HomeMy WebLinkAboutcc min 1981/07/23 MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
Thursday, July 23, 1981 - 4:06 p.m. Council Conference Room - City Hall
ROLL CALL
Councilmen present: Mayor Hyde, Councilmembers Gillow, Cox, McCandliss, Scott
Councilmen absent: None
Staff present: City Manager Cole, City Attorney Lindberg, Development Services
Administrator Robens, Community Development Director Desrochers,
Redevelopment Coordinator Zegler, Development Specialist Kassman
RESOLUTIONS AND ORDINANCES (EMERGENCY) - FIRST READING AND ADOPTION
1. ORDINANCE NO. 1948 AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 17.04.010, 17.04.030, AND 17.04.070 AND ADDING NEW
SECTIONS 17.04.080~ 17.04.090~ 17.04.100, 17.04.110 AND
17.04.120 OF THE CHULA VISTA MUNICIPAL CODE, ALL RELATING
TO OFF-PREMISES OUTDOOR ADVERTISING DISPLAYS
City Attorney Lindberg explained he prepared two ordinances: the first ordinance
which follows the City of San Diego's ordinance adopted recently essentially re-
stores zoning patterns set in 1949 until 1969 limiting billboards to the three
industrial zones, I-R, I-L, and I zones, and prohibiting them in all commercial
and residential zones. The ordinance also sets certain standards for billboards
as to height limitations and proximity regulations in terms of distance from resi-
dential zones and from one billboard to another. It was initially considered to
place a requirement in that ordinance that only non-commercial messages could be
contained on billboards. Mr. Lindberg pointed out two areas of concern: (1) It
is difficult to distinguish between commercial and non-commercial; (2) and, to make
a distinction between commercial and non-commercial may very well constitute a ban.
The City Attorney noted that since the San Diego ordinance was declared unconstitu-
tional by the Supreme Court, if one element of Chula Vista's ordinance is uncon-
stitutional, the total ban element, all of the ordinance including the non-conforming
period of a moratorium scheduled could be held to be unconstitutional. He added
that the effect of the ordinance will be to give the City time to develop a sound
regulatory system and avoid any flood of permit application by the companies who
want to construct as many billboards as possible in order to prolong their fight
for retention of space here in Chula Vista, and all other communities as well.
Mr. Lindberg further discussed the possibility of problems relative to non-conform-
ing signs located on Broadway. These signs were declared to be non-conforming as
of October 15, 1969 and a three-year amortization period was established. A lawsuit
was filed on March 23, 1973 and that lawsuit has been held in abeyance awaiting a
decision of the Supreme Court.
ORDINANCE OFFERED BY MAYOR HYDE, the reading of the text was waived by unanimous
consent, passed and adopted unanimously.
2. RESOLUTION NO. 10572 DIRECTING THE CITY ATTORNEY TO PROCEED FORTHWITH WITH THE
ABATEMENT OF ALL ADVERTISING DISPLAYS LOCATED IN ZONES OTHER
THAN THE I-R, t-L OR I ZONES OF THE CITY OF CHULA VISTA
City Attorney Lindberg explained that a resolution was prepared in compliance with
Councilman Cox's proposal and City Council direction to proceed with efforts to
remove non-conforming signs from Broadway. The resolution recites the history of
the zoning situation and directs the City Clerk to forward copies to some 60 prop-
erty owners, advertisers and three major companies. The resolution will be
accompanied by a letter stating that the City expects the fulfillment of the
regulations of the Courts or the City will proceeo with the lawsuit.
RESOLUTION OFFERED BY COUNCILMAN COX, the reading of the text was waived by
unanimous consent, passed and adopted unanimously.
ADJOURNMENT at 4:19 p.m. to a Closed Session to immediately follow the Redevelopment
Agency meeting this date. The Closed Door Session began at 4:45. The Secretary was
excused. The City Manager reported that the session ended at 5:30 p.m.
ADJOURNMENT at 5:30 p.m. to the meeting scheduled for Tuesday, July 28, 1981 at 7 p.m.
JENNIE M. FULASZ, CMC, CITY CLERK
Redevelopment Agenc(yJ~bcretary