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HomeMy WebLinkAboutOrd 1987-2229 Revised 9/4/87 ORDINANCE NO. 2229 AN INTERIM URGENCY ORDINANCE OF THE CITY OF CHULA VISTA TO PROHIBIT THE ESTABLISHMENT OF CARDROOMS WITHIN THE MONTGOMERY ANNEXATION AREA PENDING ADOPTION OF THE MONTGOMERY SPECIFIC PLAN- PCM 88-9 WHEREAS, the Environmental Review Coordinator has determined that this proposed urgency ordinance is exempt from environmental review under Section 4.3 (Class 5(f)) 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 be in conflict with a contemplated zoning proposal which the Planning Department intends to study within a reasonable time, and WHEREAS, the County's Zoning Ordinance is temporarily applicable in the Montgomery annexation area pending adoption of the Montgomery Specific Plan, which Plan will address, among other things, permitted uses and conditional uses in a general or heavy commercial zone, and WHEREAS, the current provisions of the County's Zoning Ordinance allow location of a cardroom in a general or heavy commercial zone without application for a conditional use permit which application would provide the opportunity for adequate review of the proposed site or placement of appropriate conditions of approval by staff, as well as opportunity for review and comment by the surrounding property owners and the public in general, and WHEREAS, without appropriate review and/or placement of appropriate conditions, a cardroom could be located within the Montgomery annexation area, which would create substantial conflicts with adjacent commercial uses and inappropriate or dangerous amount or designs of on site parking. 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 the absence of adequate review and/or placement of conditions on the location of cardrooms in the Montgomery annexation area could result in conflicts with adjacent commercial and residential uses and the installation of 'nsufficient or dangerous amounts and designs of on site parking. -1- SECTION II: There shall be a moratorium on the establishment of cardrooms within the Montgomery annexation area for a period of ninety (90) days excepting therefrom establishment of a cardroom following application of all the procedures and standards for a conditional use permit. SECTION III: This ordinance shall be effective from September 1, 1987, 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 emergency measure. Presented by Approved as to form by mp lr c or of D. stant .~lanning City Attorney 3271a -2- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE r 'Y OF CHULA VISTA· CALIFORNIA· HELD September . 19 87 · AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September 1 · 19 87 · BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilrnen', McCandliss, Cox, Moore, Nader, Malcolm NAYES: Councilmen: None ABSTAIN: Cxx~cilmen: None ABSENT: Councilmen: None /~s~the C~*d,/of~Chula Vista ~ /E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of ORDZNANCE NO, 2229 ,ond thor the some hoe not been omendedor repeoled. DATED  City Clerk cnY OF CHUIA VIg'A CC-660