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HomeMy WebLinkAboutOrd 2000-2812ORDINANCE NO. 2812 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN - PLANNED COMMUNITY DISTRICTS REGULATIONS, LAND USE DISTRICT MAP TO CHANGE THE LAND USE DESIGNATION OF 2.3 ACRES AT THE NORTHEAST CORNER OF EAST PALOMAR STREET AND MEDICAL CENTER DRIVE FROM RESIDENTIAL CONDOMINIUM TO VILLAGE CENTER I. RECITALS A. PROJECT SITE WHEREAS, the area of land which is subject matter of this Ordinance is diagrammatically represented in Exhibit "A" incorporated herein by this reference, a copy of which is on file in the office of the City Clerk, and commonly known as a poaion of Sunbow II-Planning Areas 8 and 10A, and for the purpose of general description herein consists of approximately 2.3 acres located approximately at the noaheast comer of Medical Center Drive and East Palomar Road ("Project Site"); and B. PROJECT; APPLICATION FOR DISCRETIONARY APPROVAL WHEREAS, on January 7, 2000, a duly verified application was filed with the City of Chula Vista Planning Department by Kitchell Development Company ("Developer"), requesting approval of amendments to the Sunbow II Sectional Planning Area (SPA) plan- Planned Community District Regulations to change the land use designation of 2.3 acres located at the noaheast comer of East Palomar Street from Residential Condominium (RC) to Village Commercial (VC); and amend the Sunbow II Village Center Design Guidelines to change the adopted Village commercial center design concept from a "Main Street"" pedestrian village commercial design concept to a more contemporary neighborhood commercial center ("Project); and C. PRIOR DISCRETIONARY APPROVALS WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Sunbow II General Development Plan, previously approved by City Council Resolution No. 15427 CGDP") on December 5, 1989; 2) a Sectional Planning Area (SPA) plan, Sunbow II Sectional Planning Area Plan ("SPA"); 3) Planned Community District Regulations, Sunbow II Planned Community District Regulations; 4) Design Guidelines, Sunbow II Design Guidelines; and 5) Public Facilities Finance Plan, Sanbow II Public Facilities Financing Plan all previously approved by City Council Resolutions 15524, 15525, and 15427, and Ordinance 2346 on December 5, 1989; Sunbow II Air Quality Improvement Plan (AQIP) approved by Resolution No. 18978 on April 28, 1998; and D. PLANNING COMMISSION RECORD ON APPLICATIONS WHEREAS, the Planning Commission held an adveaised public heating on the Project on June 7, 2000 and after heating 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 Ordinance 2812 Page 2 E. CITY COUNCIL RECORD ON APPLICATIONS WHEREAS, a duly called and noticed public heating on the Project was held before the City Council of the City of Chula Vista on June 20, 2000, on the Project and to receive the recommendations of the Planning Commission and Resource Conservation Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said SPA amendment application and notice of said heating, 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 10 days prior to the heating; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p .m. June 20, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafier closed; and F. DISCRETIONARY APPROVALS RESOLUTION AND ORDINANCE WHEREAS, at the same City Council meeting at which this Ordinance was introduced for first reading (June 20, 2000), the City Council of the City of Chula Vista approved Resolution No. 2000-221, by which it imposed amendments on the Sunbow II Sectional Planning Area (SPA) Village Center Design Guidelines and adopted Mitigated Negative Declaration IS-00-16 and Mitigation and Monitoring and Reporting Program. II. NOW, THEEFOE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. FINDINGS FOR PLANNED COMMUNITY DISTRICT REGULATIONS AMENDMENT The City Council hereby finds that the proposed amendments to the Sunbow II Planned Community District Regulations, Land Use Districts Map and statistics are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendment. B. APPROVAL OF ZONE AMENDMENT The City Council does hereby approve the amendment to the Sunbow II SPA Plan Planned Community District Regulations and Land Use District Map as represented in Exhibit A. III. 1NVALIDITY; 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 any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforeeable, this Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. Ordinance 2812 Page 3 IV. 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 Robert A. Leiter Planning Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of July, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Susan Bigelow, City 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 h Ordinance No. 2812 had its first reading at a regular meeting held on the 11t day of June, 2000 and its second reading and adoption at a regular meeting of said City Council held on the 25th day of July, 2000. Executed this 25th day of July, 2000 Susan Bigelow, City Clerk