HomeMy WebLinkAboutOrd 1997-2708ORDINANCE NO. 2708
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTIONS 19.64.150 AND 19.64.155 OF THE
CHULA VISTA MUNICIPAL CODE TO ELIMINATE DAMAGE
PERCENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION
OF NONCONFORMING RESIDENTIAL UNITS WITHIN THE CITY
OF CHULA VISTA.
WHEREAS, the current Zoning Ordinance allows residential units which are
nonconforming due to current zoning and/or density to be reconstructed only if 60% or less
of the value of the building is damaged/destroyed (except condominium units which are
100%); and
WHEREAS, the City Council requested staff to investigate the current restrictions
governing the reconstruction of nonconforming residential units; and
WHEREAS, the City has initiated a request to amend the Municipal Code to residential
units which are nonconforming due to current zoning and/or density to be reconstructed if
100% destroyed if outside of a industrial zoned property; and
WHEREAS, the Environmental Review Coordinator has determined that, as a procedural
amendment, the project is exempt from the California Environmental Quality Act, (CEQA)
under the General Rule Exemption Section 15061 (b)(3); and
WHEREAS, the provisions as set forth in this Ordinance shall not apply to properties
containing an industrial zoned designation; and
WHEREAS, on April 9, 1997, the City Planning Commission voted 6-0-1 to recommend
that the City Council approve the Ordinance in accordance with Resolution PCA 97-03; and
WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code
amendment application and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and its mailing to property
owners within 500 feet of the exterior boundaries of the property at least ten days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely March
22, 1997 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council
and said hearing was thereafter closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby amend
Section 19.64.150 and 19.64.155 of the Chula Vista Municipal Code to read:
19.64. 150 Non-residential structures -Replacement restrictions.
Any non-residential noncont~,rming building damaged more than sixty percent of it value, as established by the
director of building and housing, at the time of damage by fire, flood, explosion, wind, earthquake, war, riot, or
other calamity or act of God, shall not be restored or reconstructed and used as betbre such happening; but if less
Ordinance 2708
Page 2
than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated
within six months and be substantiaIly completed within twelve months of such beginning.
Section 19.64.155 Residential - Replacement Permitted
Any residential unit which was legally constructed and is nonconforming with respect to the current zoning and/or
density of the property shall be allowed to be reconstructed in the event of any damage or destruction of the existing
residential improvements as defined in Section 19.64.150, provided such be initiated within six months and be
substantially completed within twelve months of such happening. This allowance shall not apply to industrial zoned
properties. Said reconstrnction shall meet all application applicable code requirements in place at the time of
reconstruction and shall not be built beyond the existing building tbotprint.
Presented by
Robert A. Leiter
Director of Planning
Approved as to form by
J M. Kaheny ~
Y
Ordinance 2708
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of May, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
ATTEST:
~Authelet, City Clerk
/J~s l~y Horton,2'~ayor
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2708 had its first reading at a regular meeting held on the 6th
day of May, 1997 and its second reading and adoption at a regular meeting of said City
Council held on the 13th day of May, 1997.
Executed this 13th day of May, 1997.
~Authelet, City Clerk