HomeMy WebLinkAboutItem 3 - Attachment 7 - Draft City Council OrdinanceORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A
REZONE FOR A 6.94-ACRE SITE LOCATED AT 676 MOSS
STREET
WHERAS, on December 7, 2018, a duly verified application requesting approval of a
Rezone (PCZ18-0001) Tentative Subdivision Map (PCS18-0006, Chula Vista Tract No. 18-
0006), Major Planning Application (MPA18-0015), Design Review (DR18-0028), Variance
(ZAV18-0001) and Initial Study 18-0004 were filed with the City of Chula Vista Development
Services Department by Shopoff Realty Investments, LLC (Applicant); and
WHEREAS, the area of land which is the subject of the application and this Ordinance is
three existing parcels located at 676 Moss Street (Project Site); and
WHEREAS, the application requests approval of an amendment to the adopted zoning
map or maps established by Section 19.18.010 of the Chula Vista Municipal Code in order to
rezone the Project Site from a Limited Industrial (ILP) Zone to Apartment Residential (R3) zone
on 6.94 acres to allow for the construction of 141-unit townhomes (Project) on the Project Site;
and
WHEREAS, the parcels, that are the subject matter of this Ordinance, are represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description is located in western Chula Vista on Moss Street between Broadway and
Industrial Boulevard; and
WHEREAS, the Project is intended to ensure that additional housing is provided in
accordance with State mandates and the City of Chula Vista General Plan for Western Chula
Vista to promote smart growth principles by locating compact high-density housing development
within an area that is well served by transit and services within walking distance thereto; and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has conducted an Initial
Study, IS18-0004. Based upon the results of the Initial Study, the Director of Development
Services has determined that 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, IS18-0004, and associated Mitigation, Monitoring and Reporting Program; and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the Project and recommended that the City
Council adopt the Ordinance approving the Rezone; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project, and the minutes and resolution resulting
therefrom, are hereby incorporated into the record of these proceedings; and
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 City Council of the City of Chula Vista finds that, in the exercise of their independent
review and judgment, immediately prior to this action, considered and adopted the Mitigated
Negative Declaration and Mitigation and Monitoring & Reporting Program (IS18-0004) on file
in the City Clerkâs office.
III. ACTION
The City Council hereby adopts an Ordinance approving the amendment to rezoning the Project
Site from Limited Industrial (ILP) to Apartment Residential (R3), finding that it is consistent
with the City of Chula Vista General Plan, and that the public necessity; convenience, general
welfare and good planning and zoning practice support the 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 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.
Presented by:
_____________________
Tiffany Allen
Development Services Director
Approved as to form by:
_______________________
Glen R. Googins
City Attorney