HomeMy WebLinkAboutOrd 1993-2539 ORDINANCE NO. 2539
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF
THE CHULA VISTA MUNICIPAL CODE REZONING 8.56 ACRES
LOCATED ON THE EAST SIDE OF BROADWAY, NORTH OF MAIN
STREET, AND SOUTH OF ANITA STREET, FROM I-L-P TO C-C-P
AND R-2-P AND ADOPTING P DISTRICT REGULATIONS
WHEREAS, a duly verified application for a rezoning was filed with the
Planning Department of the City of Chula Vista on September 4, 1992 by Sam
Sepehri; and,
WHEREAS, said applications requested that approximately 4.56 acres located
on the east side of Broadway north of Main Street and south of Anita Street
("Subarea 1") be rezoned from I-L-P (Limited Industrial with Precise Plan
Modifier) to C-C-P (Central Commercial with Precise Plan Modifier); and,
WHEREAS, upon analysis of the proposed project, the Planning Department,
in order to provide for a sound land use plan for the area, initiated an
expansion of the proposed fezone to an additional 8.92 acres located north and
northwest of Subarea 1; and,
WHEREAS, the Planning Department divided the expansion area into two areas,
one consisting of 4.0 acres located on the southwest quadrant of Broadway and
Anita Street ("Subarea 2"), and one consisting of 4.92 acres located on the south
side of Anita Street immediately east of Subarea 2 ("Subarea 3"); and,
WHEREAS, the Planning Commission held a public hearing on November 12,
1992, and voted 5 to 0 to recommend that the City Council approve rezone; and,
WHEREAS, on December 2, 1992, at the request of a property owner, the
Planning Commission reconsidered the proposed zoning ordinance amendments to a
portion of Subarea 3 and voted 5 to 0 to reaffirm their previous decision to
recommend rezoning of Subarea 3 to R-2-P; and,
WHEREAS, the City Council set the time and place for a hearing on said
rezone application and notice of said hearing, 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 1000 feet of the exterior boundaries of the
Property at least ten days prior to the hearing in accordance with Government
Code Sections 65358, 65090 and 65091 (a)I and 2 and Chula Vista Municipal Code
Section 19.12,070; and,
WHEREAS, an Initial Study (Case No. 92-42) was prepared for the proposed
project; and,
WHEREAS, the Environmental Review Coordinator recommends the adoption of
a Mitigated Negative Declaration and Mitigation Monitoring Program for the
proposed project; and,
Ordinance No. 2539
Page 2
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 P.M., December 15, 1992 in the Council Chambers, 276 Fourth Avenue, before
the City Council and said hearing was thereafter closed.
NOW, THEREFORE the City Council of the City of Chula Vista does hereby
find, determine and ordain as follows:
SECTION I: Environmental
The City Council finds that the project would have no significant
environmental impacts and adopts the Mitigated Negative
Declaration and Mitigation Monitoring Program issued on IS 92-42.
SECTION II: Findings
A. The City Council finds that the rezoning of Subareas 1 and
2 is consistent with the City of Chula Vista General Plan
as amended concurrently with this action and that the
public necessity, convenience, general welfare, and good
zoning practice support the rezoning to C-C-P.
B. The City Council finds that, pursuant to Section 19.56.041
of the zoning ordinance, following circumstance is evident
which allows application of the "P" Precise Plan modifying
district to this site:
The property or area to which the P modifying
district is applied is an area adjacent and
contiguous to a zone allowing different land uses,
and the development of a precise plan will allow the
area so designated to coexist between land usages
which might otherwise prove incompatible.
SECTION III: Rezoning
Section 19.18.010 of the Chula Vista Municipal Code {being the
zoning map} is hereby amended to rezone the Property as follows:
Subarea 1: From I-L-P {Limited Industrial with Precise Plan
Modifier} to C-C-P {Central Commercial with Precise Plan
Modifier}.
Subarea 2: From I-L-P {Limited Industrial with Precise Plan
Modifier} to C-C-P {Central Commercial with Precise Plan
Modifier).
For all two subareas, the P Modifier District Regulations
attached hereto under Attachment A is hereby adopted.
Ordinance No. 2539
Page 3
SECTION IV: This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by ~slk ~ b
Di rector of P1 anning City Attorney
Ordinance No. 2539
Page 4
ATrACHIVIENT A PAGE A
PRECISE PLAN FINDINGS
Pursuant to Section 19.56.041 of the zoning ordinance, the following circumstances are evident which allow
application of the 'P" Precise Plan modifying district to this site.
The subject property, or the neighborhood or area in which the property is located, is unique by virtue of
topography, geological characteristics, access, configuration, traffic circulation, or some social or historical
situation requiring special handling of the development on a precise plan basis.
The subject property is located in the middle of Montgomery Community which operates
under zoning regulations which require design review approval for all new commercial
projects. The development should reflect that same requirement.
The property or area to which the "P" modifying district may be applied is an area adjacent and contiguous
to a zone allowing different land uses and the development of a precise plan will allow the area so
designated to coexist between land uses which might otherwise be incompatible.
The three subareas are all adjacent to zones which allow differing land uses, and the Precise
Plan designation would serve to buffer potential land use conflicts.
Ordinance No. 2539
Page 5
A'I"FACHMENTA PAGE B
P DISTRICT REGULATIONS
FOR
PRECISE PLAN
In order to effectuate the implementation of the proposed rezoning {C-C-P) the following constitute the
District Regulations and design standards and guidelines which shall be adhered to for any Precise Plan for
development of the property.
Design Standards~and Guidelines:
· All mitigation measures identified in the Negative Declaration (IS-92-42) must be complied with.
· The project shall show compatibility with adjacent uses through the use of landscaping, building
design, fencing, and other measures as necessary.
Ordinance No. 2539
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 5th day of January, 1993, by the following vote:
AYES: Councilmembers: Fox, Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
ATTEST:
Beverly ~(. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2539 had its first reading on
December 12, 1992, and its second reading and adoption at a regular meeting of
said City Council held on the 5th day of January, 1993.
Executed this 5th day of January, 1993.
Beverly A~Authelet, City Clerk