Chula Vista Municipal Code Ch. 14.10 Appeal

APPEAL

Sections:

• 14.10.010 Procedure for filing.

• 14.10.020 Findings necessary for granting appeal.

Any person aggrieved by the refusal of the Director to grant a watercourse permit pursuant to Chapter 14.08 CVMC or by the imposition of a condition on such permit may appeal to the City Council. The appeal shall be filed in duplicate, one copy with the Director and one copy with the City Clerk. The City Clerk shall then set the appeal for public hearing in the manner provided in this code relating to appeals on zoning matters as contained in CVMC Title 19. (Ord. 2597 § 8, 1994; Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.114).

The City Council shall grant the permit or modify or delete the condition, as sought for by said appeal, only if it finds all of the following to be true:

A. That the applicant would suffer substantial injury or detriment by the refusal to grant the permit or modify or delete the conditions;

B. That no other method of obtaining the desired results is more reasonable or less likely to be dangerous than that proposed by the applicant; and

C. That the granting of the permit or the modifying or deleting of conditions would not be materially detrimental to the public interest, safety, health and welfare; would not significantly restrict the carrying capacity of a watercourse; and would not create an unreasonable hazard of flood or inundation to persons or property.

The permit shall also be granted, or the condition complained of deleted or modified, if the requirements of subsections (A), (B) and (C) of this section can be satisfied by the imposition of reasonable conditions. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.115).