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HomeMy WebLinkAboutBF RPA 1998-05 RESOLUTION BF RPA No. 5 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION MAKING ITS REPORT AND RECOMMENDATION TO THE CITY COUNCIL/REDEVELOPMENT AGENCY CONCERNING THE PROPOSED REDEVELOPMENT PLAN AMENDMENT NO.. 5 FOR THE BAYFRONT REDEVELOPMENT PROJECT AND ITS CONFORMITY ' TO THE CITY'S GENERAL PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No.. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the Bayfront Redevelopment Project ("Project"), and the City Council has since amended said Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance No. 2608; and, WHEREAS, the Planning Commission did approve a Preliminary Plan on July 23, 1997, which initiated the preparation of a fifth amendment to the Redevelopment Plan for the Bayfront Redevelopment Project ("Amendment"); and, WHEREAS, Section 33346 of the California Community Redevelopment Law ("Law") provides that before the proposed Amendment is submitted to the City Council for consideration, it shall first be submitted to the Planning Commission for its report and recommendation concerning the Amendment and its conformity to the City's General Plan; and WHEREAS, Section 65402 of the Government Code provides in part: "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park, or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof... ' A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have ' been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof..."; and WHEREAS, the Planning Commission has received and reviewed the Amendment in the form attached here to as Exhibit "A"; and, WHEREAS, the Amendment, as proposed would revise the Bayfront Redevelopment Plan's land use controls, permitted uses, public uses, interim uses, and general land use controls and limitations, in a manner consistent with the General Plan as follows: Section 618 of the Amendment provides that public improvements to be undertaken by the Chula Vista Redevelopment Agency ("Agency") are identified in the General Plan (as well as the Local Coastal Plan, and the City and San Diego Unified Port BF RPA No. 5 Page 2 District's ("Port District") Capital Improvement Programsl, and incorporates said documents by reference; and Section 627 of the Amendment provides that all development, whether public or private, must conform to this Plan and all applicable federal, State, and local laws, including without limitation the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 628 of the Amendment provides that all real property sold, leased or conveyed by the Agency, as well as property subject to Owner Participation Agreements ` between the Agency and property owners, shall be made subject to the provisions of the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 701 of the Amendment provides that the land uses permitted by this Plan shall be those permitted by the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 703 of the Amendment provides that the street system in the Bayfront Redevelopment Project Area ("Project Area") shall be developed in accordance with the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal , Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 706 of the Amendment provides that any interim uses shall conform to the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and ; Section 707 of the Amendment provides that no real property shall be developed, redeveloped, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the goals and provisions of this Plan and the regulations and requirements of the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other ' state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 707 of the Amendment also provides that the type, size, height, number, and use of buildings in the Project Area will be controlled by the General Plan, Title 19 of the Chula Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended; and Section 710 of the Amendment provides that the number of dwelling units in the Project Area shall be regulated by the General Plan and the Port District's Master Plan; and Section 71 1 of the Amendment provides that the amount of open space in the Project Area is to be the areas so designated by the General Plan, Title 19 of the Chula BF RPA No. 5 Page 3 Vista Municipal Code, Local Coastal Program, Port District's Master Plan, and all other state and local building codes, guidelines, or specific plans as they now exist or are hereafter amended. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission hereby: Reports, finds, and determines that the Amendment No. 5 to the Bayfront Redevelopment Plan conforms to the General Plan. Recommends that the City Council and Agency adopt the Amendment. Finds and determines, pursuant to Section 65402 of the Government Code, that the location, purpose and extent of any acquisition or disposition of real property for street, square, park, or other public purpose by the Agency for the purpose of carrying out the Redevelopment Plan conforms to the General Plan of the City Authorizes and directs the officers, employees, staff, consultants and attorneys for the Planning Commission to take any and all actions that may be necessary to effectuate the purposes of this resolution or which are appropriate or desirable in the circumstances. In the event that prior to the adoption of the Amendment, the Agency or City Council desire to make any minor, technical, or clarifying changes I to the Amendment, the Planning Commission hereby finds and determines that any such minor, technical, or clarifying changes need not be referred to it for further j report and recommendation, This Resolution shall constitute the report and recommendation of the Planning Commission on the Amended Redevelopment Plan to the Agency and City Council pursuant to Section 33346 of the Law. PASSED AND APPROVED BY THE CITY OF CHULA VISTA PLANNING COMMISSION this 27thday of May 1998 by the following vote to-wit. AYES: Chair Davis, Commissioners Aguilar, Willett, Tarantino, Thomas, and O'Neill NOES: ABSENT: ABSTENTIONS: Commissioner Ray Chairperson I `y~~-A-~'` ~ -its d G~ Secretary H:\Home\CommDev\RDAmend\BYreso cc