HomeMy WebLinkAboutOrd 1989-2327 (b)
ORDINANCE NO. '2327
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS 19.06.030 AND 19.07.030 OF THE CHULA
VISTA MUNICIPAL CODE REGARDING IMPLEMENTATION
OF THE GENERAL PLAN AND SPECIFIC PLANS
The City Council of the City of Chula Vista does hereby
ordain:
SECTION I: That Section 19.06.030 is hereby amended to
read as follows:
Sec. 19.06.030 General Plan - Implementation of.
The systematic implementation of the General Plan or
any General Plan element as provided in Section 65303 of
the Government Code of the state may be undertaken by
the adoption of specific plans, which shall include all
detailed regulations, conditions, programs and proposed
legislation which may be necessary or convenient for
such implementation. The General Plan may also be
implemented by the adoption of zoning ordinances which
shall in accordance with Section 65860 of the Government
Code of the state be consistent with said General Plan.
When a General Plan Amendment is adopted and existing
zoning is thereby inconsistent with the General Plan and
the developer desires to develop the property in
accordance with the existing zoning, the developer must
first submit a proposed amendment to the General Plan.
All such amendments shall be subject to public hearings
by the Planning Commission and the City Council. If the
amendment is adopted, the developer can proceed with the
normal processing of the development proposal.
Notwithstanding the above provisions, those projects
which have been substantially processed consistent with
existing zoning and which are affected by General Plan
Amendment may proceed, provided that the Zoning
Administrator issues in each case, a permit to complete
processing based upon the findings that the
effectiveness of the General Plan and the order and
amenity of the community would not be substantially
impaired by the issuance of the permit.
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Projects shall be deemed to be substantially processed
where the property owners have procured approved
tentative subdivision or parcel maps; building permits;
conditional use permits; or Design Review Committee
approvals, in furtherance of the proposed projects. The
Zoning Administrator, furthermore, may deem that
projects have been substantially processed where the
involved property owners have submitted tentative
subdivision or parcel maps or applications for design
review, but are awaiting consideration by the
appropriate City agency or official.
Appeals from the actions of the Zoning Administrator may
be filed, within ten days after the dates of said
actions, with the Planning Commission. Further appeals
to the City Council may be submitted pursuant to the
provisions of Sections 19.14.110 and 19.14.130 of the
Chula Vista Municipal Code.
SECTION II: That Section 19.07.030 is hereby amended to
read as follows:
Sec. 19.07.030 Specific plans-Zoning implementation
thereof.
A. Specific plans may be implemented through the
adoption of standard zoning ordinances, the planned
community zone, as provide in this title, or by
plan effectuation standards incorporated within the
text of an individual specific plan. The method of
implementing an individual specific plan shall be
established and expressed by its adopting
resolution and ordinance.
If the specific plan is to be implemented through
the use of standard zones, any open space uses or
other public uses so designated on the specific
plan may be allowed to be developed in a manner
logically consistent with and in conformity to
adjacent and contiguous land uses as shown on the
specific plan; provided, however, the developer
must show that such development, which must be
residential, thus allowed will not increase the
overall density of the total area incorporated into
the specific plan. Further, in no case, shall any
designated open space land or land designated for
other public use in said specific plan, be
developed for any use other than residential.
Should all adjacent and contiguous land use be
designated for uses other than residential, the
underlying land use on such open space may be
requested for development at no greater density
than that allowed in the R-E zone.
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B. If any territory subject to an adopted specific
plan is zoned P-C, the provisions of the adopted
specific plan, and may proceed with development in
accordance therewith, provided that the required
fees are paid, and the procedural and substantive
requirements of the P-C zone are met. The said
registration of concurrence shall, by operation of
law, establish the adopted specific plan as the
general development plan of the involved P-C zone.
If the property owners do not register their
concurrence with the terms and provisions of the
adopted specific plan, they may proceed with the
development of their property through the use of
standard zoning, as provided hereinabove.
C. When a Specific Plan is adopted and existing zoning
is thereby inconsistent with the Specific Plan and
the developer desires to develop the property in
accordance with the existing zoning, the developer
must first submit a proposed amendment to the
Specific Plan. All such amendments shall be
subject to public hearings by the Planning
Commission and the City Council. If the amendment
is adopted, the developer can proceed with the
normal processing of the development proposal.
Notwithstanding the above provisions, those
projects which have been substantially processed
consistent with existing zoning and which are
affected by Specific Plan may proceed, provided
that the Zoning Administrator issues in each case,
a permit to complete processing based upon the
findings that the effectiveness of the Specific
Plan and the order and amenity of the community
would not be substantially impaired by the issuance
of the permit.
Projects shall be deemed to be substantially
processed where the property owners have procured
approved tentative subdivision or parcel maps;
building permits; conditional use permits; or
Design Review Committee approvals, in furtherance
of the proposed projects. The Zoning
Administrator, furthermore, may deem that projects
have been substantially processed where the
involved property owners have submitted tentative
subdivision or parcel maps or applications for
design review, but are awaiting consideration by
the appropriate City agency or official.
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Appeals from the actions of the Zoning
Administrator may be filed, within ten days after
the dates of said actions, with the Planning
Commission. Further appeals to the City Council
may be submitted pursuant to the provisions of
Sections 19.14.110 and 19.14.130 of the Chula Vista
Municipal Code.
SECTION III: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Prese ,! and .App~/~s to form by
IT~mai J Ba'r on C'ity/Attorney
~6117a · / '
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
( / OF CHULA VISTA· CALIFORNIA· HELD August 22 , 19 g9 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September 5th ,
19 s9 , BY THE FOLLOWING VOTE· TO-WIT:
AYES: Co~Ojl~n: Cox, Malcolm, Moore, McCandliss, Nader
NAYES; Councilmen None
ABSTAIN: Councilmen None
ABSENT: Councilmen None
ATTEST 4City ' Clerk '
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, dENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Californio,
DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of
ORDINANCE N0, 2327 ,ond thot the some hoe not been omendedor repeoled.
DATED
C~Y~/ City Clerk
CC-660