Coronado Municipal Code Ch. 86.54 Administration and Enforcement

ADMINISTRATION AND ENFORCEMENT

Sections:

• 86.54.010 Purpose and intent.

• 86.54.020 Zone boundary amendments authorized. 86.54.030 Initiation of amendments.

• 86.54.040 Application for zone boundary change or reclassiPcation by property owner. 86.54.050 Procedure – Hearing, notice. 86.54.060 Limitation on Pling subsequent identical application. 86.54.070 Creation of Zoning Administrator – Purpose. 86.54.080 Authority and duties of Zoning Administrator.

• 86.54.090 Variances. 86.54.100 Application for variance. 86.54.110 Notice of variance application. 86.54.120 Findings and decisions by Zoning Administrator. 86.54.130 Variance – Appeal procedure. 86.54.140 Appeals to Planning Commission – Hearing.

• 86.54.150 Site plan approval. 86.54.160 Repealed.

• 86.54.170 Temporary structures.

• 86.54.180 Fences, hedges, walls. 86.54.190 Referral to Planning Commission. 86.54.200 Limitation on Pling subsequent, identical application. 86.54.210 Ð 86.54.309 Reserved. 86.54.310 Enforcement. 86.54.320 Violations declared public nuisances. 86.54.330 Penalty for violation.

The purpose and intent of this chapter is to refer to regulations that apply in addition to the regulations of this title. These regulations are contained in Chapter 70.08 CMC and are incorporated hereby by reference.

Boundaries of any of the several zones established by this title or the classiWcation or reclassiWcation of property therein may be amended whenever public necessity, convenience and general welfare require.

• A. Such zone boundary or reclassiWcation amendments may be initiated by:

  1. A veriWed application of one or more owners of property proposed to be so changed or reclassiWed;

  2. Resolution of intention of the City Council;

  3. Resolution of intention of the Planning Commission.

• B. Such other amendments to this title may be initiated by:

  1. Resolution of intention of the City Council;

  2. Resolution of intention of the Planning Commission.

Whenever the owner of any land desires a zone boundary change or reclassiWcation of his property, he shall Wle with the Community Development Department an application on forms provided for by the Department and duly veriWed by him requesting such change or reclassiWcation. Such application shall be accompanied by a fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

Upon the Wling of such veriWed application, or passage of such resolution of intention, the Commission shall hold such public hearings, duly noticed, as required by applicable provisions of the “Planning and Zoning Law” of the State of California for such zone boundary changes or reclassiWcation. The Planning Commission and City Council shall take such action hereon as may be requested by the “Planning and Zoning Law” of the State of California and this title.

Upon Wnal denial of any zone boundary amendment applied for pursuant to CMC 86.54.030(A), no identical, subsequent application shall be accepted for Wling for a period of six months commencing on the eZective date of the Wnal denial.

A Zoning Administrator is hereby created under Article 3, Section 65900 of the California Government Code so as to relieve the Planning Commission of certain routine functions and to properly administer the City zoning ordinances with such authority as granted to him by this chapter.

The functions set forth in CMC 86.54.090 through 86.54.200 are considered either minor in nature or proper zoning enforcement duties and the Zoning Administrator is authorized to approve, deny, or conditionally approve such applications as may be required.

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

• A. ModiWcation of distance regulations not to exceed 10 percent of the requirements applicable in the appropriate zone;

B. ModiWcation of area regulations not to exceed Wve percent of the requirements applicable in the appropriate zone;

C. Walls or fences to exceed permitted heights due to special site conditions not to exceed 10 percent of the requirements set forth in the ordinance;

D. Any structure that is nonconforming due to setback or height requirements may be altered and/or enlarged by approval of the Zoning Administrator, pursuant to Chapter 86.50 CMC, and subject to the percentage limitations herein; provided, that such alteration or enlargement shall not exceed the maximum height limit of the zone in which the property is located.

