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HomeMy WebLinkAboutOrd 1973-1457 ORDINANCE N0.1457 AN ORDINPNCE OF THE CITY OF CHULA VISTA REGULATING GRADING, CONSTRUCTION ATID LAND USE ZN FLOOD PLAIN AREA IN LOSVER SWEETWATER VALLEY WITHIN THE CITY OF CHULA VISTA AND DECLARING THE URGENCY THEREOF The City Council of the City of Chula Vista does ordain as follows : SECTION I : The City Council hereby finds and declares that the flood plain area of the lower Sweetwater Valley is a resource in which the pulibc has a great interest. ' The City Council further finds and declares that safe and rational devel- opment within this area can result only from a comprehensive review and legislation as may prove necessary delineating the floodways within this area and identifying the specific factors which must be taken into account in regulating development within this area. The City Council further finds and declares that interim legisla- tion is needed to protect the lower Sweetwater Valley against premature development during the period of the proposed compre- hensive review. SECTION 2 : The flood plain area subject to this ordinance consists of all that area within the 100-year flood limit lines of the lower Sweetwater Valley as such lines are shown on the set of maps in the office of the City Engineer. SECTION 3 : During the Period this ordinance is in force and effect, no person shall perform any of the hereinafter described acts without a special permit issued pursuant to this ordinance: (a) Grading for which a grading permit is required (except a grading permit for a borrow pit) by Chapter 29 , Article 2 of the Chula Vista City Code, commen- cing with Section 29 . 201 , and for which no grading permit was issued prior to the enactment of this ordinance. (b) Construction (except reconstruction and maintenance) , erection, placement or enlargement of any building or structure for which a building permit is required by Chapter 8 , Article 1 of the Chula Vista City Code, com- mencing with Section 8 . 1, and for which no building per- mit was issued prior to the enactment of this ordinance. (c) Commence to use any land for any purpose or use whether or not a special use permit is otherwise re- quired by the Zoning Ordinance. SECTION 4 : Any request for relief from the requirements of this ordinance shall be made by letter to the City Council, filed with the Director of Planning, who shall set the matter for consid- ' eration by the City Council not later than 30 days following re- ceipt of the request. The request shall be acconpanied by such maps , plans and factual documents as necessary to substantiate the affect of the proposal upon flood water flow. The Director of Planning and the Director of Public Works shall submit a joint report and recommendation to the City Council upon the proposal within two weeks following the submission of the request. The matter need not be advertised nor need a public hearing be held by the City Council, but the proponent shall be notified of the date and place at which the City Council will consider the matter by a letter cahich is deposited in the mail at least seven days prior to the date on which the City Council shall consider the matter. SECTION 5: Relief from the provisions of this ordinance granted by the City Council only if it finds that the proposed grading, or construction, or the erection, placement or enlargement of a building or structure, or the proposed use of the land will not diminish or adversely affect the capacity of the Sweetwater Valley to accommodate and transmit flood waters, and that it would constitute an unreasonable hardship for the applicant to delay the initiation of the project until enactment of permanent zoning regu- lations reflecting the studies of the flood plain area which are being accomplished by the City of Chula Vista, the County of San Diego and the Comprehensive Planning Organization. Relief shall be granted through resolution of the City Council and may be limited for such periods of time and upon such conditions as may be deemed appropriate by the City Council. SECTION 6 : No relief from the provisions of this ordinance shall be granted by the City Council unless a determination has been made as to the significarit or insignificant environmental impact of the proposal through the City' s environmental impact process. SECTION 7 : During the period this ordinance is in force and effect, no grading permit, building permit or special land use permit shall be issued unless the applicant therefor shall first have complied with the provisions of this ordinance. SECTION 8: This ordinance shall be in force and effect for a period of ninety (90) days from the date of adoption thereof. SECTION 9 : This ordinance is declared to be an ordinance necessary to the immediate preservation of the public peace, health and safety within the meaning of Section 311 of the City Charter and shall take effect immediately. The facts constituting such necessity are as follows: The County of San Diego is currently conducting a study to delineate the floodway in the lower Sweetwater Valley based on existing topography upstream of I-805. This study will define limits within the valley which can safely be filled and developed while maintaining an adequate floodway. The Comprehensive Planning Organization is currently investigating the need for an improved channel down- stream of I-805. In the event that the Comprehensive Planning Organization should determine that the im- proved channel is not necessary, the City will likely have to modify its requirements relative to construc- tion within the flood plain . ' SECTION 10: The provisions of this ordinance shall not be applicable to any projects which are presently on file with the City of Chula Vista and awaiting action by any board or commission or the City Council of the City of Chula Vista. Said projects shall be allowed to proceed in accordance with previously established regu- lations, policies and procedures.� SECTION 11: This ordinance shall become effective upon its first reading and adoption if passed by at least four (4) affirmative votes of the City Council as an interim ordinance and an emergency measure . Presented by Approved as to form by /�� / .--- � Q � ,�� �� '�- � Lane F. Cole , Director of George . Lindberg, City Att ey Public Works 2 � ADOPTED AND APPROVED BY THE CITY COUNCIL. OF- THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of March , 1973, by the following vote , to-wit: AYES : Counc��men Egdahl , Hobel, Hamilton, Hyde NAYES : Counc�.�men None ABSENT : Counc�c2m2n � NOne ABSTAIN : Councilman Scott ayon o ie .c y o6 tu a .c� a ATTEST C.c.t y en STATE OF CALIFORIQIA ) COUNTY OF SAN DIEGO ) ss. CITY OF..CHULA VISTA ) I , JENNIE M. FULASZ , C�..ty C�e2k ob .the C�..ty o5 Chu2a V�.e.ta, Ca2�.bohn�,a, DU NEREBY CERTIFY .tha.t .the above and boxego�.xg �.� a bu2k, .tnue and conhec.t copy o� and .tha�t .the eame hae no.t been amended an hepea2ed. DATED : .c.ty .�en ���