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Home My WebLink AboutOrd 2014-3301 ORDIT�'AI�'CE NO. 3301 ORDII�'AI�'CE OF THE CITY OF CHULA VISTA APPROVII�'G AN AA4EI�TDMEI�TT TO THE PLAI�TI�'ED COMMUI�'ITY DISTRICT REGULATIONS FOR THE PROVISIOI�' OF COA4MLTNITY PURPOSE FACILITIES Ii�' SECTIONAL PLANNII��G AREA PLANS WHEREAS; an amendment to the Planned Communin� (PC) Zone for the provision of Community Purpose Facilin� (CPF) land is the subject matter of this ordinance as detailed in the Cirv Council Aaenda Statement: and �'HEREAS; the City has initiated this application (PCA-11-01) to amend Chapter 19.48 P-C Planned Communin� Zone that provides the requirements for Sectional Plannin� Area (SPA) plan areas; and VJHEREAS, the application (PCA-11-01) request revisions to Section 19.48.02�, the provisions for Community Purpose Facility (CPF) land requirements for CPF acreage to be provided H�ithin SPA Planning Areas (`Project `): and VJHEREAS, the proposed amendments ��ould allow for a reduction in otherw-ise required CPF land where an extraordinan� public benefii is pro��ided. The amendment also includes an altemative compliance option that H�ould allo�v for CPF facilities to be provided in altemati��e formats, such as in building square-footaee; in lieu of the CPF acreage requiremenu: and WHEREAS_the Development Services Director has revie��ed the proposed amendments to Chapter 19.48 of the Chula Vista Municipal Code (CVMC) for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibiliri� that the activiri� ma}� have si2nificant effect on the em�ironment therefore, pursuant to Section 1�061(b) (3) (General Rule) of the State CEQA Guidelines the activity is not subject to CEQA; and WHEREAS, the Plannin� Commission set the time and place for a hearine on the Project (PCA-11-01) and notice of said hearine; together ��ith its purpose, ��as given by its publication in a ne��spaper of general circulation in the cit�� at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place. namely 6:00 p.m., November 20, 20li, in the Ci��ic Center. Buildine C Training Room, 276 Fourth A��enue, before the Planning Commission and said hearing ti�as thereafrer closed; and V1'HEREAS, by a vote of 6-0-0-1, the PlanninQ Commission adopted Resolution PCA- I 1-01 recommendine Cih� Council approval of the Project and V�'HEREAS, a public hearine on the Project w�as scheduled before the Ciri� Council, and notice of said hearing. together with its purpose �ti�as ei��en by its publication in a new�spaper of general circulation in the city at least ten da}�s prior to the hearing_ and Ordinance 330] PaRe 2 WHEREAS. the hearing was held at the time and place, namel�� 2:00 p.m., December 17, 20li. in the Cih� Council Chambers. 276 Fourth Avenue, before the City Council and said hearing was thereafrer closed; and NOW; THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Sectio� I. Amendment to CVMC Chapter 19.48 P-C (Planned Community) Zone as follows: 19.48.025 Communit�� purpose facilities—Minimum acreage required—Permitted uses. A. All land in each P-C zone, or an}� section thereof. shall provide adequate land designated as '`community purpose facilities (CPF); ' as defined in CVMC 19.04.05�, to serve the residents of the planned communitv. B. Anolicant shall provide a �4 total of 1 39 acres of net usable land (including setbacks) per 1,000 population in a graded, useable condition with necessarv access and utilities available for CPF in the associated planned communitv, and such land shall be so designated for communitv purpose facilities and for CPF land uses in perpetuitv in the sectional planning area (SPA) plan(s) and planned community district regulations of each planned community prior to the aoqroval of the SPA Plan. The total acreage requirement may be reduced only if the city council determines, in conjunction with its adoption of an SPA plan, that ° '°°°°- °--��' �F '��a :° ..,.,l,..l 1...,.,.A .. .,:7..1.:1:�. ,.C..l...�,..1 ....�1-:..rt .,,:Q. ..R..