HomeMy WebLinkAboutOrd 1990-2366 ORDINANCE NO. 2366
AN ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING THE
NONCONFORMING SIGN AMORTIZATION PERIOD
WHEREAS, Section 19.60.110 of the Chula Vista Municipal Code, as amended
by Ordinance No. 1575, adopted November 5, 1974, established a 15-year
amortization/abatement period for on-site nonconforming signs, and
WHEREAS, said amortization/abatement period has expired, and
WHEREAS, at its public hearing of January 9, 1990, the City Council
considered the issues associated with the aforementioned 15-year
amortization/abatement period and received public testimony relative thereto,
and
WHEREAS, the City Council found that it would be in the public interest to
extend the aforementioned amortization/abatement period to December 31, 1990,
and establish a procedure whereby an additional 12-month extension could be
granted for cases of undue hardship.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I. Those nonconforming on-site signs subject to immediate
removal and abatement after December 5, 1989, under the provisions of Section
19.60.110 of the Chula Vista Municipal Code shall be accepted as conforming
signs until December 31, 1990, and shall thereafter be subject to immediate
abatement and removal, except as provided in Section II hereof.
SECTION II. In cases of undue hardship, the Zoning Administrator
is authorized to grant an extension of the on-site nonconforming sign
abatement date for a period of not to exceed 12 months, and not extending
beyond December 31, 1991.
Undue hardship, as used in this section, is meant to include those
situations where the ownership of a nonconforming sign has changed after
December 5, 1974, the subsequent owner was not apprised of the nonconforming
status of the sign in question, and for this reason the subsequent owner is
faced with a demonstrated difficulty in meeting the nonconforming sign
abatement date. The Zoning Administrator may also grant a time extension for
bona fide reasons of undue hardship based upon the facts of the individual
case.
SECTION III. An application for an extension of the nonconforming sign
abatement date shall be made by the owner of a non-conforming sign, or his
authorized agent, on a form prescribed by the City. Said application, which
shall include a sign design, must be filed with the City prior to August 31,
1990. Applications will not be accepted by the City after this date. The
Zoning Administrator shall not approve an application for an extension of the
nonconforming sign abatement date until the applicant has filed an approved
sign plan with the City of Chula Vista Planning Department.
Ordinance No. 2366
Page 2
SECTION IV. The applicant for a time extension filed under the
provisions of this ordinance, or other interested party, may appeal the
decision of the Zoning Administrator in accordance with Section 19.14.240 of
the Municipal Code, following the same procedure specified for filing a
variance appeal. Section 19.14.240 notwithstandin9, the Planning Commission's
decision on the appeal shall be final.
SECTION V. This ordinance shall take effect and be in full force
on the thirtieth day from and after its adoption.
SECTION VI. This ordinance shall be a non-codified ordinance kept
on file in the office of the City Clerk of the City of Chula Vista.
Presented by Approved as to form by
Ordinance No. 2366
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 17th day of April, 1990, by the following vote:
AYES: Councilmembers: Malcolm, McCandliss, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: Moore, Nader
ABSTAIN: Councilmembers: None
Gre~. C~x, Mayor
ATTEST:
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. 2366 had its first reading on
April lO, 1990, and its second reading and adoption at a regular meeting of
said City Council held on the 17th day of April, 1990.
Executed this 17th day of April, 1990.
Bever/~.~theiet~