HomeMy WebLinkAboutOrd 1994-2614 ORDINANCE NO. 2614
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE ZONING MAP ESTABLISHED BY
SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE
TO REZONE 31,63 ACRES LOCATED AT THE TERMINUS OF
NORTH FIFTH AVENUE FROM FL-P (LIMITED INDUSTRIAL-
PRECISE PLAN) TO C-C-P (CENTRAL COMMERCIAL-PRECISE
PLAN)
WHEREAS, the area of the land which is subject of this ordinance consists of
approximately 31.63 acres located at the terminus of North Fifth Avenue in the City of Chula
Vista, California within the Town Centre II Redevelopment Project Area, and further identified
as Assessor's Parcel Nos. 562-324-02 and 562-324-04 ("Project Site"); and,
WHEREAS, a person having control over all or a portion of the development of the
Project Site, National Avenue Associates ("Developer"), has proposed the development of an
approximately 212,000 square foot retail shopping center currently known as the Channelside
Shopping Center, including a WaI-Mart Store as a major tenant, as such project is more
particularly described in Final Environmental Impact Report, FEIR 94-02, ("Project"); and,
WHEREAS, on January 21, 1994, in connection with the Project, the Developer filed
aplications with the City of Chula Vista ("City") for (1) a General Plan Amendment from
"Research and Limited Manufacturing" to "Commercial Thoroughfare", and (2) Rezoning from
"I-L-P" (Limited Industrial-Precise Plan) to "C-C-P" (Central Commercial-Precise Plan)
("Discretionary Approvals Applications"); and,
WHEREAS, concurrently, the Developer requested that the City process an amendment
to the certified Chula Vista Local Coastal Program ("LCP Amendment") and issue a Coastal
Development Permit ("CDP") thereunder.
WHEREAS, concurrently based on a preliminary review of the Project the staff ("Staff")
of the City and the Redevelopment Agency of the City of Chula Vista ("Redevelopment
Agency") has determined that the Project may have an adverse impact on the environment;
and,
WHEREAS, the Staff has determined that the Project is not exempt, neither statutorily
or categorically, from compliance with the statutory duty, as set forth in the California
Environmental Quality Act ("CEQA") to prepare an Environmental Impact Report; and,
WHEREAS, City retained the services of a Consultant to prepare the Environmental
Impact Report for the Project; and,
WHEREAS, a draft Environmental Impact Report dated June 1994, evaluating the
Project was prepared and was transmitted by the Redevelopment Agency, as lead agency, to
all concerned parties for review and comment; and,
Ordinance No. 2614
Page 2
WHEREAS, notice of availability of the draft Environmental Impact Report was given
as required by law and by policy of the City; and,
WHEREAS, a public forum on the project was held on June 30, 1994, which included
a presentation on the draft Environmental Impact Report; and,
WHEREAS, written and comments from the public on the draft Environmental Impact
Report were accepted from June 16, 1994 to August 10, 1994; and,
WHEREAS, on July 25, 1994 the Resource Conservation Commission accepted the
draft Environmental Impact Report, EIR 94-02, by a vote of 4 to 1; and,
WHEREAS, the City Planning Commission held a public hearing, accepted public
testimony and closed the public review period on the draft Environmental Impact Report on
August 10, 1994; and,
WHEREAS, public comments have been addressed in the Final Environmental Impact
Report for the Project dated September, 1994 ("FEIR 94-02"); and,
WHEREAS, a public hearing on FEIR 94-02, the Discretionary Approvals Applications
and the LCP Amendment was duly noticed and held before the Planning Commission at the
meeting of September 28, 1994; and, _
WHEREAS, the Planning Commission, at a public hearing held on September 28, 1994,
considered FEIR 94-02, the Discretionary Approvals Applications and the LCP Amendment,
took evidence as set forth in the record of its proceedings, made certain findings as set forth
in their Recommending Resolution GPA-94-O2/PCZ-94-C, and recommended that City Council
certify FEIR 94-02 and approve the Discretionary Approvals Applications and the LCP
Amendment subject to certain terms and conditions; and,
WHEREAS, an Addendum to FEIR 94-02 ("Addendure 94-02A") was prepared in
accordance with Section 15164 of the CEQA Guidelines; and,
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on November 1, 1994 on FEIR 94-02, Addendum 94-02A
(collectively "FEIR 94-02"), the Discretionary Approval Applications, the LCP Amendment and
the CDP to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and,
WHEREAS, the City Council of the City, as the Responsible Agency, and the
Redeveloprnent Agency, as the Lead Agency, have reviewed, analyzed and considered FEIR
94-02, the environmental impacts therein identified for this Project; the Findings of Fact
("CEQA Findings"), Mitigation Monitoring and Reporting Program and Statement of Overriding
Considerations, a copy of which is on file in the office of the City Clerk; and,
WHEREAS, pursuant to Joint City/Agency Resolution No. 17705 (the "CEQA
Resolution), the City Council and the Redevelopmerit Agency have jointly certified FEIR 94-02,
Ordinance No. 2614
Page 3
made the Redevelopment Agency have jointly certified FEIR 94-02, made the necessary CEQA
Findings, and adopted the Mitigation Monitoring and Reporting Program, and the Statement
of Overriding Considerations attached to the CEQA Resolution; and,
WHEREAS, at the same City Council meeting at which this Ordinance was introduced
for first reading (November 15, 1994), the City Council of the City of Chula Vista adopted
Resolution No. 17706, by which it amended the City's General Plan, and Ordinance No. 2613,
by which it amended the City's Local Coastal Program; and,
WHEREAS, the City Council has reviewed, taken and considered public testimony with
respect to, and decided to approve the proposed rezoning for the Project site from I-L-P to C-
C-P.
NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows:
I. Certification of Compliance with CEQA.
The City Council does hereby adopt and incorporate herein Resolution No. 17705 of
the City Council and Redevelopment Agency certifying FEIR 94-02, and adopting
Addendum 94-02A, the CEQA Findings, the Mitigation Monitoring and Reporting
Program, and the Statement of Overriding Considerations.
II. Rezoning.
The Zoning Map or Maps established by Section 19.18.010 of the Chula Vista
Municipal Code are hereby amended by adding thereto the following rezoning of
property ("Rezoning"):
That certain property consisting of approximately 31.63 acres, located
at the north terminus of North Fifth Avenue, more particularly known as
Assessor's Parcel Nos. 562-324-02 abd 562-324-04 (the "Project
Site"), is hereby rezoned from I-L-P (Limited Industrial-Precise Plan) to
C-C-P (Central Commercial-Precise Plan).
III. Finding for Approval of Rezoning.
The City Council finds that the Rezoning is consistent with the City of Chula Vista
General Plan and the Chula Vista Local Coastal Program, as amended, and that the
public necessity, convenience, general welfare, and good zoning practice support the
Rezoning.
IV. Findings for Application of the P-Precise Plan Modifier.
The City Council finds that the "P" Precise Plan Modifier is appropriate for the Project
Site in that:
Ordinance No. 2614
Page 4
A. The subject property is unique by virtue of its access and traffic circulation in
that its westerly point of access requires the construction of a bridge across a
wetlands, and its easterly access enters subject site from the adjoining
municipality of National City.
B. The property to which the "P" modifying district is being applied is an area
adjacent and contiguous to zones or land uses allowing different land uses, to
wit, SR-54 to the north, IL (Limited Industrial) to the south and southeast, CH-
CZ (Heavy Commercial-Coastal Zone) (City of National City) to the west, and
CG-PD (General Commercial-Planned Development) (City of National City) to the
east, and the development of a precise plan will allow the area so designated
to coexist between land usages which might otherwise prove incompatible;
C. The area to which the "P" modifying district is applied consists of two
properties under separate ownership wherein coordination regarding access, on-
site circulation, site planning, building design and identification is necessary to
enhance the public convenience, health, safety and general welfare; thus
requiring special handling of the development on a precise plan basis.
V. Precise Plan Guidelines.
The City Council does hereby approve the application of the following Precise Plan
Guidelines to development of the Project Site. Unless otherwise specified, all
Conditions, Guidelines and Code Requirements shall be fully completed to the City's
satisfaction prior to the approval of occupancy. Unless otherwise specified, "dedicate'"
means grant the appropriate easement, rather than fee title.
Precise Plan Guidelines:
A. Freestanding signage may be allowed adjacent to the SR-54 corridor in lieu of
wall signage (height and size to be determined), subject to review of an
approval of the Design Review Committee.
B. A 15' to 25' landscape buffer with enhanced landscaping complementary to
landscaping within the SR-54 right-of-way shall be provided along the northerly
property line as a component of the Chula Vista Greenbelt.
VI. 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 all certificates
of occupancy issued under the authority of approvals herein granted, instituted 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.
Ordinance No. 2614
Page 5
VII. 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 ordinance at the City's election, in its sole discretion, shall be deemed to be
automatically revoked and of no further in force and effect.
VIII. Effective Date.
This ordinance shall take effect and be in full force on the thirtieth day from and after
its adoption.
Presented by Appro~ed as to for~
' Bruce M. Boogaard
F~obert A. Leiter
Director of Planning City Attorney
Ordinance No. 2614
Page 6
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day November, 1994, by the following vote:
AYES: Councilmembers: Horton, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: Fox
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Vicki C. Soderqui°s~,~ City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Ordinance No. 2614 had its first reading on November 15, 1994,
and its second reading and adoption at a regular meeting of said City Council on the 22nd day
of November, 1994.
Executed this 22nd day of November, 1994.
Vicki C. Soderquist, D~ity Clerk