HomeMy WebLinkAboutOrd 1998-2760ORDINANCE NO. 2760
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
TITLE 19 OF THE MUNICIPAL CODE TO MODIFY SECTION
19.64.150 AND ADD SECTION 19.64.190 RELATING TO
RECONSTRUCTION OF NON-CONFORMING NON-RESIDENTIAL
STRUCTURES WITHIN THE CITY OF CHULA VISTA.
WHEREAS, the current Zoning Ordinance allows non-residential units which are
nonconforming due to current zoning to be reconstructed only if sixty percent or less of the
value of the building is damaged/destroyed; and
WHEREAS, an application was submitted requesting staff to investigate the possibility
of allowing the issuance of a permit to allow reconstruction of said structures in the event of
one hundred percent destruction; and
WHEREAS, a previous amendment was adopted allowing non-conforming residential
units to be reconstruction in the event of one hundred percent destruction (if outside the
industrially zoned areas); and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendment and notice of said hearing, together with its purpose, was given by its publication
in the "Star-News," a newspaper of general circulation in the city, at least ten days prior to
the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
September 23, 1998, at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed; and
WHEREAS, the Environmental Review Coordinator has determined that this Ordinance
amendment is exempt from CEQA under the general rule exemption Section 15061 (b)(3).
NOW THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: That Section 19.64.150 of the Chula Vista Municipal Code is hereby
amended to read as follows:
9.64.150. Non-residential structures-Replacement restrictions
Any non-residential nonconforming building damage more than sixty percent of its
value, as established by the director of planning and building, at the time of damage by fire,
explosion, wind, earthquake, war, riot, or other calamity or act of God, shall not be restored
or reconstructed and used before such happening; but if less than sixty percent damaged, it
may be restored, reconstructed or used as before, provided that such be initiated within six
months and be substantially completed within twelve months of such beginning. The
aforementioned provision shall be superseded to allow for reconstruction if one hundred
percent destroyed, if a reconstruction permit is obtained prior to or within twelve months
following destruction of said non-residential nonconforming structure as allowed by Section
19.64.190.
Ordinance 2760
Page 2
SECTION Ih That Section 19.64.190 is hereby added to the Chula Vista Municipal
Code to read as follows:
19.64.190. Reconstruction Permits
A Reconstruction Permit may be approved to allow for the reconstruction of a non-
residential non-conforming structure in the event that such building has been damaged or
destroyed by fire, explosion, or act of God. Said permit shall allow for reconstruction
consistent with the original configuration of the building with the exception that no
reconstruction can take place with the City's current right-of-way. The Zoning Administrator,
in accordance with Municipal Code Section 19.14.180 and following a noticed public hearing,
may approve a reconstruction permit based upon the following findings:
A. The nonconformity of the building was not caused by any action of the building owner.
The granting of the reconstruction permit will not cause the reconstruction of a
building, with a non-conformity which is or will be materially detrimental or injurious
to the neighborhood or public welfare based upon factors including but not limited to
parking, traffic, noise, and incompatible land uses in the immediate surrounding area.
C. The reconstruction does not exceed the existing non-conformity.
There are specific site constraints affecting the property which would make
conformance with current zoning regulations an undue hardship and burden on the
property owner. Such site constraints include but are not limited to factors such as
minimal street frontage or limited vehicular access to the site.
The non-conformity allowed by the permit shall only apply to its current use. Said
reconstruction permit shall be conditioned in that any new construction must meet
current building and fire codes and not be permitted within the City right of way. The
director of planning and building may waive certain other current development
standards including building setbacks and landscaping regulations based upon hardship
and upon the finding they will not cause a detrimental impact to the surrounding area.
SECTION IIh This ordinance shall take effect and be in full force on the thirtieth day
after its second reading and adoption.
Presented by
Approved as to form by
Robert A. Leiter
Planning Director
J M Kaheny ~
,' ey
Ordinance 2760
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13'h day of October, 1998, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Moot, Padilia, Rindone, Salas and Horton
None
None
None
ATTEST:
Shirley Ho~yor
~uth;let, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Ordinance No. 2760 had its first reading at a regular meeting held on the 6th day of
October, 1998, and its second reading and adoption at a regular meeting of said City Council
held on the 13th day of October, 1998.
Executed this 13th day of October, 1998.
Beverly A. T~uuthelet, City Clerk