HomeMy WebLinkAboutOrd 2009-3127ORDINANCE NO. 3127
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 TO
REZONE ONE .17 ACRE PARCEL LOCATED AT 440 FOURTH
AVENUE FROM R3 (MULTI-FAMILY RESIDENTIAL) TO CO
(COMMERICAL OFFICE)
I. 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 azea is identified as Exhibit "A," attached hereto; and
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-OS-O1. 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 squaze-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 heazing on this Project held on Apri18, 2009, and the minutes and resolutions resulting
therefrom, aze hereby incorporated into the record of this proceeding; and
Ordinance No. 3127
Page 2
E. City Council Record on Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council of the
City of Chula Vista on May 5, 2009 on the Project to receive the recommendations ofthe Planning
Commission, and to hear public testimony with regazd 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-OS-O1. 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) ofthe
State CEQA Guidelines, since it is new construction under 2,500 squaze-feet in floor azea.
B. INDEPENDENT JUDGEMENT OF CITY COUNCIL
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-OS-O1. 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 squaze-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. APPROVAL OF ZONING REGULATIONS
The City Council does hereby approve the proposed Commercial Office rezone, which will
allow the one-story 1,857 squaze foot office building.
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 any one or more terms, provisions or conditions aze 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.
Ordinance No. 3127
Page 3
N. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented
Approved as to form by
alber , P.E., AICP C. Miesfel
Deputy City Manager/Development Services City Attorne
Director
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 12th day of May 2009, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ay r
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris. City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3127 had its first reading at a regular meeting held on the 5th day of May 2009 and its
second reading and adoption at a regular meeting of said City Council held on the 12th day of May
2009; and was duly published in summary form in accordance with the requirements of state law and
the City Charter.
Executed this 12th day of May 2009.
r~ ,~ 6i. ~h~.~
Donna R. Norri MC, City Clerk
Ordinance No. 3127
!'j PROJECT
I LOCATION
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CHULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR PROJECT
MPAArchitects Inc PROJER DESORIPTIOPC
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nrPUCnrar, ZONE CHANGE
O RRDJECT 440 Fourth Av PrDject Summary: Demolish Three existing residential buildings
aoDRESS: and mnstruct a one story 1,857 Sq. Ft. Office buBding. Proposed
srci c- Fig Nun+aER: rezone from R3 tD CO to be consistent with GP designation of CO.
h ND Sple PCZ-09-0 ~ Related cases: ZAV-0?-03, IS-04-003. DCR-09-08
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