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Home My WebLink AboutOrd 2005-3018 ORDINANCE NO. 3018 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP FOR 13.3 ACRES AT THE NORTHWEST CORNER OF MILLER DRIVE TERMINUS AND EASTLAKE PARKWAY I. RECITALS A. Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in "Exhibit D" and incorporated herein by this reference and for the purpose of general description herein consists of 13.3 acres known as EastLake Village Walk, and located at the northwest corner of EastLake Parkway and Miller Drive intersection within the EastLake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on March 17, 2004 by Sudberry Properties, Inc. requesting amendments to the EastLake II Planned Community District Regulations and Land Use Districts Map; and WHEREAS, the VC-Ia 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 165,000 square foot specialty retail center; and WHEREAS, the new V C-I a land use district permitted and conditional uses include gourmet markets, specialty retail shops, major bookstore, restaurants; and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: I) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution No. 2003-293 on July 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23,2002, and amended by City Council Resolution No. 2003-293 on July 8, 2003; and 3) amended Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April IS, 2003, and amended by City Council Ordinance No. 2925 on July 15,2003; and D. Planning Commission Record of Application Ordinance No. 3018 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 27,2005 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 July 27, 2005 and the minutes and resolution resulting there trom, 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 August 23, 2005 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 feet of the exterior boundaries of the Project Sites at least 10 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 August 23, 2005, the City Council of the City of Chula Vista approved Resolution 2005-288 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 ofChula 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 July 27, 2005, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration (lS-04-027) and 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 Mitigated Negative Declaration IS-04-027. Ordinance No. 3018 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 ofChula Vista, and the adopted Mitigated Negative Declaration (IS-04-027) 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. V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby finds that the proposed amendments 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. VI. 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 D". VII. 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 resolution shall be deemed to be automatically revoked and of no further force and effect ab irutio. VIII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the 30th day trom and after its adoption. Presented by Approved as to form by ~Ac? J s. S doval mg ana BUlldmg DIrector ~~\\%.~\\ Arm Moore ' City Attorney Ordinance No. 3018 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of September, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Davis ~~ adilla, Mayor ATTEST: - ~t. tL....t ~'~ 11 6:] ~ Susan Bigelow, MMC, City erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Ordinance No. 3018 had its first reading at a regular meeting held on the 23rd day of August, 2005 and its second reading and adoption at a regular meeting of said City Council held on the 13th day of September 2005. Executed this 13th day of September 2005. ~ < :::0, , c~6...... I~~J J() .J Susan Bigelow, MMC, City erk . Ordinance No. 3018 Page 5 land Use Districts Proposed \ n""" S:..; .. .. VC-1 vc-,. VC-2 Vc-3 FC PA RESIDENTIAL Residential Estates Residential SIogle Family Residential Single Family Rasidentlal Planned Concept Residential SmatlloI Res6dentlal CondominIum RasidentJaI Planned Concept Residenflal condominium Residentiaf Condominium Rasidontlol MuRi-Famlly ResldentJal Mulll-FamIIy VilLAGE CENTER & COMMERCIAL lllllage Center (ReI8//) Village Center (RetaI'O Pmoo~ New DIstrict Vlll8ge Center (Prof. AcImIn.Ilt<1. Relll/l) VIIage Center (Ret.n) Freeway Commercial Pro!essIonal & Adrrinlstralive BUSINESS CENTER BC.' Business Center (MenufBctlnfng Perl< DI.tIict) BC-2 Business Center (ManufBctlnfng Service Q;strlr:Q BC-3 Buslnes. Cent", (Core Dislrld) '" RE-3 RS-S RS-7 RP-8 RP-8L RC.10 RCo13 RC-15 RC-22 RM-2~ - SPECIAL PURPOSE 0501 Open Space . .0502 Open Space 0S-8 Open Space 0$-4 Open Space 0$-5 Open Speco OS-jl Open Space 0507 Open Space FU PuIure Urban DIstrIct PQ PubllcfQuasl-pUbllc Distrtct CPF Communlt'f Purpaoe District (GH) GUOOl Hou3e Land Use DIoIrict OVerlay. (Refer III SecIion 11.30 in PC Dial. Regs. .4itASTlAKE II A planned comrnuriIty by The EastLake Co. ""'''''''- --~m r:l-l'1.k~ OI'''''' Exhibit D