�. f..:l:tio.. ..R,o� .. ..;�.. .. e b ,.r a.,.:i:,:o.. 1. Availabilih� of Shared Parking. Based on availabilitv of shared parking with other facilities, a ]esser amount of land is needed. Such reduction in land shall not exceed the equivalent necessarv for the number of parking spaces acquired through the shared parkin arran em�ent. Anv shared parking arraneements pursuant to this section shall be �uaranteed reaardless of anv fumre chanees in occupancv of facilities: or 2. Extraordinarv Public BenefL Subiect to the discretion of the Development Service Director and recommendation from the Plannina Commission, CPF acreage mav be reduced subject to the followin� requirements: a. The reduction in CPF acrea�e is accompanied bv an extraordinarv public benefit not otherwise obtained throuah the provision of CPF acreage. b. The public benefit is similar in nature to and satisfies the €oals of CPF reauirement bv providine the communitv with land on which a public service, determined b�� the City Council to be essential to part of the communitv fabric, for which land would not othenvise be available. is provided and made available to the communitv. Ordinance 3301 Paee 3 c. The e�traordinarv public benefit is euazanteed in perpetuin�. d. At the time of the consideration bv the Plannina Commission. the apolicant has executed a bi_n_dine aereement. re��iewed and aooro��ed as to form bv the Cih� Attome��. ��hich ensures the provision of the extraordinar�� benefit in oemetuitv: or 3. Alternati��e Compliance. Subiect to the discretion of the Develooment Service Director and recommendation from the Plannina Commission. an altemative compliance mechanism (e.s. providine square footaee �vithin a buildine that will accommodate CPF uses or constructine a facilin� for CPF usel mav be appro��ed. provided such altemative mechanism meets all of the follo�vine requirements' a� The Cin� Council finds that the altemati��e compliance mechanism proposed is equivalent to the pro��ision of the CPF acreaee othenvise required b�� CVMC 19.48.02�(Bl. b. The alternative meets the definition of a CPF use in CVMC 19.48.02�(Cl. c. The alternative compliance mechanism is euaranteed in perpetuitv. d. At the time of the consideration b�� the Plannine Commission. the applicant has executed a bindine aereement. re��ie��ed and approved as to form bv the Cit�� Attomev. ��hich ensures the availabilirv of the altemative compliance mechanism in perpetuitv. Section II. Se��erabilit�� If any portion of this Ordinance; or its application to any person or circumstance, is for anv reason held to be in��alid, unenforceable or unconstimtional, b�� a court of competent jurisdiction, that portion shall be deemed se��erable, and such invalidity; unenforceability or unconstitutionality shall not affect the validit�� or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the Cin� of Chula Vista herebv declazes that it �vould have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, dauses or phrases of the Ordinance be declazed invalid, unenforceable or unconstitutional. Section III. Coostruction The City Council of the Citv of Chula Vista intends this Ordinance to supplement. not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in lieht of that intent. Section N. Effective Date This Ordinance shall tal;e effect and be in force on the thirtieth da�� afrer its final passage. Ordinance 3 i01 Page 4 Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented y Approved as to form by � � Kelly G. o �hton, FASLA GI n R. Go gins Director of Development Sen�ices Cit ttorn�y PASSED, APPRO\'ED, and ADOPTED by the City Council of the City of Chula Vista. Califomia, this 14th day of January 2014; by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Coa NAYS: Councilmembers: None ABSENT: Councilmembers: None �t��.t � Cheryl Cox, or ATTEST: �;�'",�,�c at.- °� �NOIE/u� Donna R. Norris, CMC, Citv Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3301 had its first reading at a regular meeting held on the 17th day of December 2013 and its second reading and adoption at a regular meeting of said City Council held on the 14th day of January 2014; and was duly published in summary form in accordance with the requirements of state law and the City Charter. �,�6,,,�g 7 b �i1�- ��'�,4��, Dated Donna R. Norris. CMC. Citv Clerk