HomeMy WebLinkAboutReso 1981-10572
RESOLUTION NO. 10572
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DIRECTING THE CITY ATTORNEY TO PROCEED FORTHWITH
WITH THE ABATEMENT OF ALL ADVERTISING DISPLAYS LOCATED
IN ZONES OTHER THAN THE I-R, I-L OR I ZONES OF THE
CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has heretofore adopted
ordinances in 1969, 1970 and 1971 requiring the removal of
nonconforming signs within a period of three years from October
IS, 1969, and
WHEREAS, in accordance with the provisions of such
ordinance, a complaint for injunction entitled "City of Chula
Vista v. National Neon, et al and Does I through 100, inclusive"
was filed on March 23, 1973, and
WHEREAS, said litigation has been held in abeyance
awaiting the final determination of the U. S. Supreme Court, and
WHEREAS, the U. S. Supreme Court in the case of
Metromedia, Inc. et al. v. City of San Diego, et al., has now
rendered a decision authorizing the City to totally ban at the
very least all commercial outdoor advertising displays and to
limit all advertising displays as to time, place and manner, and
WHEREAS, the City of Chula Vista has since 1949
prohibited all outdoor advertising displays or billboards in any
zone other than the industrial zones of the City, and
WHEREAS, those billboards or outdoor advertising displays
which the City sought to enjoin or abate in its legal action in
1973 were located in commercial zones since 1958 and were
nonconforming since that time and have been now nonconforming for
a period in excess of 23 years, and further, have been
nonconforming in accordance with the provisions of Section
17.04.040 of the Chula Vista Municipal Code for purposes of
amortization and abatement since October IS, 1969, a period of
nearly 12 years, and
WHEREAS, the City of Chula Vista has now adopted an
emergency ordinance authorizing outdoor advertising displays to be
placed or erected only in the I-R, I-L or I zones of the City of
Chula Vista in accordance with the regulatory policy of the City
of Chula Vista that has been in effect since 1949.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby find and declare that those
nonconforming outdoor advertising displays or billboards as
indicated in the case of the City of Chula Vista v. National Neon,
et al., having been nonconforming for a period of at least 11
years, by the most conservation interpretation of the Chula Vista
regulations, and for more than 23 years by the reasonable and
usual interpretation of nonconformity under zoning law, should now
be abated and removed forthwith.
-1-
BE IT FURTHER RESOLVED that the City Attorney be, and he
is hereby authorized and directed to take all necessary steps to
secure said abatement and remm".' r"), c.bwi tho
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby authorized and directed to forward a certified copy of this
resolution to all parties to that lawsuit entitled "City of Chula
Vista v. National Neon, let al".
Presented and Approved as to form by
~~i~~
ADOPTED AND APPROVED
CHULA VISTA, CALIFORNIA, this
198 1 , by the following vote,
by the CITY
23rd day of
to-wit:
COUNCIL of the CITY OF
July
AYES:
Councilmen Cox, McCandliss, Scott, Hyde, Gil10w
NAYES:
Councilmen None
ABSENT:
Councilmen None
AT,.",4~htd:::
u y City Clerk
0~ ~(~
Mayor of the City of Chula Vista
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above
is a full, true and correct copy of Resolution No. 10572 , and
that the same has not been amended or repealed. DATED
City Clerk