HomeMy WebLinkAboutOrd 1995-2642 ORDINANCE NO. 2642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SECTION 19.68.020 T.1, TITLE 19
OF THE MUNICIPAL CODE TO CLARIFY THAT NOISE
NORMALLY ASSOCIATED WITH A CONDITIONALLY
PERMITTED LAND USE IS TO BE CONSIDERED THE SAME AS
NOISE NORMALLY ASSOCIATED WITH A PERMITTED LAND
USE
WHEREAS, Bittedin Brice Development Partners, Agents for MCA Concerts, Inc., has
submitted a request to amend the Municipal Code in order to clarify that noise normally
associated with a conditionally permitted land use is to be considered the same as noise
normally associated with a permitted land use, i.e., environmental rather than nuisance noise
under the definition of Section 19.68.020 T. 1, Noise Disturbance -- Environmental; and
WHEREAS, the Municipal Code could be considered ambiguous as related to noise
produced by conditionally permitted land uses; and
WHEREAS, the Environmental Review Coordinator has concluded that the amendment
is exempt pursuant to Section 15061 (b)(3) of the California Environmental Quality Act; and
WHEREAS, on September 6, 1995 the Planning Commission voted 6-0 to recommend
that the City Council adopt the amendment to the Municipal Code in accordance with
Resolution No. PCA-96-01; and
WHEREAS, the City Clerk 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 hearings were held at the time and place as advertised, namely
September 26, 1995, October 3, 1995, and November 7, 1995 at 6:00 p.m. in the Council
Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter
closed.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine and ordain as follows:
SECTION h That there are no potential significant environmental impacts associated
with the amendment.
SECTION Ih That the public necessity, convenience, general welfare, and good zoning
practice justify the amendment, and that the amendment is consistent with the City of Chula
Vista General Plan.
SECTION llh That Section 19.68.020 T.1, Title 19 of the Municipal Code is hereby
amended to read as follows:
Ordinance 2642
Page 2
"Noise Disturbance--Environmental. Those noise disturbances resulting from
land use activity normally permitted under the City's land use code or permitted
by a conditional use permit issued by the City, but which exceed the noise level
limits set by this code for that particular land use. Environmental noise sources
are specified in, but not limited by the list in Appendix A."
SECTION IV: This Ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its second reading and adopt'~~
Presented by A d as to m b
Robert A. Leiter Bruce M. Boogaard
Planning Director City Attorney
Ordinance 2642
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of November, 1995, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirl~!/H~rton, jVlayor
ATTEST:
Beverly A./Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Ordinance No. 2642 had its first reading at a regular meeting held on the 7th
day of November, 1995 and its second reading and adoption at a regular meeting of said City
Council held on the 14th day of November, 1995.
Executed this 14th day of November, 1995.
Beverly A./Authelet, City Clerk