HomeMy WebLinkAboutOrd 1978-1826 ' ' . 8/17/78
ORDINANCE NO. 1826
AN INTERIi�i ORDINAT]CE OF THE CITY OF CHULA VISTA AI�IENDING
CHAPTER 19. 48 OF THE CHULA VISTA PNPIICIPAL CODE
AI,L RELATING TO THE P-C, PLANNED COi'IMUNITY ZOPIE
AND REPEALING SECTIONS 19 . 14. 270 THROUGH 19 . 14. 320
OF CHAPTER 19 . 14 OF THE CHULA VISTA MUIdICIPAL CODE
ALL RELATING TO P-C ZONE PROCEDURES
SECTZON I : That Chapter 19 . 48 of ,the Chula Vista
Dlunicipal Code be, and the same is hereby amended to read as
follows:
CHAPTER 19. 48 P-C PLANNED COMMUNITY 20NE
Sec. 19 . 48. 010 Purpose and Intent.
� The intent and purpose o£ the P-C Planned Community
Zone is:
1. Provide a method for and to encourage the
orderly implementation of the general plan
by adoption of specific plans £or the com-
prehensive planning and development of
procedures of large tracts of land which
are either under unified ownership or
developmental control, or are deemed by
the City to require such comprehensive
planning and development so that the entire
tract will be developed in accord with an
adopted master plan to provide an environ-
ment of stable and desirable character.
2. To provide a flexible regulatory procedure
through the use of the speci£ic plan and
implementation by traditional zoning devices
as set forth herein, thus encouraging crea-
tive and imaginative planning of coordinated
communities involving a mixture of residential
densities and housing types , open space, com-
� munity facilities , both public and private,
and, where appropriate, commercial and indus-
trial areas.
3. Allow for the coordination of planning efforts
between developer and City to provide for such
' orderly development of all necessary public
facilities and infrastructure so as to insure
their availability concurrent with need. ,
4 . To provide a framework for the phased develop-
ment of an approved master planned area pro-
viding assurance to the developer that subject
to the specific plan as adopted, later develop-
ment and appropriate zoning will be acceptable
to the City provided that terms and conditions
attached to zoning, subdivision maps, conditional
use permits and planned unit developments , which
will in fact carry out the approved specific plan
for the particular P-C zone planning area. Sec-
tional development plans within the specific plan
P-C Planned Community zone area may include appro- `
priate zoning, subdivision plans, planned unit
developments, precise plans and conditional use
permits as provided for in this title.
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5. To provide a basis for planning which will be
sufficiently detailed so as to leave no majbr
questions unresolved for the later zoning phase '
except for those conditions and terms which will
enable the specific plan to be implemented. It
is the intent of the Council that the specific.
plan adopted for any particular area incorporated
into the P-C zone will be such as to require that
zoning ordinances subsequently adopted must conform
with and be adequate to carry out the specific plan
and not merely consistent with the designations on
the specific plan. �
6 . Allow for the designation o£ open space and other
public use elements on a specific plan which would
be subject to later implementation by the adoption
of appropriate zoning ordinances, or those other
technical devices set '£orth hereinabove for the
accomplishment' of the goals of the specific plan
utilizing as required the dedication of properties
pursuant to the park land dedication requirement,
the acquisition of properties through the use . of
eminent domain proceedings , or the limitation of
development rights through the program of the trans-
fer of development rights .
7. The specific plan as adopted in any planned com-
munity zone would also provide assurances for a
developer to go forward with projects without
bringing into play the restraints and restrictions
of AB 884 until such time as applications for pro-
jects are clearly timely and are within the capa-
bility of both the developer and the City to move
forward in an expeditious manner as required by
AB 884.
Sec. 19 . 48, 020 Regulations Generally--Minimum Acreage--
Ownership Restrictions.
