HomeMy WebLinkAboutOrd 2020-3485ORDINANCE NO. 3485
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTLAKE II PLANNED
COMMUNITY DISTRICT REGULATIONS FOR A 9.35-ACRE
SITE LOCATED SOUTH OF EASTLAKE DRIVE,
IMMEDIATELY WEST OF SR-125
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of general
description is located south of Eastlake Drive and west of SR-125 within the Eastlake community;
and
WHEREAS, on December 8, 2016, a duly verified application was filed with the City of
Chula Vista Development Services Department by Mid-City, LLC (Applicant) requesting
approval of amendments to the Eastlake II Sectional Planning Area (SPA) Plan (MPA 16-0019),
including the Planned Community (PC) District Regulations; and
WHEREAS, the project is intended to ensure that the Eastlake II SPA Plan is prepared in
accordance with the Eastlake II General Development Plan (GDP) to implement the City of Chula
Vista General Plan for Eastern Chula Vista to promote the orderly planning and long term phased
development of the Eastlake II GDP and to establish conditions, which will enable the proposed
self-storage facility to exist in harmony within the community; and
WHEREAS, the Director of Development Services has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has conducted an Initial Study,
IS16-0004 in accordance with the California Environmental Quality Act (CEQA). Based upon the
results of the Initial Study, the Director of Development Services has determined that the
implementation of the Project could result in significant effects on the environment. However,
revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the Director of
Development Services has caused the preparation of a Mitigated Negative Declaration (MND),
IS16-0004 and associated Mitigation Monitoring and Reporting Program (MMRP); and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City and its mailing to property owners within 500 feet
of the exterior boundaries of the Property at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 3-3-1 to recommend to the
City Council approval of the subject amendments; and
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WHEREAS, the City Clerk set the time and place for a hearing on the project, and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries
of the property, at least 10 days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the project.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby order and
ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing and the Minutes and Resolutions resulting therefrom are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the decision-
makers, shall comprise the entire record of the proceedings.
II. COMPLIANCE WITH CEQA
The Director of Development Services has reviewed the proposed Project for compliance with the
California Environmental Quality Act and has conducted an Initial Study, IS16-0004 in accordance
with the California Environmental Quality Act (CEQA). Based upon the results of the Initial
Study, the Director of Development Services has determined that the implementation of the Project
could result in significant effects on the environment. However, revisions to the Project made by
or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur; therefore, the Director of Development Services has caused the
preparation of a Mitigated Negative Declaration (MND), IS16-0004 and associated Mitigation
Monitoring and Reporting Program (MMRP); and
III. ACTION
The City Council hereby adopts an Ordinance approving the amendment to the Eastlake II SPA
Planned Community District Regulations as represented in Attachment 4 on file at the office of
the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay
Ranch GDP and all other applicable plans; as set forth in Resolution No. 2020-062 amending the
Eastlake II SPA Plan Amendment, and that the public necessity; convenience, general welfare and
good planning and zoning practice support their approval and implementation.
IV. SEVERABILITY
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason
held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction, that
portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
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Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
V. CONSTRUCTION
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate
or contradict, applicable state and federal law and this Ordinance shall be construed in light of that
intent.
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption.
VII. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same
to be published or posted according to law.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of April 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3485 had its first reading at a regular meeting held on the 17th day of March 2020,
and its second reading and adoption at a regular meeting of said City Council held on the 7th day
of April 2020; and was duly published in summary form in accordance with the requirements of
state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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4/16/2020
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