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Home My WebLink AboutOrd 2014-3311 ORDI?�'ANCE \O. 3311 ORDIt�'.4NCE OF THE CITY OF CHUZA V"IST.A APPROVI?�'G THE SECTIONAL PLANI�TII�'G AREA (SPA) PLAI�TNED COMMUt�iI7'1' DISTRIC7' (FORM BASED CODE) REGULATIONS FOR OTA1' RANCH VILLAGE 9 V�'HERE.AS_ the propem� ��hich is the subject matter of this Ordinance is identified as E�hibit`'A `attached hereto and incorporated herein b} this reference and commonlv kno��n as Ota�� Ranch V illage 9. ��hich consists ofapproximateh�323.1 acres�enerall}�located south of the ezistin� terminus of Eastlal:e Parkwa}� and Hunte Park«-a�- and east of SR-12� (Propem�); and WHEREAS:an application(PCA4-09-19) to consider a ne�v Sectional Plannine Area(SPA) Plan; induding Planned Communin�District Regulations/De�elopment Code(Form Ba"sed Code) for Villaee 9(Project) was filed��ith the City of Chula Vista Development Sen�ices Department on Juh 30, 2009, by Oca�� Land Compan}�. LLC (�.Applicant' and �`O�tiner`): and IVHEREAS. the Project is intended to ensure that the Ota�� Ranch Villaee 9 SPA Plan is prepazed in accordance ��ith the Ota�� Ranch General De�-elopment Plan (GDP) to implement the Cin=of Chula Vista General Plan for Eastem Chula Vista to promote the orderh�plannin� and lon� term phased de��elopment of the Otay Ranch GDP and to establish conditions�chich��II enable Otay Ranch Villase 9 to exist in harmonv within the communirv: and VdHEREAS, the de��elopment of the Propert��has been the subject matter of a General Plan Amendment GPA-09-01. and Ota�� Ranch General De��elopment Plan Amendment GDPA 09-11, pre�iousiv approved bv the Cin� Council on Februarv 26. 2013. by Resolution No. 2013-029 (GPA/GDPA Resolution); and �4�HEREAS. the development of the Propern� relied on the Otav Ranch General Plan Amendment and General De��elopment Plan Amendment Supplemental Environmental Impact Report No. 09-01; SCH T2004081066 (SEIR 09-01); and the Findings of Fact and Mitieation Monitoring and Reporting Program; previously adopted on Februan� 26, 2013; and A'HEREAS, the Project is established pursuant to 7�itle 19 of the Chula Vista Municipal Code. specificalh� Chapter 19.48 (PC) Planned Communitv Zone. ��hich is applicable to the Otav Ra�ch Villaee 9 SPA Plan: and �4�HEREAS; the Project establishes a Form Based Code applicable to the Open Space Preser��e District; Open Space District,Neighborhood Edee District.Neiehborhood General District. Neiehborhood Center District. Urban Neiehborhood District. To��m Center District. Urban Center District.Park District Communin�Purpose Faciliri�District, and lini��ersin�/RTP District,located in the Ota�� Ranch \'illaee 9 SPA Plan: and Ordinance No. 3311 Pa<�e 2 s W'HEREAS. the Cin's Development Sen�ices Director has re��iewed the Project for compliance with the California Environmental Quality Act(CEQA)and determined that the Project would result in a si�rnificant impact to the environment, and therefore. the VillaRe 9 Sectional Planning Area and Tentative Map (TM) Environmenta] ]mpact Report (EIR 10-04) was prepared: and WHEREAS, the Planning Commission set the time and place for a hearine on said Project and notice of said hearing_ to�ether��ith its purpose, ti�as given by its publication in a ne«�spaper of general circulation in the Cirn and its mailine to property owmers within 500 feet of the e�terior boundaries of the Project site at least ten days prior to the hearing; and R'HEREAS. the hearinQ��-as held at the time and place as ad��ertised, namely 6:00 p.m. May 14;2014; in the Cit�-Council Chambers in Building A,276 Fourth Avenue; and due to the Plannin� Commission`s lack ofa recommendation for certification ofthe Pinal Envirorunental Impact Repon (FEIR),the Planning Conunission voted 4-0-2-1 to recommend disapproval ofthe SPA Plan and TM consistent with the provisions ofChula Vista Municipal Code (CVMC) Section 19.48.110; and VJHEREAS;a duly noticed public hearing�vas scheduled before the Cih-Council ofthe Cih� of Chula Vista to approve the Project; and WHEREAS.the proceedings and any documents submitied to the Cit��Council as the decision- mal:ers shall comprise the entire record of the proceedings. NO�'. THEREFORE. THE CITY COLTNCIL of the Citv of Chula V ista does herebv order and ordain as follo�t�s: I. PLANI�'ING COn4MISSIOI�' RECORD The proceedines and all e��idence introduced before the Planning Commission at their public hearins held on A�a�� 14. 