The following regulations shall apply in all P-C zones
and all development shall be subject to the subsequent
provisions of this chapter, except that where conflict
in regulations occurs, the "regulations specified in this
section shall apply:
A. P-C zones may be established on parcels of land
which are suitable for, and of sufficient size
to be planned and developed in a manner consistent
with the purposes of this chapter and the objec-
tives of this division. No P-C zone shall be con-
sidered upon application of a developer if said
zone shall include less than fifty .acres of con-
tiguous land, either under unified ownership, or
single developmental control; provided, however,
that the City may initiate proceedings for the
. establishment of a P-C zone on an area of lesser
acreage if it is deemed that a specific plan for
the development of said acreage is desirable to
achieve the intent and purposes as set forth
in Section 19. 48 . 010 .
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, B. All land in each P-C zone, or approved
section thereof, shall be held in one owner-
ship or under unified control unless otherwise
authorized by the planning commission. For .
the purposes of this chapter, the written consent
or agreement of all owners in a P-C zone to the
proposed general development plan and general
development schedule shall be deemed to indicate
unified control.
Sec. 19, 48 . 030 Application - riethod - Documents Required.
A P-C zone may be initiated by one or more owners, or
by a developer representing said owners upon application
made in the manner specified by this section and Sections
19 .48, 040 and 19 . 48 .050, and subject to the procedures
set forth in Sections 19 . 48. 080 through 19 . 48. 150 .
The' application initiated by the developer shall include
a general development plan and schedule in accordance
with the provisions contained herein. If the P-C zoning
is initiated or recommended for modification or amendment
by the planning commission, the City Council or the
Planning Department, the application shall be accompanied
by a specific plan and all of the elements required therein
shall be essentially the same as for a general development
plan. Provided further, that upon the adoption of such
a specific plan, the property owner or owners may at a
later time register their concurrence with the terms and
provisions of such adopted specific plan and may proceed
with development in accordance therewith, provided that
all costs and required fees , shall be paid to the city
by the .developer and all the procedural and substantive
requirements of the P-C zone are met.
Sec. 19 . 48 . 040 Application--Specific Plan/General
Development Plan Required--Contents
Required.
The application shall include a specific plan/general
development plan showing the topographic character
oP the land; any major regrading intended; the general
location of all existing and proposed uses of the
land; the approximate location of all traffic ways ,
except those solely serving abutting uses; any pub-
lic uses, such as schools , parks, playgrounds, open
space and undisturbed natural land; provision for
erosion control and fire prevention planting and,
for residential uses, the approximate location of
different densities of dwelling units. Where appropriate,
said plan shall include recommendations as to desirable
or compatible uses in the area surrounding said development.
Sec. 19 .48. 050 Application--Specific Plan/General
Development Plan Schedule--Contents
Required.
The application shall include a schedule for the
implementation of the specific plan/general development
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plan indicating:
A. Description of the project;
B. The anticipated timing for each section of the
development for which specific uses are intended
or for which specific sectional development plans
will be submitted.
C. The approximate area of each section of the devel-
opment and area of each separate land use;
D. For residential development or residential sections
o£ any P-C zone development:
1. The approximate number of dwelling units pro-
posed by type of dwelling. This may be stated
as a range with maximum and minimum number of
units of each type,
2 . The approximate total population anticipated
. in the entire development and in each major
section. This may be stated as a range with
a maximum and minimum number of persons ,
3: The approximate standards of height, open
space , building coverage, and number of
dwelling units per gross acre proposed for
each section of the development,
4 . The approximate land area and number of sites
proposed for public use of each 'type,
5 5 . The approximate retail sales area space in
square feet and gross area in acres proposed
for commercial development with standards for
off-street parking and landscaping and cir-
culation for vehicles and pedestrians;
E. For commercial or industrial development or com-�
mercial or industrial sections of any proposed
P-C zone:
1. Types of uses proposed in the entire area
and each major section thereof,
2 . Anticipated employment in the entire develop-
ment and/or in each .major section thereof.
