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HomeMy WebLinkAboutOrd 1978-1784 ORDINANCE NO. 1784 . AN ORDINAIQCE OF THE CITY OF CHULA VISTA AMENDING - THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19 . 18. 010 OF THE CHULA VISTA MUNICIPAI, CODE, REZONING CERTAIN PROPERTY CONSISTING OF A PARCEL LOCATED AT 11 THIRD AVENUE IN THE CITY OF CHULA VISTA AT THE INTER- SECTION OF FOURTH AVENUE AND THE THIRD AVENUE EXTENSION ' ON THE NORTHEAST CORNER, FROM C-O TO C-C ON AN INTERIM i BASIS, AND CERTIFYING �THE NEGATIVE DECLARATION WHEREAS, the Planning Department, the Planning Commission and City Council have heretofore indicated their approval of the location of a cardroom subject to the issuance of a conditional use permit on that certain property located at 11 Third Avenue at the interesection of Fourth Avenue and the Third Avenue extension on the northeast corner, and WHEREAS, said property is presently in the C-O zone and such use, subject to a conditional use permit, is not preaently • permitted in such zone, and wHEREAS , the Planning Department is undertaking a study to determine the best approach for the utilization of conditional use permits for specified uses in specific zones and until such study has been completed, no resolution of the existing problem can be undertaken, and WHEREAS, to permit the possibility of the consideration of a conditional use permit for such use and allow the use and development of the property in a manner considered to be in the general welfare of the City, it is necessary to undertake such rezoning, and WHEREAS, a notice of the proposed negative declaration on the proposed zoning text amendment which related to the specific property considering the establishment of a cardroom at 11 Third Avenue, subject to a conditional use permit, was given in accordance with the Environmental Review Policy, and WHEREAS, the Environmental Review Committee found that the proposed zoning text amendment relating to the particular loca- tion would have no possible significant impact on the environment and forwarded Negative Declaration IS-78-37 , to the City Council of the City of Chula Vista for their consideration, and WAEREAS, said considerations are equally applicable to the rezoning of the property to allow for the issuance of a condi- tional use permit for such use if the property were rezoned to the C-C zone, and , WHEREAS, said Negative Declaration has been available to agencies having jurisdiction by law, all responsible agencies , and to 'the public for an adequate period of time for their review and comment, and WHEREAS, the information contained in said negative declaration has been considered by the City Council of the City of Chula Vista prior to its action on the discretionary item before the City Council. � - 1 - NOW, TAEREFORE, the City Council of the City of Chula Vista finds as follows : 1. That the City Council of the City of Chula Vista finds in accordance with the recommendation of the Environmental Review Committee and the attached Negative Declaration that the proposed rezoning will not have any possible significant impact on the environ- ment, and the attached Negative Declaration, incorporated herein by re£erence as if 'set forth fully, has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. 2. That the Environmental Review Coordinator is hereby authorized and directed to file said Negative Declaration with the County Clerk of the County of San Diego subsequent to the prepara- tion o£ a notice of determination on this project. The City Council of the City of Chula Vista does ordain as follows: SECTION I : That the Zoning Map or Maps established by Section 19. 18.010 of the Chula Vista Municipal Code be hereby amended by adding thereto the following zoning changes : That that certain property consisting of a parcel located at 11 Third Avenue at the intersection of Fourth Avenue and the Third Avenue Extension on the northeast corner in the City of Chula Vista be,' and the same is hereby rezoned from C-O to C-C, pursuant to the provisions set forth in Section 19. 12 . 020 governing the rezoning of property.- SF.CTION II: That any and all ordinances heretofore adopted by the City Council of the City of Chula Vista concerning zoning of said property be, and the same are hereby rescinded insofar as the provisions therein conflict with this ordinance. SECTION III : This ordinance shall become e£fective upon its first reading and adoption if passed by at least £our (4) affirmative votes of the City Council as an interim ordinance and an emergency measure. Presented and Approved as to form by � " ` � George D. � Lindberg, City Attorney - 2 - �� x� ADOPTED AND APPROVED B`f THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this lOth dpy pf_ Januarv 197 $ , by fhe following vote, to—wit: • AYES� CounCilmen Hyde , Scott , Egdahl , Hobel Cox NAYES� � Councilmen None - ABSTAIN: Councilmen ��ne ABSENT: Councilmen vone � � � � ��"'�'!/`� Mayor of the City of ula Vista ATTEST City lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY ihat ihe above and foregoing is a full, true and correct copy of ,and that the same has nof been amended or repealed. DATED (seal) City Clerk CC-660 �� ��