HomeMy WebLinkAboutReso 2013-029RESOLUTION NO. 2013-029
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
CITY'S GENERAL PLAN AND THE OTAY RANCH
GENERAL DEVELOPMENT PLAN TO REFLECT LAND USE,
CIRCULATION AND POLICY CHANGES FOR
APPROXIMATELY 1,281 ACRES WITHIN THE OTAY
RANCH PLANNED COMMUNITY, INCLUDING
ASSOCIATED TEXT, MAPS AND TABLES
I RECITALS
A. Project Site
WHEREAS, the areas of land which are the subject of this Resolution contain all lands
within the boundaries of Exhibit A attached hereto and incorporated into this Resolution by this
reference, and includes approximately 1,281 acres of land generally located south of Main
Street/Rock Mountain Road, east of Heritage Road, west of Salt Creek Canyon and north of the
Otay River Valley within the Otay Ranch Planned Community; and
B. Project; Application for Discretionazy Approvals
WHEREAS, on August 21, 2009, the City of Chula Vista deemed the Otay Land
Company's (the "Applicant") application complete and initiated a General Plan Amendment
(GPA) and Otay Ranch General Development Plan Amendment (GDPA), requesting approval of
amendments to the City's General Plan (the "GPA") and Otay Ranch General Development Plan
(the"Project"); and
WHEREAS, the proposed GPA for the Project involve portions of the Land Use and
Transportation; Economic Development; Public Facilities and Services; and Environmental
Elements, including associated text, maps and tables; and
WHEREAS, the proposed GDPA involves portions of Part II of the existing GDP,
including associated text, maps and tables; and
WHEREAS, the proposed GPA are contained in a document entitled "General Plan
Amendment, Otay Ranch Village 8 West & Village 9, September 2012" as represented in
Exhibit B, on file in the Office of the City Clerk; and
WHEREAS, the proposed GDPA are contained in a document entitled "General
Development Plan Amendment (GDPA), Village 8 West and Village 9 September, 2012" as
represented in Exhibit C, on file in the Office of the City Clerk; and
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C. Prior Discretionary Approvals
WHEREAS, the City of Chula Vista's current General Plan was last comprehensively
updated in December 2005; and
WHEREAS, the Otay Ranch General Development Plan was approved on October 23,
1993, and most recently updated on Apri13, 2012; and
WHEREAS, as part of the 2005 General Plan Update land use actions on the Project Area
were deferred; and
WHEREAS, the GPA and GDPA as presented are necessazy to accommodate the land
uses anticipated in the 2008 Land Offer Agreement between the City of Chula Vista and Otay
Land Company, and amendment thereto (referred to herein as the LOA First Amendment); and
WHEREAS, the GPA and GDPA were designed to complement and facilitate
development of a University and Regional Technology Park in conjunction with the
development of Villages 8 West and 9, and in which the City's ownership of land for a
University and its related uses is an essential element; and
WHEREAS, the approval of the proposed amendments is the first step in carrying out
the development contemplated by these Amendments. The next step in the process would
require the approval of the SPA's, EIR's and TM's for Villages 8 West and 9; and
D. Planning Commission Record of Application
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the GPA and GDPA on February 13, 2013,
and recommended that the City Council adopt the Resolutions approving the GPA and GDPA;
and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on this Project held on February 13, 2013, and the minutes
and resolution resulting there from, are hereby incorporated into the record subsequent to these
proceedings; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the GPA and GDPA
and notices of said heazings, together with its purposes given by its publication in a newspaper of
general circulation in the City, at least ten days prior to the hearing; and
WHEREAS, pursuant to California Government Code section 65090, the City Council
held a duly noticed public heazing on February 19, 2013, on the subject GPA and GDPA.
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NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and
determines as follows:
IL COMPLIANCE WITH CEQA
The Development Services Director has reviewed the proposed project for compliance
with the California Environmental Quality Act and has determined that there is substantial
evidence, in light of the whole record before the City of Chula Vista, that the project may have a
significant effect on the environment; therefore, a Supplemental Environmental Impact Report
(SEIR-09-02; SCH #2004081066) has been prepared. Certification of the SEIR (SEIR-09-02) for
this project will be considered by the City Council as a separate item.
The City Council of the City of Chula Vista reviewed, analyzed, considered, approved
and certified a Final SEIR, made certain Findings of Fact, adopted a Statement of Overriding
Considerations and a Mitigation Monitoring and Reporting Program for the GPA and GDPA,
pursuant to CEQA, by Resolution No. 2013-028.
III. GENERAL PLAN INTERNAL CONSISTENCY
The City Council hereby finds and determines that the General Plan, as amended, is
internally consistent and shall remain internally consistent following amendments thereof by this
Resolution.
IV. GENERAL DEVELOPMENT PLAN CONSISTENCY
The City Council hereby finds and determines that the General Development Plan, as
amended, is internally consistent and shall remain internally consistent following amendments
thereof by this Resolution.
V. ADOPTION OF GENERAL PLAN AND GENERAL DEVELOPMENT PLAN
AMENDMENTS
In light of the findings above, the General Plan and General Development Plan
Amendment provisions are hereby approved and adopted in the form as presented in Exhibits B
and C on file in the City Clerk's Office.
VI. SUNSET PROVISION
This General Plan and General Development Plan approval shall be effective for a term
of no longer than two (2) years from its adoption (the "Term") and shall automatically expire,
unless Sectional Planning Area (SPA) Entitlements aze approved by the City and all applicable
statutes of limitations to challenge the SPA Entitlements have expired with no third party
litigation having been filed. In the event of such third party litigation, the GPA and GDPA
entitlements shall not expire pursuant to this Pazagraph 3.7 of the LOA First Amendment, and
the terms and conditions of Paragraph 3.3(e) of said agreement shall govern. If the GPA and
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GDPA Entitlements expired as provided herein, the General Plan, General Development Plan,
Zoning, Development Agreement and other land uses regulations, applicable to the Property
prior to the approval of the GPA and GDPA Entitlements (the "Existing Entitlements") shall
thereupon take effect. City may, but is not required, to take any appropriate actions, in its sole
discretion, it may deem necessary, if any, to confirm the Existing Entitlements.
Presented by
Assistant City Manager/Director of
Development Services
Approved as to form by
Glen R. Googins
i orney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 26th day of Februazy 2013 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATTEST:
o
D nna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
a
Cheryl Cox, Ma o
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-029 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 26th day of February 2013.
Executed this 26th day of February 2013.
J1~Ltc tL o 0
Do a R. Norris, CMC, City Clerk
Exhibit A
LOCATION
MAP
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