HomeMy WebLinkAboutItem 3 - Attch 5 - CC OrdinanceORDINANCE NO. 2016-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED
COMMUNITY DISTRICT REGULATIONS FOR OTAY
FREEWAY COMMERCIAL
WHEREAS, the parcel, that is the subject matter of this Ordinance, is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and for the purpose of
general description is located in the northern portion of Planning Area 12 of Otay Ranch; and
WHEREAS, on September 24, 2015, a duly verified application was filed with the City
of Chula Vista Development Services Department by Baldwin & Sons (Applicant) requesting
approval of amendments to the Otay Ranch Freeway Commercial Sectional Planning Area Plan
(PCM 12 -16), including Planned Community District Regulations; and
WHEREAS, the project is intended to ensure that the Otay Ranch Freeway Commercial
SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP) to
implement the City of Chula Vista General Plan for Eastern Chula Vista to promote the orderly
planning and long term phased development of the Otay Ranch GDP and to establish conditions,
which will enable Otay Ranch Freeway Commercial to exist in harmony within the community;
and
WHEREAS, the property has been the subject matter of an amendment to the City's
General Plan and the Otay Ranch GDP approved on May 26, 2015 and adopted by City Council
by Resolution No.20 15 -114; and
WHEREAS, the Development Services Director 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 41989010154), and 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 the Second Addendum to FEIR 02-
04; and
WHEREAS, the Development Services Director set the time and place for a hearing on
the project, 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 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m,
August 10, 2016 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and the hearing was thereafter closed; and
Attachment 5
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to approve the project; and
WHEREAS, the proceedings and any documents submitted to the City Council as the
decision makers shall comprise the entire record of the proceedings.
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 August 10, 2016 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
CEQA claims.
IT. COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and considered the Second
Addendum to FEIR 02-04;
III. ACTION
The City Council hereby adopts an - Ordinance approving the Otay Ranch Freeway Commercial
SPA Planned Community District Regulations on file at the office of the City Clerk, finding that
they are consistent with the City of Chula Vista General Plan, the Otay Ranch GDP and all other
applicable plans; as set forth in Resolution PCM -12 -16 adopting the Freeway Commercial SPA
Plan Amendment, and that the public necessity; convenience, general welfare and good planning
and zoning practice support their approval and implementation.
IV. 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
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.
V. 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.
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VII. 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:
Kelly Broughton, FSALA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
Exhibit A
Otay Ranch Freeway Commercial Land Use Districts Map
Eastlake F -1 Freeway Commercial
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