HomeMy WebLinkAboutOrd 2004-2978
ORDINANCE NO. 2978
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06)
FROM LIMITED INDUSTRIAL TO CENTRAL COMMERCIAL
FOR 4501 MAIN STREET & Y ACOEL PROPERTIES, LLC
1. Recitals.
A. Project Site
WHEREAS, the property, which is the subject 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 at 4501 Main Street, Chula Vista (Project Site); and
B. Project Application
WHEREAS, on June 27, 2003 a duly verified application for a zone change was filed
with the City ofChula Vista by Yacoel Properties, LLC (Applicant); and
C. Project Description
WHEREAS, Applicant requests a zone change from Limited Industrial to Central
Commercial to develop a retail commercial shopping center (Project); and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
said application on August 18,2004; and
WHEREAS, the Planning Commission after considering all evidence and testimony
presented recommended that the City Council adopt Zone Change (PCZ-03-06); and
WHEREAS, the proceedings and all evidence introduced on this application before the
Planning Commission at their public hearing held on August 18, 2004, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council
on August 24, 2004 on the application and to receive the recommendations of the Planning
Commission and to hear public testimony with regard to the same.
F. Environmental Determination
WHEREAS, the City Council is relying on the previously certified Environmental Impact
Report (EIR-04-03), which has been prepared in accordance with the requirements of the
California Environmental Quality Act and the Environmental Review Procedures of the City of
Chula Vista.
Ordinance 2978
Page 2
II. The City Council does hereby ordain as follows:
The City Council does hereby adopt Zone Change (PCZ-03-06), finding that the
proposed zone is consistent with the proposed General Plan Amendment (GPA-03-11) and the
adopted Redevelopment Plan for the Merged Project Area, and that the public necessity,
conveniences, general welfare, and good zoning practice supports its approval and
implementation.
III. 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 unenforceable, this ordinance shall be deemed to
be automatically revoked and of no further force and effect ab initio.
IV. Adoption of this Ordinance (Second Reading) is conditioned upon the approval by the
City Council of General Plan Amendment (GPA-03-11).
V. This ordinance shall take effect and be in full force on the thirtieth day from the Second
Reading, which shall occur as stated above.
Presented by
Approved as to form by
Madigan
unity Development Director
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Ann Moore
City Attorney
Ordinance 2978
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of September, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
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ATTEST:
Stephen C. adilla, Mayor
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Susan Bigelow, MMC, Cl Clerk
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. 2978 had its first reading at a regular meeting held on the 24th day of August,
2004 and its second reading and adoption at a regular meeting of said City Council held on the
21st day of September, 2004.
Executed this 21st day of September, 2004.
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Susan Bigelow, MMC, City erk