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HomeMy WebLinkAbout02-27-2013 PC Item 1 Attch 5ATTACHMENT 5 DRAFT CITY COUNCIL ORDINANCE a I. ATTACHMENT 5 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN (FORM BASED CODE) FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Ordinance is diagrammatically represented in Exhibit A attached hereto and incorporated into this Ordinance, and commonly known as the Eastern Urban Center (EUC), and for the purpose of general description herein consists of 207 acres located adjacent to and east of SR -125, adjacent to and west of Eastlake Parkway, south of Birch Road and the Otay Ranch Town Center, and north of the future extension of Hunte Parkway ( "Project Site "); and B. Project; Application for Discretionary Approvals WHEREAS a duly verified application was filed with the City of Chula Vista Development Services Department on October 17, 2012 by SLF IV/McMillin Millenia JV, LLC (the "Applicant," "Owner" and "Developer" requesting approval of an EUC) Sectional Planning Area (SPA) Plan and Form Based Code (FBC) amendment to change the minimum building height within certain EUC Districts, to redistribute the land use mix (residential and commercial) within various Districts, and to remove reference to District 10 as an alternative school site. The proposed amendments mostly affect the first phase of development, approximately 89 acres out of 207 (Project); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a SPA Plan including Planned Community District Regulations/Design Guidelines, Public Facilities Financing Plan, Affordable Housing Program and other regulatory documents approved by City Council Resolution No. 2009 -224 on September 15, 2009; and 2) Planned Community District Regulations approved by City Council Ordinance No. 31422839 on October 6, 2009; and Ordinance No. Papzel 2 D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proj ect was covered in previously adopted Environmental Impact Report, Second -Tier Final Environmental Impact Report, EIR 07 -01. The Development Services Director 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 have occurred; therefore, the Development Services Director has prepared an addendum (IS 13 -001) to this document, EIR 07 -01, and WHEREAS, the City Council finds that the Addendum (IS 13 -001) to EIR 07 -01 has been prepared in accordance with the requirements of CEQA, and the Environmental Procedures of the City of Chula Vista; and E. Planning Commission Record of Application WHEREAS, the Development Services Director 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 property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project to adopt Resolution PCM -12 -19 recommending that the City Council amend the EUC SPA Plan; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearing, together with its purposes 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 Site at least ten (10) days prior to the hearing; and WHEREAS, the duly noticed and called public hearing on the Project was held before the City Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. Ordnance No. Page 3 II. NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendments to the EUC Planned Community District Regulations and Design Guidelines (Form Based Code) are consistent with the City of Chula Vista General Plan because the proposed changes do not change the proposed land uses and, therefore, remain consistent with the General Plan. B. APPROVAL OF PROPOSED AMENDMENTS The City Council hereby approves the amendments to the Eastern Urban Center Planned Community District Regulations and Design Guidelines (Form Based Code) as represented in Exhibit B attached hereto and incorporated herein by this reference. III. I', EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Pre ented by Approved roved as to form by: Y Halbert, AICP, PE Glen R. Googins tant City Manager /Director of City Attorney lobment Services