HomeMy WebLinkAboutOrd 1994-2607 ORDINANCE NO. 2607
AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL
PREZONING 14.23 ACRES OF LAND LOCATED NORTH OF THE
TERMINUS OF MOONVIEW DRIVE TO RE-P (8.37 ACRES) AND
RE-40 (5.86 ACRES)
WHEREAS, a duly verified application for a prezoning of property consisting of
approximately 14.23 acres located at the northern terminus of Moonview Drive and
diagrammatically presented on the area map, Exhibits A and B, copies of which are on file in
the City Clerk's office, and were filed with the Planning Department of the City of Chula Vista
on August 18, 1990 by Mr. Michael Anthony Demich; and,
WHEREAS, said application requests a prezone from RR-1 (County of San Diego) to RE-
P (8.37 acres: APN 592-030-58), and RE-40 (4.36 acres: APN 592-030-57 and 1.00 acre:
APN 592-030-60); and,
WHEREAS, the development of the 8.37 acre APN 592-030-58 is the subject matter
of a Tentative Subdivision Map, PCS-91-02, which is being concurrently heard with this
application; and,
WHEREAS, the Environmental Review Coordinator conducted an Initial Study, IS-91-
15, of potential environmental impacts associated with the implementation of the project and
has concluded that there would be no significant environmental impacts which could not be
mitigated to level less than significant, and recommends adoption of the Mitigated Negative
Declaration and Mitigation Monitoring Program issued on IS-91-15; and,
WHEREAS, on September 14, 1994 the Planning Commission recommended approval
of the prezone (PCZ-91-D) to the City Council by a vote of 5 to 1 to 1; and,
WHEREAS, on September 14, 1994 the Planning Commission found that the project
would have no significant environmental impacts and recommends adoption by the City
Council of the Mitigated Negative Declaration and Mitigation Monitoring Program for IS-91-15;
and,
WHEREAS, on September 26, 1994, the Resource Conservation Commission reviewed
the Mitigated Negative Declaration for IS-91-15 and the associated Coastal Sage Scrub Loss
Permit for CS-95-03; and,
WHEREAS, a motion to approve IS-91-15 and CS-95-03 by the Resource Conservation
Commission failed with 3 votes in favor, two opposed, and two absent in that four affirmative
votes were necessary to approve said motion; and,
WHEREAS, from the facts presented to the Planning Commission, the Commission has
determined that the prezone is consistent with the City of Chula Vista General Plan and that
Ordinance No. 2607
Page 2
public necessity, convenience, and good zoning practice support the prezoning to RE-P for
APN 592-030-58 and RE-40 for APN's 592-030-57 and 592-030-60; and,
WHEREAS, the Planning Commission further recommends that the City Council
authorize the Director of Planning to issue a Final 4(d) Loss Permit for the Project CS-95-03);
and,
WHEREAS, the City Clerk set the time and place for a hearing on said prezoning
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
1,000 feet of the exterior boundaries of the property at least twenty-one days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
October 11,1994 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 1. Adoption of the Mitigated Negative Declaration and Mitigation Monitoring Program.
The City Council hereby finds that the Project will have no significant
environmental impacts and adopts the Mitigated Negative Declaration and
Mitigation Monitoring Program for IS-91-15.
SECTION 2. CEQA Findings.
The City Council hereby finds that the Project will have no new effects that
were not examined in the Mitigated Negative Declaration for IS-91-15 as of the
date of the application for the initial study.
a. Adoption of Findings - After its independent review, the Council does
hereby approve, accept as its own, and incorporate as if set forth full
herein, and make each and every one of the CEQA Findings as found in
the Mitigated Negative Declaration for IS-91-15.
b. Adoption of Mitigation Monitoring Program - As required by the Public
Resources Code Section 21081.6, City Council hereby adopts the
Mitigation Monitoring and Reporting Program ("Program") incorporated
herein by reference as if set forth in full for Mitigated Negative
Declaration for IS-91-15. The City Council finds that the Program is
designed to ensure that during the project implementation and operation,
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Page 3
the Applicant and other responsible parties implement the project
components and comply with the feasible mitigation measures identified
in the Findings and in the Program.
SECTION 3. Incorporation of All Feasible Mitigation Measures.
The City Council does hereby adopt and incorporate herein as conditions for all
approvals herein granted all mitigation measures which it has determined to be
feasible in the approval of the Prezone. Further, the City Council does hereby
authorize the Director of Planning to issue a Final 4(d) Loss Permit for the
Project (CS-95-03).
SECTION 4. Approval of the Coastal Sage Loss Permit Findings.
The City Council does hereby approve the Section 4(d) Coastal Sage Take
Permit Findings and authorizes the Director of Planning to issue a Final 4(d)
Loss Permit for the Project (CS-95-03)(Appendix E in the Mitigated Negative
Declaration).
SECTION 5. Findings.
The City Council finds that the prezoning is consistent with the City of Chula
Vista General Plan and that the public necessity, convenience, general welfare,
and good zoning practice support the prezoning to RE-P and RE-40.
Further, the City Council finds that the "P" Precise Plan Modifier is appropriate
for Bonita Hills Executive Estates, PCS-91-01, in that the subject property is
unique by virtue of its topography and access, thus requiring special handling
of the development on a precise plan basis.
Further, the City Council finds that the overall density for Bonita Hills Executive
Estates is 1.43 dwelling units per acre (12 dwellings/8.37 acres), which is
consistent with the General Plan Designation of Residential-Low (0-3 du/ac).
SECTION 6. Prezoning.
The properties are hereby prezoned RE-P (APN 592-030-58) and RE-40 (APN
593-030-57), to wit: Residential Estate-Precise Plan, and Residential Estates-
40,000 sq. ft. minimum lot size.
With respect to the RE-P zoned area, the following guideline shall apply:
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Minimum lot size shall be 10,000 square feet, provided the net project density
(lots and permanent open space areas) does not exceed one dwelling unit for
every 20,000 square feet. Development of the property shall be regulated by
the RE-20 development standards.
That a copy of this ordinance be transmitted to the owners of the property.
Approv. as to f rm
ogaard C
Robert A. Leiter
Director of Planning City Attorney
Ordinance No. 2607
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day October, 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. 2607 had its first reading on October 11, 1994, and its second
reading and adoption at a regular meeting of said City Council on the 18th day of October,
1994.
Executed this 18th day of October, 1994.
Beverly A~. Authelet, City Clerk