for Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator or the Planning Commission, may grant an extension of time contained in a currently valid permit without a public hearing upon request of the property owner; provided, that:

D. Stay of Proceedings. If an application for extension of time is filed in a timely manner, the permit shall be automatically extended for a period of 60 calendar days from the expiration date or until a decision on the extension of time has been made, whichever occurs last.

E. Review of Application. An application for an extension of time of a permit shall be reviewed by the Development Services Director to determine whether the proposed development has significantly changed or is in substantial conformance with the approved permit. If the proposed development is in substantial conformance with the approved permit, an extension will be granted and an application for an amendment to the permit will not be required. The extension of time may be granted without notice or public hearing by the original permitting authority, upon making a determination that the findings and conditions of the original approval still apply and if the original permit account balance is in good standing. The burden of proof is on the permittee to establish with substantial evidence that the permit should not expire.

F. Length of Extension. An extension shall not be in excess of 12 months from the original expiration date of the permit.

G. Fees. The fee(s) for an extension of time for a variance or conditional use permit shall be in the amount(s) identified in the master fee schedule or any amendments thereto. (Ord. 3268 § 3, 2013; Ord. 3153 § 2 (Exh. A), 2010; Ord. 2506 § 1, 1992; Ord. 2309-A § 1, 1989).

A. The Zoning Administrator may approve minor changes to a previously approved discretionary permit at the administrative level (and without a public hearing) if the proposed changes are in substantial conformance with the existing permit and would not require any additional environmental analysis. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect, alter any public improvement or facility or conditions for which other properties or developments may rely, nor have an adverse effect upon public health, safety, or welfare.

B. Application Submittal. Applications for substantial conformance review shall be filed with the Development Services Department on a form prescribed by the Director of Development Services, and accompanied by fees as set forth within the City’s Master Fee Schedule.

C. A substantial conformance determination may include:

D. Approval. No official notice of decision is required for determinations of substantial conformance. The approval period shall be valid until the expiration of the original permit, unless an extension of time has been granted. (Ord. 3575 § 14, 2024).