HomeMy WebLinkAboutOrd 2004-2964-A
ORDINANCE NO. 2964-A
URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING SECTION 19.48.020 OF
THE CHULA VISTA MUNICIPAL CODE, DELETING
PARAGRAPH 'B' TO ELIMINATE THE REQUIREMENT FOR
UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE
WHEREAS, ChuIa Vista Municipal Code Section 19.48.020 establishes ownership and
minimum acreage restrictions regarding the establishment and modification of the P-C zone and
implementing general development plans and general development schedules; and
WHEREAS, Chula Vista Municipal Code Section 19.48.020.B, states, in its entirety, that,
"All land in each P-C zone, or approved section thereof, shall be held in one ownership or under
unified control unless otherwise authorized by the planning commission, except as provided for
in CVMC 19.48.060. 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"; and
WHEREAS, as properties within a given P-C zone district are subsequently planned,
subdivided and disposed, the number of property owners within such district makes unified
control, as defined, a practical impossibility as a requirement for applications for modification of
the P-C zone and implementing general development plans and general development schedules;
and
WHEREAS, there is urgent need for the construction of certain school facilities identified
by the Sweetwater Union High School District, namely the District's High School No. 13, for
which project alternatives rely in part on infrastructure extensions associated with entitlment
applications currently being sought by private developers with the timely delivery of a needed
public facility, and thus the amendment is needed so that changes in the Otay Ranch General
Development Plan necessary to implement a high school within Village 7 of Otay Ranch may
take place on a schedule necessary to meet the needs of the Sweetwater Union High School
District; and
WHEREAS, urgency ordinances must be adopted by a four-fifths vote; and
WHEREAS, the Environmental Review Coordinator has determined that the proposed
activity is not a "Project" as defined under Section 15378 of the State California Environmental
Quality Act (CEQA) Guidelines and, therefore, pursuant to Section 15060(c)(3) of the State
CEQA Guidelines the activity is not subject to CEQA; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 24,
2004 and has forwarded a recommendation to the City Council to adopt the proposed Zoning
Ordinance amendments and additions.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION 1. That the City Council of the City of Chula Vista finds that it is necessary to adopt
this change to the Municipal Code and for this change to go into effect immediately in order that
current entitlement processing within Otay Ranch not be delayed to the detriment of the welfare
of students within the City. The City Council finds that there is urgent need for the construction
Ordinance 2964-A
Page 2
of certain school facilities identified by the Sweetwater Union High School District, namely the
District's High School No. 13, for which project alternatives rely in part on infrastructure
extensions associated with entitlement applications currently being sought by privated
developers. The prospect of potential delay in entitlements related to the current Municiapal
Code provision constitutes a current immediate threat to the public health, welfare and safety
justifying the immediate adoption of this amendment.
SECTION II. That Section 19.48.020 of the Chula Vista Municipal Code is amended as follows:
19.48.020 Regulations generally - Minimum acreage - Ownership restrictions.
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 purpose of this
chapter and the objectives of this title. No P-C zone shall include less than 50 acres of
contiguous lands.
8. All land in each P-C zone, or approved section thereof, shall be held in one ownership
or under unified control unless otherwise authorized by the planning commission, except as
provided for in CVMC 19.48.160. 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.
SECTION III. That other amendments elswhere in the Municipal Code shall be made as may be
necessary to achieve consistency with the foregoing action.
SECTION IV. This ordinance shall be of no further force and effect 30 days after its adoption.
SECTION V. This ordinance shall become effective immediately upon four-fifths vote.
Submitted by
Approved as to form by
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Ann Moore
City Attorney
Ordinance 2964-A
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuIa Vista,
California, this 18th day of May, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
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Srepl= C. "'ill, M'Y"<
ATTEST:
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Susan Bigelow, CMC, City lerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 2964-A was passed as an urgency measure on the 18th day of May, 2004.
Executed this 18th day of May, 2004.
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Susan Bigelow, CMC, City erk