HomeMy WebLinkAboutAgenda Statement 1980/03/18 Item 11 COUNCIL AGENDA STATEMENT #
Item -rs-,,a^
Meeting Date 3/l-1-/80
Public hearing - Consideration of amendment to zoning procedure for redevelopmen
ITEM TITLE: plans
Ordinance /?00 - Amending the Municipal Code by adding Section 19.12.150 -
Adopted redevelopment plans. SECOND READING AND ADOPTION
SUBMITTED BY: Director of Planning (4/5ths Vote: Yes No X )
BACKGROUND
The Department of Community Development has requested that the zoning ordinance be amended
to make it clear that an adopted redevelopment plan supersedes the underlying zoning other-
wise applicable to a property in a redevelopment area.
RECOMMENDATION: That Council :
Adopt a motion enacting an ordinance amending Chapter 19.12 of the Chula Vista
Municipal Code adding a new Section 19.12.150 to read as follows:
19.12.150 Adopted redevelopment plans.
If, and in the event that, the City Council adopts a redevelopment plan in
accordance with; the provisions of Section 33000 et seq. of the Health and Safety
Code of the State of California and said plan has been adopted in general conform-
ance with the procedures� as set forth in this chapter for the adoption of zoning
ordinances as applicable to particular pieces of land, said redevelopment plan
shall constitute the zoning -requirements regulating permitted uses and the manner
of development of the land and shall supersede any zoning regulations previously
adopted regulating such permitted uses and development standards; provided, how-
ever, if any aspect or element of development of the property has not been delin-
eated in the redevelopment plan, the regulations contained in the underlying zoning
or in the provisions of the zoning ordinance relating to the particular use involved
shall be deemed to be applicable.
PLANNING COMMISSION RECOMMENDATION: On February 13, 1980 the Planning Commission
voted unanimously to recommend that Council adopt the subject amendment to the Zoning
Ord*ance in accordance with' Resolution PCA-80-6.
DISCUSSION
1 . Case law in California has pretty well determined that when a city adopts a
redevelopment plan for an area, the provisions of the redevelopment plan supersede the
zoning regulations which would otherwise apply. The purpose of this amendment is to
incorporate this legal determination into the Zoning Ordinance so that it is clear that
the redevelopment plan supersedes the zoning.
2. In most cases the redevelopment plan is not as detailed or as comprehensive as
the Zoning Ordinance. Therefore, the proposed amendment specifies that the most applic-
able provisions of the Zoning Ordinance do apply unless the redevelopment plan sets forth
its own provisions.
3. The Environmental Review Coordinator has determined that this proposed amendment
will not have any significant effect on the environment and therefore is not subject to
the requirements of CEQA.
FISCAL IMPACT: None.
Form A-113 (Rev. 11/79) /19C) 6
EXHIBITS
Agreement Resolution Ordinance X Plat Notification List
OtherRes. PCA-80-6 ENVIRONMENTAL DOCUMENT: Attached Submitted on
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by the Ci W
Chula Vista CaiChiLiic�,,ia i $.
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RESOLUTION PCA-80-6
RESOLUTION OF THE .CITY PLANNING COMMISSION RECOMMENDING. TO
TO THE CITY COUNCIL THE. ADOPTION OF AN AMENDMENT TO CHAPTER 19.12
OF THE MUNICIPAL CODE RELATING TO ZONING PROCEDURE FOR
REDEVELOPMENT PLANS
WHEREAS-, the City Attorney requested that language be inserted in the City
Code specifying- that redevelopment plans- supersede the zoning regulations,. and
WHEREAS, the City Planning Commission set the time and place for a public
hearing to consider an amendment to. the zoning procedure for redevelopment_
plans, and
WHEREAS, a hearing was held at said time and place; namely 7:00 p.m. ,
February 13,' 1980, in the .Council Chamber,. before the. Planning Commission, and
the hearing was thereafter closed, and
WHEREAS, the City's Env.ironmental Review Coordinator has determined that
f this proposed amendment .wil] not have any..significant effect on the environment
and _therefore isnot subject to the requirements' .of CEQA.
NOW, THEREFORE, BE, IT RESOLVED AS FOLLOWS:
1.. . From facts presented to 'the Planning Commission, the Commission finds
that public necessity, convenience, general. welfare and good zoning practice
require. the amendment to Section 19.12.150 of the Municipal Code to read as follows:
Sec. 19. 12.150 Adopted. Redevelopment Plans.
If, and in the event that, the. City Council adopts a' redevelopment
plan in accordance with the provisions of Section 33000 et seq-. of
, the Health and Safety. Code of the State ,of California and said plan
has been adopted in general conformance with the procedures as set
I
forth i.n this chapter:- for the adoption of zoning ordinances as
applicable- to particular pieces of land, said redevelopment'p-l-an
shall constitute the zoning requirements regulating permitted uses
and' the man'ner. o.f de'velopment, of `the land and shall supersede any
zoning regul.ations ,previ:ously adopted regulating such permitted
uses and development -standards; provided, however; if any aspect
or element of development of the property has not been delineated
in the redevelopment plan, the, regulations contained in the under-
lying zoning or in the provisions of the zoning ordinance relating
to the particular use involved shal-1. be deemed to be applicable.
2:` . The Planning-Commission ,recommends to the City Council that said
amendment be adopted.
. . . /9�p
3. That this resolution be transmitted to the City Council .
PASSED AND APPROVED BY THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA
this 13th day of February, 1980 by the following vote, to-wit:
AYES: Commissioners Stevenson, O'Neill , Smith, Pressutti , R. Johnson,
G. Johnson and Williams
NOES: None
ABSENT: None
Chairman
ATTEST:
Secretary
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