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Home My WebLink About2007/07/10 Item 3 ~~ ORDINANCE NO. 2007-_ f:JP~r:,. ~~ ORDINANCE OF THE CITY COUNCIL OF THR~~OF CHULA VISTA ADOPTING MITIGATED-~GATIVE DECLARATION IS-07-0l7, AMENDING THE ZONING MAPS ESTABLISHED BY MUNICIPAL CODE SECTION 19.18.010 BY REZONING ONE PARCEL CONSISTING OF 1.46 ACRES LOCATED AT 1501 BROADWAY FROM CT-P (COMMERCIAL THOROUGHFARE WITH PRECISE PLAN) TO R-3 (APARTMENT RESIDENTIAL), AND APPROVING INCENTIVES AND CONCESSIONS PURSUANT TO THE DENSITY BONUS LAW FOR THE REDUCTION IN CERTAIN DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF AN AFFORDABLE FOR-RENT PROJECT BY WAKELAND HOUSING DEVELOPMENT. 1. RECITALS A. Project Site WHEREAS, the area ofland, which is the subject of this ordinance is depicted in Exhibit "A", which is incorporated into this ordinance by this reference, and for the purpose of general description herein consists of 1.46 acres ofland located at 1501 Broadway, within the Merged Chula Vista Redevelopment Project ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on December 14, 2006 a duly verified application for a Rezone (pCZ-07-06) and Design Review Permit (DRC-07-27) was filed with the City of Chula Vista on behalf of the Wakeland Development Corporation ("Applicant") to allow the construction of a 42-unit affordable housing project located at 1501 Broadway ("Project"); and C. Planning Commission and Chula Vista Redevelopment Corporation Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 23, 2007, at 6 p.m. in the City Council Chambers at 276 Fourth Avenue, and after hearing staff presentation and public testimony, voted 7-0 to recommend that the City Council approve the amendment of the zoning maps to rezone the Project Site from CT -P to R-3 and to approve incentives an concessions pursuant to Density Bonus law; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on this project held on May 23, 2006, and the minutes and the resulting resolution, are incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on June 14, 2007 and voted _ to recommend that the City Council 3-1 Ordinance No. Page 2 "'O/"i:'!_ . 7(,,(2 approve ~P~ent of the zoning maps to rezone the Project Site from CT-P to R-3 and to approve incentive1i' ai(a ~.Q.cessions pursuant to Density Bonus law; and ."J,."...... . . l-t.... WHEREAS, the proce~ and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on May 23,2007, and the minutes and the resulting resolutions, are incorporated into the record of this proceeding; and D. City Council Record on Application WHEREAS, a duly called and noticed public hearing on the proposed amendment of the zoning maps to rezone the Project Site from CT-P to R-3 and to approve incentives an concessions pursuant to Density Bonus law was held before the City Council of the City of Chula Vista to receive the recommendations of the Planning Commission and the Chula Vista Redevelopment Corporation, and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on June 14, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted _ to adopt Mitigated Negative Declaration IS-07-017, to approve the amendment of the zoning maps to rezone the Project Site from CT -P to R-3, and to approve incentives an concessions pursuant to Density Bonus law; and II. The City Council of the City of Chula Vista ordains as follows: A. Compliance with CEQA WHEREAS, the Environmental Review Coordinator has reviewed the proposed Project for compliance with CEQA and has conducted an Initial Study, IS-07-017 in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, Based upon results of the Initial Study, the Environmental Review Coordinator determined that the project could result in 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 Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-07-017. B. The City Council certifies that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-07-017 was prepared in compliance with the requirements ofCEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, that the City Council has reviewed and considered the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program, and that the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program reflect the independent judgment and analysis of the City Council; therefore, the City Council of the City of . Chula Vista adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program IS-07-017. C. The rezoning of the Project Site is consistent with the City of Chula Vista General Plan, public necessity, convenience and the general welfare and good zoning practice support the amendments to the Municipal Code. ..3 - .:L- ."'" Ordinance No. Page 3 D. The City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code is amended to rezone the Project Site as depicted in Exhibit "A" from the CT -P (Commercial Thoroughfare with Precise Plan) to R-3 (Apartment Residential). E. The City Council approves the incentives and concessions, outlined in the Chula Vista Redevelopment Corporation Staff Report dated June 14,2007, pursuant to Density Bonus Law for the reduction of certain development standards to allow the construction of a 42-unit multi-family affordable housing project. III. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by: Approved as to form by '~ tLU.-~ Ann Moore City Attorney Ann Hix Acting Community Development Director J:\Attomey\ELISA\ORDINANCES\Wakeland Los Vecinos Rezone and Incentives per Density Bonus.doc 3-3 Ordinance No. Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of June 2007, by the following vote: AYES: Councilmembers: NA YES: Agency Members: None ABSENT: Agency Members: Cheryl Cox, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNlA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of the City of Chula Vista, do hereby certify that the foregoing Ordinance No. had its first reading at an adjourned regular meeting held on the 16th day of November, 2006, and its second reading and adoption at a regular meeting of said City Council held on the _ day of 2006. Executed this _ day of 2006. Susan Bigelow, MMC, City Clerk -3-4