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Home My WebLink AboutOrd 2003-2925 ORDINANCE NO. 2925 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT MAP I. RECITALS A. Project Site WHEREAS the area of land, which is the subject of this ordinance is diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for the purpose of general description herein consists of 9.3 acres known as Village Center East, and located at the northeast comer of Olympic Parkway and EastLake Parkway within the EastLake Planned Ccmmunity ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS a duly verified application was filed with the City of Chula Vista Planning an:! Building Department on February 14, 2003 by the EastLake Company requesting amendments to the EastLake II Planned Community District Regulations; and WHEREAS, the YC-4 land use district is being created as a "Project Specific Land Use District" to allow specific types of land uses only in conjunction with the construction of the approximate 100,000 square foot Kohl's department store; and WHEREAS, the new YC-4 land use district permitted and conditional uses include department stores, hobby shops, apparel stores, arcades and miscellaneous retail shops; and WHEREAS, the provisions of this "Project Specific Land Use District" will be in effect until July 15, 2006 unless the following two requirements are met: 1) commence construction of th~ Kohl's department store no later than July 15, 2005. For purposes of this land use designation, "commence construction" shall mean the date of commencement of July 15, 2005, as set forth in a legally binding contract for the construction of the Kohl's building and related site improvements which has been entered into by Kohl's Department Stores; and 2) Kohl's de.partment store is open for business no later than July 15, 2006; and WHEREAS, in the event Kohl's has not commenced construction by July 15, 2005, the YC-4 "Project Specific Land Use" designation will revert back to YC-2 land use district; and WHEREAS, in the event that the Kohl's department store is not open for business by July 15, 2006, the YC-4 "Project Specific Land Use" designation will revert back to the YC-2 land use district. C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on Ordinance 2925 Page 2 July 23, 2002and 3) Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 25, 2003 and voted 5-0-0-2 to forward a recommendation to the City Council on the project; and WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on June 25, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 8, 2003 on the project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for the hearing on the project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council hearing at which this ordinance was introduced for first reading on July 8, 2003, the City Council of the City of Chula Vista approved Resolution 2003-293 by which it adopted the amendments on the City of Chula Vista General Plan, EastLake II General Development Plan and EastLake I Village Center North Supplemental Sectional Planning Area (SPA) Plan. NOW THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing on the project held on June 25, 2003, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the adopted Negative Declaration (IS-03-28) and its attendant addendum have been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and has reviewed and considered the previously adopted Negative Declaration IS-03-28 and its attendant addendum. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL -~-~---~ Ordinance 2925 Page 3 The City Council exercised its independent review and judgment and concurred with the Environmental Review Coordinator's determination that the proposed would not have a significant effect on the environment in light of the whole record before the City of Chula Vista, and the adopted Negative Declaration (18-03-28) and its attendant addendum in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State Guidelines, and the Environmental Review Procedures of the City of Chula Vista and has reviewed and considered same. Y. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendrnents to the EastLake II Planned Community District Regulations are consistent with the City of Chula Vista General Plan, as concurrently amended, and public necessity, convenience, the general welfare and good zoning practice support the amendment. \C. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to the EastLake II Planned Community District Regulations, Land Use Districts Map as represented in Exhibit B. V~I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforcable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. VIII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by rtu¡~ j~ ing and Building Director ~~ Ann Moore City Attorney Ordinance 2925 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of July, 2003, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: Davis, McCann, Rindone, Salas and Padilla None None 4¿c9~ Stephent. Padilla, Mayor ATTEST: d~JAa %M<.- Susan Bigelow, d~ëlerk #h STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2925 had its first reading at a regular rneeting held on the 8th day of July, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 15th day of July, 2003. Executed this 15th day of July, 2003. S~w, ~¡~ fA I -- ----~---'_._--.'---- j ~~I6iZ ~ mill;: . ~~ . 'lì&1ì'oWHG~~ \ II~'~ - BO'W'.L j l ! ---r r ~ EASTI.AKE VILLAGE MARKETPLACE /~ I I I I I \. EXHIBIT A LOCA TOR UNITED PARCEL - SERVICE ~-- EASTLAKE VILLAGE MARKETPLACE ~ EXHIBIT A LOCATOR -....--- - - Lan-d Use Districts Proposed BUS fiE 55 C EmER c..-.. - ~ Pw¡ [)i,sñd ec. 2 Budnesa c.n..r - ~ ~ ~ BC-3 Bu"in"ss Cente,.- Ce»e Distñct S:PEÇ tAl P\JRPOS..E ~ Sp=oc.. ~~ SJ:oao 5poce Sþoc;e s,-.. ~ u-ta.> ~ ~~ fVpoo.e F ~ GH) Q,o,Ot Ib-. brd lbe ~ <>-by II> s.dorI 130 ¡" PC Dio.t. ~) ~ fASTLA KE II A pbn~ community by The Easttake Co. CiD6 m ........,,;;;q ~ fï.~rì 4rn.œ 5/9/03 1-16 Project úescriptjOß EXHIBIT B