HomeMy WebLinkAboutOrd 1994-2601 ORDINANCE NO. 2601
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE
II (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT
REGULATIONS (LAND USE DISTRICT MAP ONLY) 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 within the EastLake II (EastLake I Expansion)
Planned Community Area 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 amendments to the EastLake II
(EastLake I Expansion) Planned Community District Regulations (known as
document number CO94-181, a copy of which is on file with the office of the
City Clerk) Land Use District Map and Land Use District designations of certain
areas within the EastLake Greens Planned Community ("Project").
C. Prior Discretionary Approvals
WHEREAS, the Project Site has been in part the subject matter of a Sectional
Planning Area (SPA) Plan previously approved by City Council Resolution No.
15199 ("EastLake Greens SPA Plan") and Planned Community (P.C.) District
Regulations previously approved by City Council Ordinance No. 2317 (EastLake
II-EastLake I Expansion - Planned Community District Regulations) on July 18,
1989.
D. Planning Commission Record on Applications
WHEREAS, the Planning Commission held an advertised public hearing on said
project on July 27, 1994, and voted to recommend that the City Council
approve the Planned Community District Regulation amendments in accordance
with the findings listed below.
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
Ordinance No. 2601
Page 2
and resolutions resulting therefrom, are hereby incorporated into the record of
this proceeding.
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 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
Chula Vista approved Resolution No. 17618 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. 2600 by which it approved the prezoning of
22.7 acres of unincorporated land to P-C Planned Community (PCZ-94-D).
NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as
follows:
II. 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 Mitigated Negative Declaration IS-94-19 (known as document
number CO94-179, a copy of which is on file in the office of the City Clerk),
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 Mitigation Negative Declaration will be
reduced to below a level of significance if the mitigation measures in the
Ordinance No, 2601
Page 3
Mitigation Monitoring and Reporting Program are implemented. The Mitigation
Monitoring and Reporting Program is hereby approved to ensure that its
provisions are complied with.
IlL 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.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the Mitigated Negative Declaration on IS-94-19 reflect the
independent judgment of the City of Chula Vista City Council.
V. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS
The City Council hereby finds that the proposed amendment to the EastLake II
(EastLake I Expansion) Planned Community District Regulations are consistent with the
City of Chula Vista General Plan, and public necessity, convenience, the general
welfare, and good zoning practice support the amendments.
VI. CONDITIONAL APPROVAL OF ZONE AMENDMENTS
The City Council does hereby approve the Planned Community District Regulation
amendment to the Land Use District Map, subject to the General Conditions set forth
below.
VII. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing Planning Community District Regulation amendment
which is stated to be conditioned on "General Conditions" is hereby 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. 2601
Page 4
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of the
Mitigation Monitoring and Reporting Program pertaining to the Project identified
in the Mitigated Negative Declaration on IS-94-19.
C. Implement the Mitigation Monitoring and Reporting Program
Developer shall implement, or cause the implementation of the Mitigation
Monitoring and Reporting Program pertaining to the Project.
D. Contingent Upon Annexation
Approval of the Land Use District Map boundary adjustment and land use
district designations for unincorporated areas is contingent and shall become
final upon annexation of said properties to the City of Chula Vista.
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions fail to occur, or 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 Resolution.
IX. 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.
X. 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 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. 2601
Page 5
XI. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by App, as to form
Robert A. Leiter
Director of Planning City Attorney
Ordinance No. 2601
Page 6
Eastlake
S~-~es
Eastlake Eastlake
AREA8 IEIN~ ~ I
...,..-,....z PRE.ZONED e,mam,em=,~
EASTLAKE
A ~UeID COdMUN~Y 14 1Hi C~Y QF ~HJ~A VITA
CHULA VISTA PLANNING DEPARTMENT
PROJECT DESCRIPTION:
F-XJ~XBIT q~' 1 Prezone of 22.? acres to
' Planned Community (P-C)
ICALI: FILl NUMIIR:
NORTB N/A PCZ- 94 - D
Ordinance No. 2601
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: Hotton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Fox
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
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. 2601 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 ~. Authelet, City Clerk