2014 and the Minutes and Resolutions resultine therefrom. are hereby incorporated into the record of this proceeding. These documents�alone with an}� documents submitted to the decision-makers, shall comprise the entire record of the proceedings for any CEQA claims. Il. COMPLIANCE V�'ITH CEQA Immediatel}� prior to tliis action, the Cit}� Council reviewed and certified EIR-]0-04 and adopted the Findinas of Fact, Statement of Overriding Considerations, and A7itieation Monitoring and Reporting Program, pursuant to Resolution No. 2014-090. y III. ACTION The Citv Council hereb} adopts an Ordinance appro��ing the Otay Ranch Villa=e 9 SPA Planned Communit}�District Regulations(Forni Based Code).finding that the��are consistent ��ith the Citv of Chula Vista General Plan,the Otay Ranch General De��elopment Plan and all other applicable Plans, as set fonh in Resolution No. 2014-091 adoptine the Villaee 9 SPA Plan, and that the public necessitv, convenience, general welfare and �ood planning and zoning practice support their approval and implementation. Ordinance No. 3311 Pase 3 IV". SEV"ER4BILITI' If am portion of this Ordinance, or its application to am�person or circumstance. is for anv reason held to be invalid: unenforceable or unconstitutional, b� a coun of competent jurisdiction.that portion shall be deemed se��erable,and such in��alidin�, unenforceabilin�or unconstitutionalin•shall not affect the��alidin or enforceabilitv of the remainino ponions of the Ordinance;or its application to any other person or circumstance.The Cin Council ofthe Cih of Chula\Jista hereb��declazes that it��-ould have adopted each section.sentence,clause or phrase of this Ordinance, irrespecti��e of the fact that an�� one or more other sections. sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. V. CONSTRUCTION The Cih- Council of the City of Chula Vista intends this Ordinance to supplement; not to duplicate or contradict, applicable state and federal la«�and this Ordinance shall be construed in liaht of that intent. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the tturtieth dav from and after its adoption. V'II. PUBLICATION The Cin� Clerk shall certifi� to the passaee and adoption oFthis Ordinance and shall cause the same to be published or posted accordina to law. Presented b�� .Appro��ed as to form bv , � Kell� G rouehton, FASLA Glen R. Goo_ins Director of Development Services Cit�� .� tome�� Ordinance No. 331 I PaRe 4 � PASSED, APPROVED. and .ADOPTED b} the Cit�� Council of the Cin� of Chula V"ista, Califomia; this l Oth da� of.Tune 3014, b}�the following vote: Al'ES: Councilmembers: A,uilar, Bensoussan. Ramirez. Salas and Co� NAl'S: Councilmembers: None ABSENT: Councilmembers: None / Chervl Co?�. Mav .ATTEST: �.� Donna R. Noms. CI 4C. irv Clerh STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, Cih� Clerk of Chula Vista; Califomia, do hereby cerlify that the foregoinL Ordinance No. 3311 had its first reading at a regular meeting held on the 3rd day of June 2014 and its second reading and adoption at a regular meeting of said City Council held on the 1 Oth day of June 2014; and�i�as duly published in summarv form in accordance��ith the requirements of state law and the Ciri� Charter. 7 2o i�-� � �_� � Date Donna R. Norris. CA�C. Cit�� Clerk Ordinance No. =311 Pase � L,J �;J �� "� 1 � � � �O � PROJECT LOCATION \ F 0 � ... .. .. .. . . .. .. .. �a�.��ta�� • . �ocnroR o{ Gn;.'pieg° O �,.G u tY °f San n • \ \ � , . HoFni ,• . • EXHIBIT "A"