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HomeMy WebLinkAboutOrd 1988-2264 ORDINANCE NO. 2264 AN ORDINANCE OF THE CITY OF CHULA VISTA PREZONING THE PROPOSED BONITA-SUNNYSIDE FIRE PROTECTION ANNEXATION AREA BY ADOPTING RELEVANT PORTIONS OF THE COUNTY OF SAN DIEGO ZONING ORDINANCE WHEREAS, on February 10, 1987, a petition was filed with LAFCO to annex 7.7 square miles of the Bonita-Sunnyside Fire Protection District to the City of Chula Vista, and WHEREAS, in addition to the dissolution of the Fire Protection District, some territory would be detached from the Spring Valley Sanitation District, and WHEREAS, prezoning of an area to be annexed is required by the City of Chula Vista, and WHEREAS, this action is exempt from environmental review under Section 15378(D) of the State CEQA Guidelines, and WHEREAS, it is staff's recommendation that County Zoning regulations continue to be enforced as the City ordinance while study is conducted to determine the relationship of existing -~evelopment within the Bonita-Sunnyside area, and WHEREAS, staff has determined that the County Zoning for the Bonita-Sunnyside area is in substantial compliance with the adopted Chula Vista General Plan, and WHEREAS, this proposed zoning would only become effective subsequent to voter approval of the annexation proposal. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: That Title 19 of the Chula Vista Municipal Code be, and the same is hereby amended by adding Chapter 19.72 to read as follows: CHAPTER 19.72 ZONING REGULATIONS FOR BONITA-SUNNYSIDE Sec. 19.72.010 Intent. A. The City Council of the City of Chula Vista intends to allow County zoning regulations to continue in effect in the Bonita-Sunnyside area while a study -1- is conducted to determine the relationship of existing development, County zoning regulations and proposed City zoning for the area. The Sweetwater Planning Committee will review these issues and make recommendations to the Planning Commission and City Council on a proposed zoning plan. This area is specifically described in the annexation maps as filed with the Local Agency Formation Commission and encompasses the area formerly served by the Bonita-Sunnyside Fire Protection District. B. In the event that conflicts arise as to the provisions of this chapter and any other provisions of the Chula Vista Municipal code, the latter shall take precedence, except as to those items specifically relating to land use regulation. C. In the event that this chapter, any section within this chapter, or any portion of any section in this chapter are held to be invalid by a court of competent jurisdiction, the remainder of this chapter shall be in full force and effect. Sec. 19.72.020 Adoption of County Zoning Regulations. For the purpose of regulating the use of land, the height of buildings, the area of lots, building sites, yard spaces and other matters relating to zoning, the City Council of the City of Chula Vista hereby adopts San Diego County Ordinance No. 5281 (New Series), commonly referred to as the "Zoning Ordinance San Diego County" as the Zoning Ordinance for the Bonita-Sunnyside area as though fully set forth herein. Said ordinance is adopted in its entirety except for Sections 1000-1019 and Part 7. Sec. 19.72.030 Terms. A. Wherever the phrase "Board of Supervisors" appears in Section 19.72.030, it shall be read as the City Council of the City of Chula Vista. B. Wherever the phrase "San Diego County Planning Commission", "Planning Commission" or "Board of Planning and Zoning Appeals" appears in Section 19.72.020, it shall be read as the Chula Vista Planning Commission. -2- C. Wherever the phrase "Zoning Administrator" appears in Section 19.72.020, it shall be read as the Zoning Administrator of the City of Chula Vista. D. Wherever the phrase "minor use permit", "administrative permit" or "major use permit" appear in Section 19.72.020, it shall be read as conditional use permit. Sec. 19.72.040 Fees. Notwithstanding any provisions to the contrary in Section 19.72.020, the Master Fee Schedule of the City of Chula Vista shall be used to determine the appropriate fee for the processing of zoning applications, land use applications and variances. Sec. 19.72.050 Duties of Zoning Administrator. The City Council of the City of Chula Vista recognizes that the adoption of the County of San Diego Zoning Ordinance for the Bonita-Sunnyside area will create ambiguities with the zoning regulations for the remainder of the City of Chula Vista. The City Council, therefore, authorizes the Zoning Administrator to use the Council's expressed intent for the Bonita-Sunnyside area to resolve these ambiguities in an administrative process. SECTION II: This ordinance shall take effect upon the date that the annexation of the area described by the Bonita Sunnyside Fire Protection District Boundaries is approved by the voters. Presented by Approved as to form by Planning 2666a -3- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE SIT F CHULA VISTA, CALIFORNIA, HELD April 19 . 19 8_!8, AND :INALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD April 26 · 19 88 · BY THE FOLLOWING VOTE, TO-WIT: s, YES: Councilmen Cox, Moore, Nader %IAYES: Counci~mel~ McCandliss ~.BSTAIN: CoL~cilmen None ~,BSENT: Councilmen Malcolm Of the Chula Vista 5'TTEST ~ ~' City Clerk ..... STA1 c OF CALIFORNIA ) SOUNTY OF SAN DIEGO ) ss. SITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, Colifornio, DO HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of ORDINANCE NO. 2264 ,and fhot the same hos not been omended or repeoled. DATED  City Clerk CITY OF CHUIA VIS'I'A CC-660