HomeMy WebLinkAboutOrd 1996-2659 ORDINANCE NO. 2659 NOT APPROVED
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
AMENDING SECTION 19.54.020 OF THE CHULA VISTA
MUNICIPAL CODE AND ADDING SECTION 19.04.197 IN ORDER
TO MODIFY THE UNCLASSIFIED USES REGULATIONS TO
ALLOW RESIDENTIAL CARE FACILITIES IN RESIDENTIAL ZONES
AS A MATTER OF RIGHT.
WHEREAS, the term 'Residential Care Facility' is not defined in the Municipal code, and
WHEREAS, such facilities have been considered to be nursing homes, an Unclassified
Use, and
WHEREAS, the Municipal Code requires that a Conditional Use Permit be obtained to
establish a nursing home or other Unclassified Use, and
WHEREAS, the Federal Government has maintained that, when such facilities are for
the accommodation of members of a protected class as defined in Federal Fair Housing Law,
it is a violation of such law to subject the facilities to closer scrutiny than other residential
uses would receive, and
WHEREAS, the City has initiated a request to amend the Municipal Code to define
Residential Care Facilities and to permit them as a matter of right in residential zones, and
WHEREAS, on * */* */* * the Planning Commission voted *-* to adopt Resolution No.
PCA-96-04 and thereby recommend that the City Council enact the proposed amendments
to the Municipal code, and
WHEREAS, the City Clerk set the time and place for a hearing on said application 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 10 days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised, namely * */* */* *
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 the public necessity, convenience, general welfare and good zoning
practice justified the amendment and that the amendment is consistent with the City of Chula
Vista General Plan.
SECTION II: That Section 19.54.020 is amended to read as follows:
19.54.020 Designated - Limitations and standards.
The following uses may be considered for location in any zone, subject
Ordinance 2659
Page 2
to the provisions set forth herein, and additional conditions set forth in
Chapter 19.58 (references indicated for uses):
A. Borrow pits and quarries for rock, sand and gravel;
B. Campgrounds: See Section 19.58.040;
C. Cemeteries: See Section 19.58.080;
D. Colleges, universities, private schools, elementary and secondary
public schools;
E. Columbariums, crematoriums and mausoleums, provided that
these uses are specifically excluded from all R zones unless
inside a cemetery: See Section 19.58.080;
F. Churches: See Sections 19.58.110;
G. Dumps, public or private;
H. Hospitals, included, but not limited to emergency, general,
convalescent ~!~!i.::~!~ rest homes, nursing homes ~fcr
pc';chSGtrSc, etc.: See Section 19.58.11
finding: c:~ b: mcdc (home: for mc~t=~' rctcrdcd
2. Thc n .............. cpcn
Ordinance 2659
Page 3
...... ~"^ cf thccs ~' ....
SECTION Ill: That Section 19.04.197 is added as follows:
SECTION IV: This Ordinance shall take effect and be in full force and effect on the thirtieth
day from and after its adoption.
Presented by Approved as to form by
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
Ordinance 2659
Page 4
NOT APPROVED by the City Council of the City of Chula Vista, California, this 19th
day of February 6, 1996.
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Shirley Horton, Mayor
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. 2659 was considered at the regular meeting held on the 6th day
of February, 1996. It was not approved.