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Home My WebLink About2009/09/01 Item 2 . 1(\\0';\ \>-\)0 ORDINANCE NO. -0 \>-';\\) X;.\>-<;)\\ ORDINANCE OF mE CITY OF CMBL'i};I VISTA APPROVING AMENTIMENTS TO THE GA llE\W'Xy' CHULA VISTA SPECrFIC PLA1'1 (pCM-OO-ll) FOR 4.46 ACRES AT THE NORTHWEST COR,'1ER OF THE INTERSECTION OF "H" STREET A.ND THIRD AVENUE I. RECITALS A Project Site WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Gateway Chula Vista, and for the purpose of general description consists of 4 46 acres located at the northwest corner of the intersection of "H" Street and Third Avenue ("Project Site" or "Project"); and B. Project; Application for Discretionary Approvals W1ffiREAS, a duly verified application was filed with the Development Services Department on April 23, 2009, by Gateway Chula Vista 2, LLC, requesting approval of amendments to the Gateway' Chula Vista Specific Plan; and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: (I) adopting a Mitigated Negative Declaration and approving a General Plan Amendment to the Circulation Element to reclassify H Street between Third and Fourth Avenue from a six lane major street to a four lane major street previously approved by Redevelopment Agency Resolution No 1708 (Council Resolution 2000-465) on December 12, 2000; and 2) approving a Specific Plan (pCM-OO-ll) approved by City Council Ordinance No.2828 on December 19,2000; and D. Planning Commission and Chula Vista Redevelopment Corporation Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to propeny o"'ners within 500 feet of the exterior boundary of the Project, at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 22, 2009, and voted 6-0-1-0 to forward a recommendation to the City Council on the Project; and 2-1 Ordinance No. Page 2 WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on July 22, 2009, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation held an advertised public hearing on this Project on July 23, 2009, at 4 p.m. in the City Council Chambers at 276 Fourth Avenue and after hearing staff presentation and public testimony, voted 5-0-1-1 to recommend that the City Council approve the Specific Plan amendment, in accordance with the fmding listed below; and WHEREAS, the proceedings and all evidence introduced on this Project before the Chula Vista Redevelopment Corporation at their public hearing held on July 23, 2009, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of the 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 500 feet of the exterior boundaries of the Project at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on August 11, 2009, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony "ith regard to the same; and F. Discretionary Approvals Ordinance WHEREAS, at the City Council hearing at which this Ordinance was introduced for first reading, the City Council approved amendments to the Gateway Chula Vista Specific Plan; and G. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act ("CEQA") and has determined that the project was covered in previously adopted Final Mitigated Negative Declaration, IS- 99-24. The Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, 1S-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." 2-2 Ordinance No. Page 3 II. NOW THEREFORE BE IT ORDAINED, that the City Council of the City ofChula Vista does hereby find and determine as follows: A. CERTIFICATION OF COMPLIANCE WITH CEQA That the Environmental Review Coordinator has reviewed the proposed project for compliance "1th the California Emironmental Quality Act ("CEQA") and has determined that the project was covered in previously adopted Final Mitigated Negative Declaration, IS- 99-24. That the Environmental Review Coordinator has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent document has occurred; therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mjtigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third Avenue." B. INDEPENDENT WDGEMENT OF CITY COUNCIL That the City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Project was covered in previously adopted Final Mitigated Negative Declaration, IS-99-24. and that only minor technical changes or additions to tills document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation ofa subsequent document has occurred; and therefore, the Environmental Review Coordinator has prepared an Addendum to Final Mitigated Negative Declaration, IS-99-24, referred to as "Gateway Chula Vista: H Street and Third A venue." C. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to tbe Gateway Chula Vista Specific Plan are consistent v.ith the City of Chula Vista General Plan. The proposed amendments to allow educational and training uses, modifY provisions for temporary and accessory uses and other miscellaneous amendments will not result in additional traffic generation nor demand for additional parking and are consistent v.itb other types of uses currently permitted by the Specific Plan. III. NOW THEREFORE BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve the amendments to the Gateway Chula Vista Specific Plan as represented in Exillbit B. 2-3 Ordinance No. Page 4 IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its final adoption. Presented by Approved as to form by Gary Hal ber! Deputy City Manger/Development Services Director J:lArrorneyIMichllcISh\Gateway\SPlGatewaySpecificPI;u'lAmcndmenI-CC-Ord-7.22.09.0raft 2.doc 2-4