HomeMy WebLinkAbout2009/05/12 Item 1
ORDINANCE NO. 1'\ t\v:JJ~\\O~
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AN ORDINANCE OF THE CITY CO~~~~E CITY OF
CHULA . VISTA AMENDIN.ceC~E ZONING MAP
ESTABLISHED BY SECTION 1~i1.010 TO REZONE ONE .17
ACRE P ARCEL LOCATED AT 440 FOURTH AVENUE FROM R3
(MUL TI-F AMIL Y RESIDENTIAL) TO CO (COMMERICAL
OFFICE)
1. RECITALS
A. Project Site
WHEREAS, the subject matter of this Ordinance is the Zoning Map established by Chapter
19.18.010 of the Chula Vista Municipal Code, and the area of the Zoning Map to be used as the
project area is identified as Exhibit "A," attached hereto; and
'tOO,."
B. Project; Application for Discretionary Approval
WHEREAS, an application was made by Efrain Mascareno ("Applicant") to amend the
Zoning Map and was filed with the City of Chula Vista Development Services Department on
September 19,2008; and
C. Prior Discretionary Approvals
WHEREAS, The Environmental Review Coordinator has reviewed the rezone request for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
rezone was covered under the 2005 General Plan Update EIR-05-01. The rezone would establish the
land use designation called out in the 2005 General Plan, and thus, serve to implement the goals and
intent of the 2005 General Plan. The office building qualifies as an exempt project pursuant to
Section 15303 (c) of the State CEQ A Guidelines, since oi t is new construction under 2,500 square-feet
in floor area; and
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said project on
April 8, 2009, and voted 5-0-0-2 to recommend that the City Council approve the rezone in
accordance with the Findings listed below; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission at
their public hearing on this Project held on April 8, 2009, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding; and
E. City Council Record on Applications
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WHEREAS, a duly called and noticed public hearing was held before the City Council of the
City ofChula Vista on May 5, 2009 on the Project to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to same.
II NOW, THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the rezone request for compliance with
the California Environmental Quality Act (CEQA) and has determined that the rezone was covered
under the 2005 General Plan Update EIR-05-0 I. The rezone would establish the land use designation
called out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005
General Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the
State CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area.
B. INDEPENDENT JUDGEMENT OF CITY COlJNCIL
The City Council has exercised their independent review and judgement and concurs with the
Environmental Review Coordinator's determination that the proposed office building complies with
the California Environmental Quality Act and has determined that the rezone was covered under the
2005 General Plan Update EIR-D5-0!. The rezone would establish the land use designation called
out in the 2005 General Plan, and thus, serve to implement the goals and intent of the 2005 General
Plan. The office building qualifies as an exempt project pursuant to Section 15303 (c) of the State
CEQA Guidelines, since it is new construction under 2,500 square-feet in floor area.
C. FINDINGS FOR COMMERICAL OFFICE ZONE AMENDMENTS
The City Council hereby finds that the Findings and determinations made by the Planning
Commission continue to be true and correct, and the proposed Commercial Office rezone is
consistent with the City of Chula Vista General Plan, and is found to be a public necessity, and a
good zoning practice.
D. APPROV AL OF ZONING REGULATIONS
The City Council does hereby approve the proposed Commercial Office rezone, which will
allow the one-story 1,857 square foot office building.
III. rNVALIDITY; 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 initio.
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IV. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by
Gary Halbert, P.E., AICP
Deputy City Manager/Development Services Director
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Approved as to form by