HomeMy WebLinkAboutOrd 2003-2943
ORDINANCE NO. 2943
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE ZONING MAP
ESTABUSHED BY SECTION 19.18.010 OF THE MUNICIPAL
CODE, REZONiNG A ONE-ACRE PARCEL LOCATED AT 825
BROADWAY FROM THE C-T-P (fHOROUGHFARE
COMMERCIAL, PRECISE PLAN) ZONE TO THE C-C-P
(CENTRAL COMMERCIAL, PRECISE PLAN) ZONE
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 consist of one acre located at 825 Broadway ("Project Site or Site");
and
B.
Project; Application for Discretionary Approval
WHEREAS, on July 31, 2002, a Rezone application was filed by the Metropolitan Area
Advisory Committee (MAAC) ("Developer") with the Planning and Building Department of the
City of Chula Vista requesting 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 a one-acre parcel
located at 825 Broadway from C-T-P, Thoroughfare Commercial, Precise Plan to C-C-P, Central
Commercial, Precise Plan Zoning District ("Project"); and
C.
Prior Discretionary Approvals
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 14, 2003, and after hearing staff presentation and public testimony, voted, 4-0 to
recommend that the City Council approve the Project, in accordance with the findings listed
below; and
D.
Planning Commission Record on Application
WHEREAS, the Planning Department set the time and place for a hearing on said
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 ft. of
the exterior boundary of the Project, at least ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on May 14, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing
staff presentation and public testimony, voted 4-0 to recommend that the City Council approve
the Project, in accordance with the findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on May 14, 2003, and the minutes and
resolution resulting there from, are hereby incorporated into the record of these proceedings; and
Ordinance 2943
Page 2
E.
City Council Record on Application
WHEREAS, the City Council held an advertised public hearing on the Project on June
10, 2003, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff
presentation and public testimony, the Council voted 5-0 to table the item to a date uncertain to
address several concerns that were raised at the hearing; and
WHEREAS, the City Clerk set the time and place for the hearing on the Project
applications 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 1,000 ft.
of the exterior boundaries of the Project site at least ten (10) days prior to the hearing; and
F.
Discretionary Approval of Ordinance
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on the Project and to receive the recommendations of the
Planning Commission, and to hear public testimony with regard to the same.
II.
The City Council of the City Chula Vista does hereby ordain as follows:
Section 1. The rezoning provided for herein is consistent with the City of Chula Vista
General Plan, public necessity, convenience and the general welfare and good zoning
practice support the amendment to the Municipal Code.
Section 2. The City Of Chula Vista Zoning Map established by Section 19.18.010 of
the Chula Vista Municipal Code is hereby amended to rezone the site as depicted in
Exhibit "A" from C-T-P (Thoroughfare Commercial, Precise Plan) to C-C-P (Central
Commercial, Precise Plan).
Section 3. The Precise Plan modifier is appropriate for the rezoned parcel because
the circumstances set for in Chula Vista Municipal Code Section 19.56.041 (B) exist with
respect thereto.
Section 4. Certification of Compliance with CEQA. The City Council does hereby
find that the Negative Declaration (lS-03-008) has 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
hereby adopts the Negative Declaration (lS-03-008).
Section 5. Independent Judgment of City Council. The City Council does hereby
find that in the exercise of their independent review and judgment, the Negative
Declaration (IS-03-008) in the form presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City of Chula Vista and hereby adopts same.
Section 6. Effective Date. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
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Ordinance 2943
Page 3
Presented by
Approved as to form by
(^ Yì.IU~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of December, 2003, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
None
None
4f. ¿¡il/ j)
ATTEST:
~lj 6.Á'~~ ~ JO.
Susan Bigelow, CMC, City C
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Ordinance No. 2943 had its first reading at a regular meeting held on the 14th day of October,
2003 and its second reading and adoption at a regular meeting of said City Council held on the
9th day of December, 2003.
Executed this 9th day of December, 2003.
~ A LL.t.~ Q ~
Susan Bigelow, CMC, City Cler
Exhibit "A"
'---,
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
Lë) PROJECT MnROPOU1'ANAREA PROJECT -,
""""""'" ADVISORY COHHmæ (MAAC) REZONE
PRDJECr
.......'" 825 BROADWAY Request: Proposing a zone change for a mixed use
sc:..Le \ AlE""""" project.
NORTH No Sœle PCZ.()3-02
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