This may be stated as a range,
3 , biethods proposed to control� or limit dangerous
or objectional elements , if any, which may be
caused or emitted by proposed uses . Such
dangerous or objectional elements may include
fire, explosion, noise or vibration; smoke,
dust, odor, or other form of air pollution;
heat, cold, dampness.; electrical or other
disturbance; glare; liquid or solid refuse or
wastes; or other substance, condition or ele-
ment which might adversely affect the sur-
rounding area,
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�4 . The approximate standards of height, open
space, buffering, landscaping, circulation
off-street parking and loading proposed for
the intended structure or uses;
F. For institutional, recreational or other nonresi-
dential development of sections of any P-C zone:
1. Approximate types of uses proposed in the
entire area and each major section thereof,
2. Significant applicable information with respect
to enrollment, residence, employment, patients,
attendance, and other pertinent social or eco-
nomic characteristics of development,
3. The approximate standards of height, open space,
buffering, landscaping, pedestrian and vehicular
circulation, off-street parking and loading,
proposed for the intended structures or uses;
G. The uses of land and standards of development con-
sidered suitable and desirable for lands adjacent
to the proposed development.
Sec. 19 ,48. 060 Findings Required for Recommendation
of Establishment of P-C Zone.
The Planning Commission, after public hearing as pro-
vided in Sections 19 . 48 . 100 through 19 . 48 . 150 of this title,
may recommend to the City Council the establishment of a
P-C zone, and the adoption of the specific plan, inclu-
ding the phasing element thereof, provided, that the
facts submitted with the application, or by the
Council upon initiation by the Council, or by the
Planning Commission upon initiation by the Planning
Commission, and presented at the hearing established
by clear and convincing evidence that:
A. The proposed development as described by
the specific plan/general development plan
and development schedule is in harmony with
the provisions of the Chula Vista general plan;
B. A planned community development can be commenced
through the establishment of standardized zoning
for specific uses or specific uses or specific
sectional development plans within two years
from the adoption or amendment or modification
of the planned community zone.
C. In the case of proposed residential development,
that such development will constitute a residential
environment of sustained desirability and sta-
bility; and that it will be in harmony with or
provide compatible variety to the character of
the surrounding area, and that the sites proposed
for public facilities, such as schools, play-
grounds and parks , are adequate to serve
the anticipated population and appear acceptable
to the public authorities having jurisdiction
thereof;
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D. In the case of proposed industrial and research
uses, that such development will be appropriate
in area,' location, and over-all design to the
purpose intended; that the design and develop-
ment standards are such as to create a research ,
or industrial environment of sustained desira-
bility and stability; and that such development
will meet performance standards established by
this title;
E. In the case of institutional, recreational, and
other similar nonresidential uses, that such
development will be appropriate in area, location
and over-all planning to the purpose proposed,
and that surrounding areas are protected from
any adverse effects from such development;
F. That the streets and thoroughfares proposed are
suitable and adequate to carry the anticipated
t'raffic thereon;
G. That any proposed commercial development can be
justified economically at the location (s) pro-
posed and will provide adequate commercial
facilities of the types needed at such location (s)
proposed;
H. That the area surrounding said development can
be planned and zoned in coordination and sub-
stantial compatibility with said development.
Sec. 19. 48 . 070 Contents of Specific Plan/
General Development Plan.
A specific plan/general development plan for the
development� of a planned community zone shall consist
generally of the following elements :
1. Graphic plans of the proposed development that
include the following:
a. A map and legal description of the property
with a north point scale not less than one
' inch equals two hundred feet, showing the
date of preparation and the name and address
. of the plan' s preparer, be it company or
• person, is required.
b. Location of the various land uses shall be
indicated by the use of zone designations
of development zones and overlay zones as
provided in this title. Development of pro-
perty within the area of each such zone shall
be subject to the regulations of the indi-
cated zone unless specifically modified as
a part of the master plan approval.
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c. An integrated open space program. Land uses
considered as open space £or purposes .of
this chapter are properties that are publicly
or commonly owned for the benefit and use of
the public or residents of the community such
as parks , recreation facilities, greenbelts
that are at least twenty-feet wide, natural
areas that are at least' ten thousand square
feet in area, bikeways and pedestrian paths .
These areas are to be indicated in the spe-
ci£ic plan and not used for any other purpose.
d. Specific development provisions to be applied
such as a planned unit development permit or
a conditional use permit shall be indicated.
