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HomeMy WebLinkAboutOrd 1987-2193ORDINANCE NO. 2193 AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CERTAIN PORTIONS OF SECTION 19.12.110 OF THE CHULA VISTA MUNICIPAL CODE WHICH REQUIRE A CITY COUNCIL OVERRIDE OF A PLANNING COMMISSION DENIAL TO FIRST BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 19.12.110 of Chapter 19.12 is hereby amended to read as follows: Sec. 19.12.110 Commission-Denial actions-Appeal procedure. If an application for change or reclassification or adoption or amendment of the comprehensive zoning law is denied by the commission, the applicant or interested party may, within ten days of the date of the mailing of the notification of denial, appeal to the city council by written notice of appeal filed with the city clerk. Such appeal shall be filed in duplicate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare or good zoning practice require such change or reclassification. Upon receipt of such appeal, the city clerk shall set the matter for hearing in the manner prescribed herein, and shall forward the findings of fact of the planning commission to the city council. The city coucil may, after the public hearing and consideration of the matter, affirm the action of the planning commission or may grant the appeal or a modification thereof by the affirmative vote of not less than a majority of its total membership. ~ / /qh/~ / ~X f X ~ X ~/ /c/f/ / ~/ /~c/~e/d~ / ~ f ~X ~M~ / /c/~ / ~ ~XM~//d~f~/~/~M~//~dd~d~/~/~M~II F~X~t~//~f//~/~~/~/~//t~tf//~X~M~M f~tf~//~/~f~t/~/t~f~t~t~//~/~//~/~/~ ~t~//~f//~//~~/~d~//d~//~//~f ~//~//~//~//~//tM~t~ft~t//~///~ SECTION II: This ordinance shall full force and effect on the thirty-first adoption. take effect and be in day from and after its Presented by / Planning 2493a Approved as to form by !,.,~h~omas J. ~r~n, City Attorney FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE 'Y OF CHULA VISTA, CALIFORNIA, HELD February lo . 19 87., AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD February 17 19 87 , BY THE FOLLOWING VOTE, TO-WIT: AYES: Councilmen: Malcolm, McCandliss, NAYES: Coundlmen: None ABSTAIN: Councilmen: None ABSENT: Councilmen: None Moore, Nader PRO TEMPORE b,~TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) DO HEREBY ORDINANCE I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, CERTIFY that the above and foregoing is o full, true and correcf copy of NO, 219s ,end fhof the some has not been amended or repealed. DATED CrlY OF CHULA VISTA CC-660 City Clerk ORDINANCE NO. 2193 AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CERTAIN PORTIONS OF SECTION 19.12.110 OF THE CHULA VISTA MUNICIPAL CODE WHICH REQUIRE A CITY COUNCIL OVERRIDE OF A PLANNING COMMISSION DENIAL TO FIRST BE REFERRED BACK TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 19.12.110 of Chapter 19.12 is hereby amended to read as follows: Sec.19.12.110 Commission-Denial actions-Appeal procedure. If an application for change or reclassification or adoption or amendment of the comprehensive zoning law is denied by the commission, the applicant or interes- ted party may, within ten days of the date of the mailing of the notification of denial, appeal to the City Council by written notice of appeal filed with the City Clerk. Such appeal shall be filed in dupli- cate and shall set forth specifically wherein the commission's findings were in error and wherein the public necessity, convenience, welfare or good zoning practice require such change or reclassification. Upon receipt of such appeal, the City Clerk shall set the matter for hearing in the manner prescribed herein, and shall forward the findings of fact of the planning commission to the City Council. The City Council may, after the public hearing and consideration of the matter, affirm the action of the planning commission or may grant the appeal or a modification thereof by the affirmative vote of not less than a majority of its total membership. SECTION II: This ordinance shall take effect and be in full force and effect on the thirty-first day from and after its adoption.