HomeMy WebLinkAboutOrd 2011-3199ORDINANCE NO. 3199
ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING
THE ZONING ADMINISTRATOR FUNCTIONS BY
AMENDING MUNICIPAL CODE SECTION 19.14.020
ENTITLED ZONING ADMINISTRATOR -CREATION OF
POSITION, AND SECTION 19.]4.030 ENTITLED ZONING
ADMINISTRATOR -ACTIONS AUTHORIZED WITHOUT
PUBLIC HEARING, TO INCLUDE HISTORIC
PRESERVATION AUTHORITY
WHEREAS, in 2007, City Council directed staff to develop a Historic Preservation
Program that would qualify the City of Chula Vista for Certified Local Government Status; and
WHEREAS, to qualify as a Certified Local Government the City is required to have a
qualified Historic Preservation Commission; and
WHEREAS, Chula Vista Municipal Code section 21.02.030 requires the creation of a
Historic Preservation Commission; and
WHEREAS, the Historic Preservation Commission shall serve as the authority on historic
preservation matters and will advise the City Council and other City Boards and Commissions,
as needed, on historic preservation matters as is mandated by the Historic Preservation Program;
and
WHEREAS, to relieve the Historic Preservation Commission of certain routine functions,
the Zoning Administrator shall have authority as is granted herein; and
WHEREAS, the Zoning Administrator is authorized to act in the place of the Historic
Preservation Commission in the case of Minor Alteration Certificates of Appropriateness (COA),
pursuant to Chula Vista Municipal Code section 21.07.070; and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331
and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency
for Protection of the Environment) of the State CEQA Guidelines because it is amending the
duties of the City's Zoning Administrator that will assure the protection of historical resources in
the City of Chula Vista. Thus, no further environmental review is required.
NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Ordinance No. 3199
Page 2
Section L Environmental Determination
That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to
Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by
Regulatory Agency for Protection of the Environment) of the California Environmental Quality
Act (CEQA) Guidelines (Cal. Code of Regulations, Title 14, Division 6, Article 3, Chapter 3)
because it is amending the duties of the City's Zoning Administrator that will assure the
protection of historical resources in the City of Chula Vista. The City Council further finds that
no further environmental review is required.
Section II. Consistency with General Plan
The City Council finds that the proposed amendments of Municipal Code Sections
19.14.020 and 19.14.030 aze consistent with the City of Chula Vista General Plan. The proposed
code amendments aze based on sound planning principles and practices that will provide for the
protection and conservation of historic resources.
Section III. Consistency with Zoning Administrator Functions
The amendments to these code sections allows for the Zoning Administrator to relieve
the Historic Preservation Commission of certain functions.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does
hereby amend Municipal Code sections 19.14.020 and 19.14.030 of the City of Chula Vista, as
follows:
Section IV.
19.14.020 Zoning administrator -Creation of position.
A. In order to relieve the Planning Commission, the Historic Preservation Commission or Chula
Vista Redevelopment Corporation, within designated redevelopment project azeas, of certain
routine functions necessary to the proper administration of this chapter, a Zoning Administrator
is created.
B. Authority. The Development Services Director 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 heazing, and information received at the
heazing. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1212 § 1, 1969; prior code §
33.1302(A)).
19.14.030 Zoning administrator -Actions authorized without public hearing.
The Zoning Administrator is authorized to consider and to approve, disapprove or modify
applications on the following subjects, and/or issue the following required permits without
setting the matter for a public hearing:
Ordinance No. 3199
Page 3
A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional
use permits, as defined herein, in the following circumstances:
1. Where the use to be permitted does not involve the construction of a new building or other
substantial structural improvements on the property in question;
2. Where the use requiring the permit would make use of an existing building and does not
involve substantial remodeling thereof;
3. For signs, as defined herein, and temporary tract houses, as limited herein;
4. Carnivals and circuses;
5. Roof-mounted satellite dishes;
6. Recycling collection centers (small) in accordance with CVMC 19.58.345(B);
7. Cellular facilities (stealth) pursuant to CVMC 19.89.050.
B. Variances. The Zoning Administrator shall be authorized to grant variances for limited relief
in the case of:
1. Modification of distance or area regulations;
2. Additions to structures which are nonconforming as to side yard, rear yard, or lot coverage,
providing the additions meet the requirements of this title affecting the property;
3. Walls or fences to exceed heights permitted by ordinances.
Modifications requested in said applications for relief described under subsection (B)(1), (2) or
(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 ]9.58.147. (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)).
E Minor Alterations Certificate of Aupronriateness (COA) in accordance with Chula Vista
Municipal Code Section &21.07.070.
Ordinance No. 3199
Page 4
19.14.035 Zoning Administrator -Application -Fee - Without a public hearing.
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 Chula Vista Municipal Code
&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. 3153 § 2 (Exh. A), 2010).
Section V. Effective Date
This ordinance shall take effect on the thirtieth day from and after its final adoption.
Presented by Approved as to form by
~.
Gary Ha be , P E., IC len R. ogins ,
Assistant Ci anager/Director of ey
Development ervices
Ordinance No. 3199
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of August 2011, by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayo~~
ATTEST: `
~~ ~ ~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3199 had its first reading at a regular meeting held on the 19th day of July 2011
and its second reading and adoption at a regular meeting of said City Council held on the 2nd
day of August 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Donna R. Norris, CMC, City Clerk