Developments of property within areas so indi-
cated shall be in accord with the terms of
the permit and the provisions of this title
applicable to such permits.
e. The location of public and quasi-public facili-
ties such •as schools, fire stations , trans-
mission lines and booster stations shall be
indicated.
f. The locations of major circulations systems
and collector streets and their relationship
to the circulation element shall be indicated.
Bikeways , pedestrian paths , interconnecting
open space areas and other special access
means shall also be shown.
g. Facilities for water supply and sewerage dis-
posal, including sewer and water trunk lines ,
. fire station sites, storm drainage and flood
control structures and any other public facility
needed to properly service the proposed com-
munity shall be indicated.
h. Phasing of development shall be indicated.
Adequate public facilities , open space, recre-
ation areas and street systems sha11 be pro-
vided for each phase .
i. A map showing topographical contours at no
less than twenty-five foot intervals . Exist-
ing trees and other natural features shall be
indicated on such map.
j , Proposed development shall be consistent with -
the topography to reduce the amount of grading.
The graphic is to indicate where significant
grading is anticipated and for what reasons
it is necessary.
2 . A text shall accompany the graphic which shall
indicate the phasing program to be followed and
concepts for implementation of the specific plan
through the use of zoning, subdivisions, condi-
tional use permits and any other technical devices
to carry out the specific plan. Such text shall
contain the following information:
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� a. . A description of each type of land use by
acre and area indicating the number and
type of anticipated dwelling units in each
of the residential areas, anticipated uses in
the commercial, industrial zones and the land
area for parks , schools , common open area and
other public facilities and community services,
b. Land use' and public facility economic impact
report that contains the following:
(i) Justification for the proportions of
the various land uses based on the
projected population and acceptable
marketing or planning techniques,
� (ii) Projected fiscal impacts the develop-
ment wi11 have on the ability of the
city and other governmental or quasi-
public agencies to provide necessary
services . This report shall include
the approximate cost, of dwelling units,
anticipated land and sales taxes to the
city and costs of necessary public ser-
vices . The report shall be prepared by
an economic consultant independent of
the applicant but at the applicant' s
expense,
c. Special development regulations , including
any modifications of zone designation regu-
lations ,
d. A program to meet the needs for parks, schools
and other public facilities based on the anti-
cipated population of the community and the
timing of its development,
e. Method to be employed for the maintenance of
commonly held private land such as open space,
recreation areas , street and parking areas.
Some possible methods, depending on the cir-
cumstances, are maintenance by developer,
homeowners' association, maintenance district,
or city,
f. Phasing schedule indicating the timing for
each section of the development, what public '
facilities , open space, recreation facilities
or amenities will be provided with each phase,
g. Special requirements as requested by the
applicant or required by the City Council
which may include, but are not limited to,
any of the matters which may be regulated
by speci£ic plan pursuant to Section 65451
of the Government Code,
h. Measures to be used to mitigate any adverse
environmental impact as noted in the adopted
environmental impact report for the project;
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3. A .landscape open area plan that includes all open
spaces as required by this chapter and all other
' such areas proposed for the development. This
plan shall include a graphic indicating areas to be
landscaped, left natural, used as recreation, open
space and bike or pedestrian ways . In addition,
the plan shall include the proposed ownership,
� and indicate who shall have the responsibility
for the maintenance of the various. types of open
areas.
4 . A community identification sign program that, in
addition to signs otherwise permitted, the specific
plan area will show- community entrance signs, di-
rectional signs and temporary inPormational signs .
The program may include the� following:
a. Graphic representation of design motif,
b. Location of permanent community entrance,_
directional and informational signs ,
c. Type, number and dimensions of temporary
informational and directional signs that
will be used during development only,
d. Special sign program for the commercial and
industrial portion of the community including
standards for development based on sign area
footage per lineal foot, face of building
and sign height maximums .
Sec. 19. 48 . 080 Effect of Adoption of Planned Community
, Zone Ordinance as a Part of the Compre-
hensive Zoning Ordinance of the City of
Chula Vista.
