HomeMy WebLinkAboutOrd 2021-3497ORDINANCE NO. 3497
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A REZONE FOR A 6.94-ACRE SITE LOCATED AT 676 MOSS
STREET
WHEREAS, 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
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WHEREAS, upon considering the information presented on the Project, the
Planning Commission unanimously voted to approve the project; 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.
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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.
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Development Services Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of January 2021, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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. 3497 had its first reading at a regular meeting held on the 8th day of December
2020, and its second reading and adoption at a regular meeting of said City Council held on the
5th day of January 2021; 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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