Applications for a variance shall be submitted on forms provided for that purpose to the Community Development Department, and shall be accompanied by plot plans, elevations, or other data as may reasonably be required by the director of the Community Development Department to show the detail of the proposed use or structure. The application shall be accompanied with a Wling fee as established by City Council resolution. (Ord. 1586; Ord. 1408)

Upon the Wling of a veriWed application, the Zoning Administrator shall notify, by mail, all property owners within 300 feet of the property that is the subject of the variance. The notice shall describe the nature of the variance requested and the period of time the variance will be under consideration and appeal procedures available to the public concerning such variance.

Not later than 10 calendar days following the mailing of the notices, any interested party may notify the Community Development Department, in writing, articulating any substantial objections to the variance requested. The Zoning Administrator shall, at the end of the 10-calendar-day period, render a decision by written statement explaining the reasons for and facts substantiating the decision. The Zoning Administrator shall mail a copy of the statement to the applicant, members of the Planning Commission, and any other interested party requesting a copy of the decision. The statement shall be Wled with the Community Development Department and will become eZective 10 calendar days after the decision by the Zoning Administrator. (Ord. 2025 § 37, 2011)

The applicant or other interested parties may appeal the decision of the Zoning Administrator to the Planning Commission within 10 calendar days after the decision is Wled with the Community Development Department. The appeal shall be in writing and Wled with the Community Development Department and shall specify the reason(s) for appealing the decision of the Zoning Administrator. The appeal fee shall be as set forth by resolution by the City Council. (Ord. 2025 § 38, 2011)

The Zoning Administrator shall provide public notice of the appeal hearing to consider the variance request as outlined in Government Code Section 65091. The Planning Commission will consider the variance application, Zoning Administrator determination, appeal letter, along with written or oral testimony provided at the hearing, and adopt a resolution to aYrm, modify or overturn the Zoning Administrator. The decision of the Commission shall become Wnal 10 calendar days after the adoption of a resolution unless a notice of appeal to the City Council is Wled with the City Clerk in accordance with Chapter 1.12 CMC. (Ord. 2025 § 39, 2011)

The Zoning Administrator shall be authorized to grant site plan approval as provided herein.

Repealed by Ord. 2022.

The Zoning Administrator shall be authorized to permit temporary structures for the housing of tools, equipment, building assembly operations and supervisory or engineering oYces in connection with major construction projects; provided, however, that such temporary structures are located within or adjacent to the development or construction site to which they are incidental.

In any Commercial or Industrial Zone, fences, walls, or hedges may be allowed or required to a maximum of eight feet if it is determined by the Zoning Administrator that the increase in height is necessary to protect public health, safety or welfare and would have no detrimental eZect upon the surrounding neighborhood.

The Zoning Administrator may, at his discretion, refer any of the matters on which he is authorized to rule to the Planning Commission for review and disposition pursuant to the procedures set forth in Chapter 86.52 CMC.

Upon Wnal denial of any variance applied for pursuant to this chapter, no identical, subsequent application shall be accepted for Wling for a period of six months commencing on the eZective date of the Wnal denial.

All department directors, oYcials or other employees of the City vested with the duty or authority to issue any permit, license or certiWcate shall conform to the provisions of this title and shall issue no permit, license or certiWcate for uses, buildings, structures or purposes in conXict with the provisions contained in this title, and any such permit, license or certiWcate so issued, intentionally or otherwise, shall be null and void. It shall be the duty of the director of the Community Development Department to enforce the provisions of this title.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building, or premises established, conducted, operated or maintained contrary to the provisions of this title shall be and the same are hereby declared to be unlawful and a public nuisance, and the City Attorney shall immediately take actions or proceedings for the abatement and removal and enjoinment therein in the manner provided by law, and shall take such steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building, structure or use, and restrain and enjoin any person, Wrm or corporation from setting up, erecting, constructing, altering, enlarging, converting, moving, maintaining or using such building, structure or property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.

Any person, Wrm or corporation, whether as principal, agent, employee, employer or otherwise, who violates or causes the violation of any provision of this title shall be guilty of an infraction. Each separate day or any portion thereof during which the above-referenced violation occurs shall constitute a separate oZense. (Ord. 1400)