� From and after the effective date of Chapter 19 .48
of the Municipal Code of the City of Chula Vista relat-
ing to the P-C Planned Community zone, all areas wherein
land use control has been established by means of the
adoption of the planned community zone as heretofore
established, areas where specific plans have been adopted,
and areas which are subject to redevelopment plans -adopted
by the Redevelopment Agency of the City of Chula Vista,
shall be considered to be in the planned community zone
as provided in this chapter. It shall be the obligation
of the Planning Department, and in those cases where a
redevelopment project is involved, the .Community Develop-
ment Department, to examine the then existing general
development .plan and schedule and any specific plan to
insure that' those plans and schedules provide therein all
of the elements as required by this ordinance. If any of
said elements are not present, the specific plan for that
planned community zone should be appropriately amended
, � after hearings as provided in this title to change or
augment the specific so as to provide such elements. The
basic plan, however, shall not be changed unless it is
desired by the City to initiate a comprehensive revision
of the specific plan as incorporated into this newly
established planned community zone.
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Sec. 19 . 48. 090 Authority of Planning Commission
and City Council.
A. If, from the facts presented, the commission
is unable to make the findings set forth above,
it shall recommend disapproval of the application.
B. The commission may recommend disapproval of the
planned community speci£ic plan/general development
plan and schedule; may recommend approval of said
specific plan/general ' development plan and schedule
as submitted; or may recommend approval of said
specific plan/general development plan and schedule
to specified modifications.
C. The commission shall review the appropriate planning
and zoning for the area surrounding said planned
community specific plan/general development plan,
and the approximate time schedule for carrying out
such action if such action is required. when necessary
to insure compatible development for the entire com-
munity,. or to avoid serious conflicts in land uses
between the P-C zone and the surrounding area, action
. regarding the P-C .zone and the appropriate planning
and zoning of the surrounding area shall be taken
concurrently.
D. Action by city council on the application for a
P-C zone ' shall be in accordance with Sections 19 . 48 . 100
through 19 . 48. 150 of this title, which shall be
considered as legislative procedures for the adoption
of any P-C zone. If the city council desires to
modify said specific plan/general development plan
and schedule, as recommended by the planning com-
mission, such modification shall be referred back
, to the planning commission for a written report
before adoption. Should the commission fail to
recommend said specific plan/general development plan
and schedule and said specific plan/general development
plan and schedule is forwarded to the council without
a positive recommendation, or should the commission
fail to report upon a modification with 28 days after
reference, said modification shall be deemed to be
approved upon the adoption of an ordinance initiating
any P-C zone or P-C prezoning or amendments thereto,
which ordinance shall incorporate the specific plan/
general development' plan and schedule.
Sec. 19. 48 . 100 P-C Zone - Procedures Generally.
Where use is made of the P-C zone, as provided in this
title, the following procedures set forth in Sections
19 . 48. 110 through 19. 48 . 150 shall' be followed.
Sec. 19. 48 . 110 P-C Zone - Planning Commission Action.
Following a public hearing, and upon making the required
findings, the planning commission shall make a recommendation
to the city council for approval or modified approval of
a proposed P-C zone, and shall also adopt a resolution
recommending that the city council adopt the specific plan/
general development plan as submitted or as modified. Such
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recommendation and at least two copies of the recommended
specific plan/general development plan shall be forwarded
to the city council for its consideration. If unable
to make the required findings, the planning commission
shall deny said application or, if the proposed amendment
was initiated by council action, shall report to the city
council the results of its deliberations and the reasons
it was unable to make the required findings.
Sec. 19.. 48 . 120 P-C Zone - City Council Action -
� Compliance with General Develop-
' ment Plan Required.
Upon receipt of a recommendation by the planning
commission for approval or modified approval of any P-C
zone', the city council shall set a public hearing on
the matter; or upon the receipt of a report by the
planning commission that it has been unable to make the
necessary findings in the case of a proposed amendment
initiated by the city council, the city council 'may •
set a public hearing on the matter.
A. Following its public hearing, the city council
may adopt an amendment to, the zoning ordinance
establishing a P-C zone, or may deny the proposed
amendment. The city council shall make no
modification of the proposed amendment as recom-
mended by 'the planning commission unless and
until such modification shall have been referred
to the planning commission for additional study,
report' and recommendation. Such additional study,
report and -recommendation shall be made by the
planning commission within 28 days of the date
of the referral, unless and except as the city
council may grant the planning commission additional
time for its review of the matter.
