HomeMy WebLinkAboutOrd 1997-2715ORDINANCE NO. 2715
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.34,030 OF THE CHULA
VISTA MUNICIPAL CODE TO ALLOW DRIVE-THROUGH
RESTAURANTS IN THE C-N NEIGHBORHOOD COMMERCIAL
ZONE SUBJECT TO APPROVAL OF A CONDITIONAL USE
PERMIT
WHEREAS, the C-N Neighborhood Commercial zone does not presently allow for drive-
through restaurants as a permitted or conditional use; and
WHEREAS, Kelton Title Corporation has submitted a request to amend the Municipal
Code to allow for drive-through restaurants in the C-N zone upon the issuance of a conditional
use permit; and
WHEREAS, drive-through restaurants can be considered a use which provides a
convenient service for residents of the surrounding neighborhood, and the conditional use
permit process ensures the evaluation of such proposals on a case-by-case basis to ensure
compatibility with the surrounding neighborhood; and
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-98-
09, of potential environmental impact associated with the proposal and has concluded that
there would be no significant environmental impacts, and recommends adoption of the
Negative Declaration issued on IS-92-12; and
WHEREAS, on November 5, 1997 the Planning Commission voted unanimously (5-0)
to recommend that the City Council enact the amendment in accordance with its Resolution
PCA-98-04; and
WHEREAS, the City Clerk set the time and place for a hearing on said amendments to
the Municipal Code, and notice of said hearing together with its purpose was given by its
publication in a newspaper of general circulation in the City at least 20 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely November
t 8, 1997 at 6:00 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 find,
determine, and ordain as follows:
SECTION h That there will be no significant impacts resulting from the project, and
does hereby adopt the Negative Declaration issued on IS-98-09.
SECTION II: Thatthepublicnecessity, convenience, generalwelfare, and good zoning
practice justify the amendment, and that the amendment is consistent with the General Plan
of the City.
Ordinance 2715
Page 2
SECTION IIh That Section 19.34.030 of the Chula Vista Municipal Code is hereby
amended to add Subsection J to read as follows:
Sec. 19.34.030 Conditional Uses.
J. Drive-through restaurants, those fast food facilities offering drive-through lanes
in which food is both ordered and picked up from the vehicle, and taken off-site for
consumption; but not including "drive-in" restaurants, those at which food is ordered from and
consumed in the parked car on the premises.
SECTION IV: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of November, 1997.
Presented by
Manning Director
Approved as to form by
Ordinance 2715
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of November, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
ATTEST:
Beverly~A. AGthelet, City Clerk
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. 2715 had its first reading at a regular meeting held on the 18th
day of November, 1997 and its second reading and adoption at a regular meeting of said City
Council held on the 25th day of November, 1997.
Executed this 25th day of November, 1997.
~Authelet, City Clerk