HomeMy WebLinkAboutOrd 1994-2600 ORDINANCE NO. 2600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PREZONING OF 22.7 ACRES
OF UNINCORPORATED LAND TO P-C PLANNED COMMUNITY
(PCZ-94-D) AND ADOPTING MITIGATED NEGATIVE
DECLARATION ON IS-94-19 AND MITIGATION MONITORING
AND REPORTING PROGRAM THERETO
I. RECITALS
A. Project Site
WHEREAS, the properties which are the subject matter of this ordinance are
diagrammatically represented on Exhibit 1 attached hereto, and incorporated by
this reference and located northeast of the SDG&E transmission easement,
north of East Orange Avenue and west of Hunte Parkway adjacent to the
community of Eastlake of the City of Chula Vista ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on March 21, 1994, the Eastlake Development Company
("Developer") filed an application requesting prezoning of approximately 22.7
acres of unincorporated land to P-C Planned Community ("Project"); and,
C. Prior Discretionary Approval
WHEREAS, the Project Site has been the subject of a General Plan Amendment
(Eastlake Greens GPA 93-2) previously approved by the City Council on
December 14, 1993 by Resolution No. 17039 ("GPA"); and,
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said
project on July 27, 1994, voted to recommend that the City Council approve
the prezone in accordance with the findings and subject to the conditions listed
below.
E. City Council Record on Application
WHEREAS, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on August 16, 1994, on the Discretionary
Approval Application, and to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to same; and,
F. Discretionary Approvals Resolution and Ordinance
WHEREAS, at the same City Council meeting at which this ordinance was
introduced for first reading (August 16, 1994), the City Council of the City of
Ordinance No. 2600
Page 2
Chula Vista approved Resolution No. 17168 by which it imposed amendments
and conditions on the EastLake II (EastLake I Expansion) General Development
Plan, EastLake Greens Sectional Planning Area SPA Plan, EastLake Greens Air
Quality Improvement Plan, EastLake Greens Water Conservation Plan, and
EastLake Greens Master Tentative Subdivision Map (PCS-88-3), and introduced
for first reading Ordinance No. 2601 by which it amended the EastLake II
(EastLake I Expansion) Planned Community District Regulations Land Use
District Map.
NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this Project held on July 27, 1994, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION
MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS
A. Mitigated Negative Declaration
The City Council of the City of Chula Vista has reviewed, analyzed and
considered the Mitigated Negative Declaration on IS-94-19 (known as
document number CO94-179, a copy of which is on file in the office of the City
Clerk) and comments thereon, the environmental impacts therein identified for
this project and the Mitigation Monitoring and Reporting Program ("Program")
(known as document number CO94-180, a copy of which is on file in the office
of the City Clerk) thereon prior to approving the Project. Based on the Initial
Study and comments thereon, the Council finds that there is no substantial
evidence that the Project will have a significant effect on the environment and
thereby approves the Mitigated Negative Declaration.
B. Mitigation Monitoring and Reporting Program
The City Council of the City of Chula Vista finds that the significant
environmental effect(s) identified in the Mitigated Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
Monitoring and Reporting Program is hereby approved to ensure that its
provisions are complied with.
Ordinance No. 2600
Page 3
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19
and Mitigation Monitoring and Reporting Program have been prepared in accordance
with requirements of the California Environmental Quality Act, the State EIR
Guidelines, and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council finds that SEIR-86-04 and Addendure and Mitigated Negative
Declaration IS-94-19 reflect the independent judgement of the City of Chula Vista City
Council.
VI. P-C PLANNED COMMUNITY PRE-ZONE FINDINGS
The City Council hereby finds that the proposed prezoning to P-C Planned Community
is consistent with the City of Chula Vista General Plan, and that public necessity
convenience, the general welfare, and good zoning practice support the prezoning of
the Project Site to P-C Planned Community.
VII. CONDITIONAL PROJECT APPROVAL
The Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code
are hereby amended by adding thereto the following prezoning of property pursuant
to Section 19.12.020 of said Code which zoning shall be subject to the General
Conditions set forth herein below and become effective at and upon the date the
subject property is annexed to the City of Chula Vista:
That certain property consisting of approximately 22.7 acres located northeast
of the SDG&E easement, north of East Orange Avenue and west of Hunte
Parkway to PC (Planned Community) as shown on Exhibit #1 hereto.
VIII. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing prezoning is hereby further conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with
the Project as described in the Mitigated Negative Declaration, except as
modified by this Ordinance.
Ordinance No. 2600
Page 4
B. Implement Mitigation Measures
Developer shall diligentty implement, or cause the implementation of, all
mitigation measures pertaining to the Project identified in the Mitigated
Negative Declaration.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of, all portions of the
Mitigated Negative Declaration IS-94-19 Mitigation Monitoring and Reporting
Program.
IX. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, of if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted, deny or further condition issuance of all
future building permits, deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute
litigation to compel their compliance with said conditions or seek damages for their
violation. No vested rights are gained by Developer or a successor in interest by the
City's approval of this Ordinance.
X. NOTICE OF DETERMINATION
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution 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 unenforceable,
this resolution shall be deemed to be automatically revoked and of no further force and
effect ab initio.
Ordinance No. 2600
Page 5
XII. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by r as o rm
Robert A. Leiter Bruce M. Boogaard
Director of Planning City Attorney
Ordinance No. 2600
Page 6
·
Eastlake
Sl-,ores
Eastlake
CMULA VISTA PLANNING DEPARTMENT
O Pl~OJ1gT DiICRIPTION:
F-XI'iX]~ZT ~f' 1 Prezone of 223 acres to
' Planned Communit~ (P-C)
ICALI: FILl MUMlIB:
NORTH N/A PCZ- 94 - D
Ordinance No. 2600
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day August, 1994, by the following vote:
AYES: Councilmembers: Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Fox
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A(:. 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. 2600 had its first reading on August 16, 1994, and its second
reading and adoption at a regular meeting of said City Council on the 23rd day of August,
1994.
Executed this 23rd day of August, 1994.
BeVerly A. ~uthelet, City Clerk