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HomeMy WebLinkAboutOrd 1987-2237 ORDINANCE NO. 2237 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 19.26.040 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO SMALL FAMILY DAY CARE CENTERS IN SINGLE FAMILY DWELLINGS The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 19.26.040 of the Chula Vista Muncipal Code be, and the same is hereby amended to read as follows: Sec. 19.26.040 Conditional Uses. Site plan and architectural approval as provided in Sections 19.14.420 through 19.14.480 shall be required for the following conditional uses in the R-2 zone: A. Off-street parking areas, subject to the provisions of Chapter 19.62; B. Electrical substations and gas regulators, subject to the provisions of Section 19.58.140; C.Unclassified uses, see Chapter 19.54; D. Small family day care homes, as defined in Section 19.04.095, if not operating within a single family dwelling. SECTION II: This ordinance shall take and be in full force and effect on the thirty-first day from and after its adoption. Presented and Approved as to form by Ann Moore, Deputy City Attorney 3312a FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C' OF CHULA VISTA· CALIFORNIA· HELD October 27 . 19 87 AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD November 3 · 19 87 , BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen McCandl i ss, Mal colre. Nader. Moore. Cox NAYES: Councilmen No n e ABSTAIN: Councilmen None ABSENT: Councilmen No n e /vZ~mr~City/~jf Chule Visto Sly,, E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visfo, Colifornio, DO HEREBY CERTIFY that the obove ond foregoing is o full, true ond correct copy of 2237 ,ond thor the some hos not been oreended or repeoled. DATED City Clerk oF Cl-IULA VIS"I'A CC-660 RESOLUTION NO. PCA-88-2 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO SECTION 19.26.040D OF THE MUNICIPAL CODE TO ALLOW SMALL FAMILY DAY CARE IN SINGLE FAMILY DWELLINGS IN THE R-2 ZONE WHEREAS, State law prohibits distinguishing small family day care homes from other single family dwellings, and Section 19.26.040D presently requires a conditional use permit for small family day care i n single family dwellings otherwise permitted by right in the R-2 zone; WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., October 14, 1987, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the proposal is exempt from environmental review. NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, THE PLANNING COMMISSION recommends the adoption of an amendment to Title 19 of the Municipal Code as follows: CHAPTER 19.26 R-2 ONE AND TWO FAMILY RESIDENCE ZONE 19.26.040 Conditional Uses D. Small family day care homes, as defined in Section 19.04.095, if not operating within a single family dwelling. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 14th day of October, 1987, by the following vote, to-wit: AYES: Commissioners Carson, Casillas, Fuller, Shipe, and Grasser ~IOES: None ABSENT: Commissioners Cannon and Tugenberg (excused) jbanne E. Carson, Chairman ATTEST: ~ Ruth M. Smith, Secretary WPC 4419P/1595P