HomeMy WebLinkAboutOrd 1987-2235 ORDINANCE NO. 2235
AN ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING
AN INTERIM MEASURE DECLARING A MORATORIUM ON PLANNING
COMMISSION CONSIDERATION OF RESIDENTIAL TENTATIVE
SUBDIVISION MAPS WITHIN THE AREA EAST OF 1-805 AND
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.12.130
TO PROVIDE A PROCEDURE FOR ADMINISTRATIVE RELIEF FROM
MORATORIUMS
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 City Council
intends to study within a reasonable time, and
WHEREAS, the City Council on July 21, 1987 hereby
determined that in order to protect the public safety, health and
welfare it was necessary to adopt a moratorium due to the
unforeseen traffic circulation problems in the City and the
inadequacy of currently planned and existing public improvements,
and
WHEREAS, the City Council believes that it is necessary
to continue to impose this moratorium in order to more thoroughly
~omplete its studies of these issues, and
WHEREAS, an administrative procedure to provide for
relief from moratoriums where they would cause undue hardship on
a property owner may assist the City from inadvertently wtaking"
property as a result of a moratorium.
NOW, THEREFORE, the City Council of the City of Chula
Vista does hereby ordain:
SECTION I: That the moratorium is extended on Planning
Commission consideration of residential tentative subdivision
maps within the area east of 1-805 in the City of Chula Vista to
December 1, 1987, or until the Council adopts interim growth
management policy . guidelines and threshholds (developmental
service standards), and enacts interim regulations for their
implementation, whichever occurs first.
SECTION II: Section 19.12.130 of the Chula Vista
Municipal Code entitled "Interim Zoning-Procedure Generally-Time
Limit" is amended by adding the following paragraph.
Where property owner alleges that a moratorium would
cause undue hardship on his property to the extent that
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it would constitute a "taking" of property, the owner
may request a public hearing by the City Council to
determine if the property owner is entitled to relief
from the effects of the moratorium. The City Council
shall hold said public hearing within three weeks from
receipt of a written request from the property owner.
At the public hearing, the property owner shall set
forth all reasons why relief is appropriate and the City
Council may approve, conditionally approve or deny
relief from the restrictions of the interim ordinance.
SECTION III: This ordinance shall be effective from
October 13, 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
Planning of '-/Attorney ~.l ~itYL~
3120a
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
r -y OF CHULA VISTA· CALIFORNIA· HELD October 13 19 87 AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD October 13 ·
19 s7 BY THE FOLLOWING VOTE· TO-WIT:
AYES: C0~il~n: Malcolm, McCandliss, Moore, Nader
NAYES; Co~Jnc~lmen: None
ABSTAIN: Councilmen cox
None
ABSENT: Councilmen
of the f Chulo Vista
' 'E OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
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, 2235 ,and fhot the some hoe not been omendedor rapsoled.
DATED
City Clerk
OF
CHU s, VISTA
CC~660