Sec. 19 . 48, 130 P-C Zone - Planned Development Permit -
Application - Contents - Approval
Required - Fee. �
A. Following the approval of a P-C zone, the developer
may apply for a planned development permit. Such
application shall be accompanied by precise plans
for the improvement of said district or of a develop-
ment unit within the P-C zone. Precise plans include,
but are not limited to, a legal description, a
subdivision map, a planned unit development plan,
architectural drawings for a building permit, and
these shall be accompanied by such other material
and information as may be required to initiate actual
development or construction.
B. The application £or planned development permit, based
on a planned unit development, shall £ollow the pro- -
cedures specified in Sections 19 . 14 . 330 through 19. 14 .410
of this title for such planned unit development.
C. The application for a planned development permit,
based on approval of a subdivision, shall follow the
requirements set forth in Title 18 of this code.
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D. The application for a planned development permit,
based on issuance of a building permit to use a
previously approved building site shall be subject
to site plan and architectural approval as provided
in this title.
E. There shall be a fee of two hundred dollars plus one
dollar .per acre charged for the consideration of an
application for, or issuance of, a planned development
permit in addition to those fees established by other
sections •of this code for approval of planned unit
development, subdivision maps, site plan and architectural
approval, building permits , inspection fees, and the
like.
Sec. 19 . 48. 140 P-C Zone - Planned Development
, Permit - Time Limit for Application -
Effect of Failure to Apply.
A. Except in the case of a P-C zone established upon
the initiation of the planning commission or the
city council , application for the issuance of a planned
development permit shall be made for the first develop-
ment unit of a P-C zone� within two years of the date
upon which such zone was established. Applications
for subsequent planned development permits shall be
made generally in keeping with the schedule established
in the specific plan/general development plan.
B. Failure to make such applications shall be considered
cause £or the planning commission to initiate public
hearings to review the zoning classification of the
area, and to make recommendations to the city council
for appropriate rezoning of the area.
Sec. 19. 48. 150 Specific Plan/General Development Plan -
Modification Requests and Procedures.
A. From time to time, it may be necessary and desirable ,
to modify the approved specific plan/general develop-
ment plan. Modification of such a plan may be initiated
by the city council, the planning commission, or by
the property owner, his authorized agent or developer.
B. Requests for modifications shall be submitted by the
planning commission in' written form and shall be
accompanied by such additional maps , statements, or
other information as may be required to support the
proposed modification. The planning commission shall
consider the proposed modification at its next regular
meeting,
C. If the _proposed modification involves an addition
o£ a new use� or group of uses not shown on the original
specific plan/general development plan or the re-
arrangement' of uses within' the zone, or if the planning
commission for any other reason deems it necessary, a
public hearing shall be held on the proposed modification.
D. Modification to an approved specific plan/general
development plan shall be made only by resolution
of the city council: Within thirty days after receipt
of a recommendation from the planning commission, the
city council shall approve or deny the proposed modi-
fication.
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SECTION II:- That Sections 19.14 . 270 through 19 . 14. 320
of Chapter 19 . 14 of the Chula Vista Municipal Code be, and the same
are, hereby repealed.
SECTION ZII : This ordinance shall take effect and be
in full force on the thirty-first day from and after its passage
and approval.
Presented and Approved as to form by �
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George D. Lindberg, City At rney
FIRST READ at a regular meeting of the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFORNIA, held AUGUST 3 .
197 $ , and finally PASSED AND ADOPTED at a regular meeting thereof
held AUGUST 15 , 197 R , by the following vote, to-wit:
AYES: Councilmen: . EGDAHL . GiLLOW, SfOTT� MX
NAYES : Councilmen: NONE
ABSENT: Councilmen:
Mayor/of t C ' y of Chula Vista
' PRO MP E
ATTES
City ler
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss .
CITY OF CHULA VISTA)
i, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above is
a full, true and correct copy of Ordinance No. , and that
the same has not been amended or repealed. DATED
City Clerk
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