HomeMy WebLinkAboutOrd 1985-2137 ORDINANCE NO. 2137
AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA
ADOPTING RELEVANT PORTIONS OF THE COUNTY OF SAN
DIEGO ZONING ORDINANCE FOR THE RECENTLY ANNEXED
MONTGOMERY AREA BY ADDING CHAPTER 19.70 TO THE CHULA
VISTA MUNICIPAL CODE
WHEREAS, on November 5, 1985, the voters within the
unincorporated three and one-half square mile area generally
known as Montgomery voted to annex to the City of Chula Vista, and
WHEREAS, the annexation will place the Montgomery area
within the jurisdiction of the City of Chula Vista on December
31, 1985, and
WHEREAS, On September 24, 1985, the City Council of the
City of Chula Vista adopted Resolution No. 12177 which stated the
City Council's position on the proposed Montgomery annexation, and
WHEREAS, the City Council Position Paper stated that
County zoning regulations will continue to be enforced as a CIty
ordinance while a study is conducted to determine the
relationship of existing development within the Montgomery area,
and
WHEREAS, the staff of the City of Chula Vista has
determined that County zoning for the Montgomery area is in
substantial compliance with the adopted Chula Vista General Plan.
NOW, THEREFORE, the City Council of the City of Chula
Vista hereby ordains as follows:
SECTION I: That Title 19 of the Chula Vista Municipal
Code be, and the same is hereby amended by adding Chapter 19.70
to read as follows:
CHAPTER 19.70 ZONING REGULATIONS FOR MONTGOMERY.
Sec. 19.70.010 Intent.
A. The City Council of the City of Chula Vista intends
to maintain the zoning regulations of the County of
San Diego in the Montgomery area which will be a part
of the City of Chula Vista on December 31, 1985.
· 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 Montgomery Fire Protection District. This
chapter shall only apply to the Montgomery area.
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. 19.70.020 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 to Zoning Ordinance San Diego
County as the Zoning Ordinance for the Montgomery area
as though fully set forth herein. Said ordinance is
adopted in its entirety except for Sections 1000-1019
and Part 7.
Sec. 19.70.030 Terms.
A. Wherever the phrase "Board of Supervisors" appears in
Section 19.70.020, 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
19.70.020, it shall be read as the Chula Vista
Planning Commission.
c. Wherever the phrase "Zoning Administrator" appears in
Section 19.70.020, 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 19.70.020, it shall be read as conditional
use permit.
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Sec. 19.70,040 Fees.
Notwithstanding any provisions to the contrary zn
Section 19.70,020, 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 application and variances.
Sec. 19.70,050 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 Montgomery 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 Montgomery area
to resolve these ambiguities in an administrative
process.
SECTION II: This ordinance shall take effect
immediately as an emergency ordinance in that the City Council
has declared it to be necessary to preserve the public peace,
health and safety for the following reasons:
1. This ordinance implements the stated position of the
City Council for the Montgomery area which voted on November 5,
1985 to annex to the City of Chula Vista. This ordinance will
ensure continuity in the enforcement of zoning regulations which
are adopted for the expressed purpose of preserving the public
peace, health and safety.
2. The annexation of the Montgomery area to the City of
Chula Vista is a complex administrative process. This process
involves the coordination, expansion and implementation of police
services, fire services, street maintenance, engineering
services, and building services for the area. The efficient
implementation of these services to the Montgomery area requires
an immediate statement of the zoning regulations to be in effect
on December 31, 1985 to preserve the public peace, health and
safety. The failure to have such an ordinance in effect by
December 31, 1985 will result in unnecessary confusion and
inefficiency to the detriment of the public's peace, health and
safety.
Presented by Approved as to form by
/~_~org~ ~{remp~l, D~tector Of Charles R. Gill, Assistant
· Planning City Attorney
1069a
APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, AT FIRST READING THIS 17th DAY OF December
19 85, BY THE FOLLOWING VOTE, TO-WIT:
AYES: COUNCILMEMBERS: Cox, Malcolm, Moore, Scott, McCandliss
NAYES: COUNCILMEMBERS: None
ABSTAIN: COUNCIL~LEMBERS: None
ABSENT: COUNCILMEMBERS: None
Ma ~it~ of~hula Vista
'~TES C~ty Cler~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )ss.
CITY OF CHULA VISTA )
I. JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista,
California, DO HEREBY CERTIFY that the above and foregoing is a full,
true and correct copy of ORDINANCE NO. 2137 , and that the same has
not been amended or repealed.
DATED
City Clerk
(seal)
CC-660