HomeMy WebLinkAboutItem 3 - CC Ordinance DraftORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE "GROWTH MANAGEMENT"
ORDINANCE (CHAPTER 19.09 OF THE CHULA VISTA
MUNICIPAL CODE)
WHEREAS, in response to growth and in anticipation of additional growth in Chula
Vista, the City Council adopted the Threshold Standards and Growth Management Oversight
Committee Policy in 1987 and the Growth Management Program and "Growth Management"
ordinance in 1991; and
WHEREAS, in 2003 the City Council, in response to a growth boom that began in 1999,
requested that a comprehensive review of the "Growth Management" ordinance and threshold
standards be conducted to make certain that they worked "in today's world "; and
WHEREAS, in 2004 a white paper with observations and suggestions to explore updates
to the "Growth Management" ordinance and threshold standards, was presented to Council, and
Council accepted the white paper, authorizing a work program for undertaking a "top -to- bottom"
review and the preparation of resultant revisions to the City's Growth Management Program
provisions; and
WHEREAS, subsequent to Council authorization, a consultant and City staff prepared a
draft "Growth Management" ordinance update; and
WHEREAS, the Growth Management Oversight Commission (GMOC) participated in
discussions with the consultant and City staff in revising the "Growth Management" ordinance;
and
WHEREAS, various GMOC annual reports since 2005 have recommended changes to
the "Growth Management" ordinance and threshold standards; and
WHEREAS, on October 22, 2014, the GMOC reviewed and accepted the final proposed
revisions to the "Growth Management" ordinance; and
WHEREAS, the Director of Development Services set a hearing before the Planning
Commission for the consideration of and recommendation on changes to the "Growth
Management" ordinance. Notice of said hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the City at least ten 10 days prior to the
hearing; and
WHEREAS, a hearing was held at the time and place as advertised on November 12,
2014 at 6:00 p.m. in the City Council Chambers, 276 Fourth Avenue, before the Planning
Commission of the City of Chula Vista to receive the recommendation of City staff and to hear
public testimony with regards to the proposal, and the hearing was thereafter closed; and
1
WHEREAS, the Planning Commission considered all reports, evidence, and testimony
presented at the public hearing with respect to the "Growth Management" ordinance; and
WHEREAS, the Planning Commission did find and determine that the proposed
ordinance is consistent with the City of Chula Vista General Plan and local, state, and federal
law, and that the public necessity, convenience, general welfare and good zoning practice
support the requests; and
WHEREAS, the Planning Commission, after considering all evidence and testimony
presented, recommended by a vote of that the City of Chula Vista City Council
approve the revisions to the "Growth Management" ordinance; and
WHEREAS, a hearing time and place was set by the City Council of the City of Chula
Vista for consideration of the proposal and notice of said hearing, together with its purpose, was
given by publication in a newspaper of general circulation in the City at least ten 10 days prior to
the hearing; and
WHEREAS, a duly called and noticed public hearing was held at the time and place as
advertised on , 2014, at 2:00 p.m. in the City Council Chambers, 276
Fourth Avenue, before the City Council to receive the recommendation of City staff and to hear
public testimony with regards to the proposal, and the hearing was thereafter closed.
NOW, THEREFORE, BE IT ORDAINED that the City Council does hereby find and
determine as follows:
Section I: Environmental
That the City Council has reviewed the proposed activity for compliance with the
California Quality Act (CEQA) and has determined that there is no possibility that the activity
may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of
the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review
is required.
Section II: General Plan
That the proposed changes to the "Growth Management" ordinance (Chapter 19.09 of the
Chula Vista Municipal Code) are consistent with the elements of the City's General Plan.
Section III. Adoption
The City Council does hereby approve the Ordinance that would amend the "Growth
Management" ordinance (Chapter 19.09 of the Chula Vista Municipal Code).
2
Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VII. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Kelly Broughton
Development Services Director
Glen R. Googins
City Attorney
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this day of , 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cheryl Cox, Mayor
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. had its first reading at a regular meeting held on the day of
, 2014 and its second reading and adoption at a regular meeting of said City
Council held on the day of 2014; and was duly published in summary form in
accordance with eh requirements of state law and the City Charter.
Executed this day of 2014.
Donna R. Norris, CMC, City Clerk
0