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HomeMy WebLinkAboutItem 1 - Attachment 4 - Draft CC OrdinanceAttachment 4 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER, LLC AND SUNRANCH CAPITAL PARTNERS, LLC FOR THE FREEWAY COMMERCIAL NORTH PORTION OF OTAY RANCH PLANNING AREA 12 WHEREAS, the property which is the subject matter of this Ordinance is identified in the Development Agreement attached hereto as Exhibit "A" and commonly known as the Freeway Commercial North (or FC -2) portion of Otay Ranch Planning Area 12 ( "Property"); and WHEREAS, The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan - Planning Area 12 ( "FEIR 02- 04") (SCH #1989010154). 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 Service Director has prepared an addendum to FEIR 02 -04; and WHEREAS, the Planning Commission set the time and place for a hearing on said Development Agreement and notice of said 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 boundaries of the Property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. April 22, 2015, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 0 -0 -0 -0 to approve Planning Commission Resolution GPA12- 03 /GDPA12 -15 recommending to the City Council approval of the Development Agreement between the City of Chula Vista, Village II Town Center, LLC and Sunranch Capital Partners, LLC for the Freeway Commercial North portion of Otay Ranch Planning Area 12 (the "Development Agreement "); and WHEREAS, on May 5, 2015, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the ordinance to approve the Development Agreement between the City of Chula Vista, Baldwin & Sons, LLC and Sunranch Capital Partners, LLC for Freeway Commercial North (FC -2); and WHEREAS, City staff has reviewed the Development Agreement and determined it to be consistent with the Otay Ranch General Development Plan and the City's General Plan, both as amended. Ordinance No. Page 2 NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on April 22, 2015 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds, based upon their independent review and judgement, that the adoption of the ordinance approving the Development Agreement for the project, as described and analyzed in the Final EIR 02 -04, would have no new effects that were not examined in said Final EIR (CEQA Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed Development Agreement is consistent with the City's General Plan and Otay Ranch General Development Plan, both as amended. The Development Agreement implements the General Plan and the Otay Ranch General Development Plan by providing a comprehensive program to implement the future Sectional Planning Area (SPA) Plan amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, neighborhood parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Freeway Commercial North plan, including the number of residential units, number of hotel rooms, park acreage, and commercial mixed use area, is consistent with the General Plan and the Otay Ranch General Development Plan, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Development Agreement between the City of Chula Vista, Village II Town Center, LLC and SunRanch Capital Partners, LLC for the Freeway Commercial North portion of Otay Ranch Planning Area 12 (a copy of which is on file in the City Clerk's office), finding it consistent with the California Government Code, adopted City policies, the General Plan, and the Otay Ranch General Development Plan. V. SEVERABILITY If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or Ordinance No. Page 3 unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. VI. CONSTRUCTION The City Council of the City 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 light of that intent. VII. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VIII. 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 by Gary Halbert, AICP, PE City Manager Approved as to form by Glen R. Googins City Attorney