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HomeMy WebLinkAboutOrd 1987-2225 ORDINANCE NO. 2225 AN INTERIM URGENCY ORDINANCE AMENDING SECTION 19.60.360 OF THE CHULA VISTA MUNICIPAL CODE TO EXEMPT SERVICE STATIONS LOCATED ALONG SCENIC ROUTES FROM STATE REGULATIONS WHICH REQUIRE THAT ADVERTISING MEDIUMS SHALL BE CLEARLY VISIBLE FROM THE STREET OR HIGHWAYS ADJACENT TO THE PREMISES WHEREAS, the Environmental Review Coordinator has determined that this proposed urgency ordinance is exempt from environmental review under Section 4.3 (Class II) of the Environmental Review Procedures of the City of Chula Vista, and WHEREAS, Section 19.12.130 of the Chula Vista Municipal Code authorizes the City Council to adopt as an urgency measure an interim ordinance prohibiting any use which may in conflict with a contemplated zoning proposal which the Planning Department intends to study within a reasonable study, and WHEREAS, Business and Professions Code Section 13531 generally requires that service stations advertise the prices of their gasoline on advertising medium clearly visible from the street or highway adjacent to the premises, and WHEREAS, state or county officers on behalf of the state have cited the Shell service station on "H" Street in the Terra Nova Plaza for not having the required signs, and WHEREAS, if the Shell Oil service station complies with the citation and requirement of state law, it will be required to place signs along a designated scenic corridor, and WHEREAS, pursuant to Business and Professions Code Section 13531(b), the City Council may by ordinance exempt specified geographic areas from the provisions of the section described above if the specified geographic areas are designated on the local General Plan as scenic corridors or historic preservation areas pursuant to Government Code Section 65300 et seq., and WHEREAS, the Planning Department is contemplating an amendment to the Zoning Ordinance which will effectuate Business and Professions Code Section 13531(b), and -1- WHEREAS, it is necessary that the ordinance be adopted as an emergency measure for preserving the public peace, health and safety and general welfare because of threatened state prosecution of the Shell service station and other service stations adjacent to scenic corridors or historic preservation areas designated as such in the General Plan. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION I: The City Council finds that there is a current and immediate threat to the public peace, health, safety and general welfare in that compliance with the state law in the absence of an ordinance providing an exception thereto will result in the placement of advertising signs on scenic corridors or historic preservation areas. SECTION II: Section 19.60.360 of the Chula Vista Municipal Code is hereby amended to read as follows: 19.60.360 Service station price signs. One service station price sign on each street frontage shall be allowed subject to the following: A. The maximum sign area shall be fifteen square feet, and the sign shall not exceed five feet in any dimension. Such sign shall not be in conflict with the provisions of the city's traffic code relating to visual clearance. The sign shall be used to advertise gasoline prices only and shall be posted with the correct prices at all times. The signs shall be designed as a permanent structure, rigidly attached to a building, wall, or adequately anchored in the ground to resist wind pressure as specified in Title 15 in the currently adopted Uniform Building Code. A freestanding structure shall be architecturally compatible with the building and shall not exceed a maximum height of six feet. B. A sign may be attached to a freestanding sign if designed to be architecturally part of the sign. C. Price signs may be displayed on the main body of a pole sign but shall not exceed twenty-five percent of the main sign area or fifteen square feet, whichever is the least amount. D. Notwithstanding the above provisions, no price signs otherwise required by the provisions of Business and Professions Code Section 13531 shall be placed along the following areas which have been designated on the City's General Plan as scenic corridors or historic preservation area: That area along East "H" Street between its intersection with Interstate 805 and its intersection with Ridgeback Road. SECTION III: This ordinance shall become effective upon its first reading and adoption if passed by at least four (4) affirmative votes of the City Council as an interim ordinance and an urgency measure. Presented by Approved as to form by G em tor of Thomas J. Harron, C rney Planning 3214a FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE 'Y OF CHULA VISTA· CALIFORNIA· HELD August 2S 19 87 AND , · FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD August 25 , ]9 87 , BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen: MnnrP, Mr(]~ndli~. Cnx, N~HpT NAYES: Councilmen: None None ABSTAIN: Councilmen: ABSENT: Councilmen: MalcoZm ~the/~ity o{o~Ehulo Vista ATTEST ~ ~' ~ Clerk , '.. ,rE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of ORDINANCE NO, 2225 ,end thot the some hoe not been omendedor repeoled. DATED  City Clerk CrlY OF CHUIA VISYA CC-660 EXHIBIT 19.60.360 Service station price signs. One service station price sign on each street frontage shall be all owed subject to the following: A. The maximum sign area shall be fifteen square feet, and the sign shall not exceed five feet in any dimension. Such sign shall not be in conflict with the provisions of the city's traffic code relating to visual clearance. The sign shall be used to advertise gasoline prices only and shall be posted with the correct prices at all times. The signs shall be designed as a permanent structure, rigidly attached to a building, wall, or adequately anchored in the ground to resist wind pressure as specified in Title 15 in the currently adopted Uniform Building Code. A freestanding structure shall be architecturally compatible with the building and shall not exceed a maximum height of six feet. B. A sign may be attached to a freestanding sign if designed to be architecturally part of the sign. C. Price signs may be displayed on the main body of a pole sign but shall not exceed twenty-five percent of the main sign area or fifteen square feet, whichever is the least amount. D. Notwithstanding the above provisions, no price signs othe~ise required by ' the provisions of Business and Professions Code Section 13531 shall be placed along the following areas which have been designated on the City's General Plan as scenic corridors or historic preservation area: That area along East "H" Street between its intersection with Interstate 805 and its intersection with Ridgeback Road. (Ord. 1575 5 1 (part), 1974: Ord. 1356 5 1 (part), 1971: Ord. 1212 i 1 (part), 1969: prior code I 33.950(G)(10).) V/PC 41 95P g