HomeMy WebLinkAboutItem 4 - Attch 5 - Draft CC OrdinanceORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE EASTERN URBAN CENTER
SECTIONAL PLANNING AREA (SPA) PLAN TO CHANGE THE
BUILDING HEIGHT REQUIREMENTS WITHIN A PORTION OF
DISTRICT 1 (MPA16-0003)
1. ` RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Ordinance is diagrammatically
represented in Exhibit A attached hereto and incorporated into this Ordinance, and
commonly known as the Eastern Urban Center (EUC), and for the purpose of general
description herein consists of 207 acres .located adjacent to and east of SR -125,
adjacent to and west of Eastlake Parkway, south of Birch Road and the Otay Ranch
Town Center, and north of the future extension of Main Street (Project Site); and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista
Development Services Department on March 17, 2016 by SLF IV-Millenia, LLC
(Applicant) requesting approval of an EUC Sectional Planning Area (SPA) Plan and
Form Based Code (FBC) amendment to reduce the minimum average height from
three stories to one story within a portion of District I to conform to the footprint of
the Retail Center proposed by Sudberry Properties; and
C. Prior Discretionary Approvals
WHEREAS, the SPA plan approved by the City in September of 2004 includes
boundaries of the building height districts; and
D. Environmental Determination
WHEREAS, The Director of Development Services has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEQA) and
has determined that the proposed project was adequately covered in previously
adopted Final Second Tier Environmental Impact Report (EIR-07-01); therefore, no
further environmental review is required; and
E. Planning Commission Record of Application
WHEREAS, the Director of Development Services set the time and place for a
hearing on the project, and notice of the hearing, together with its purpose, was given
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by its publication in a newspaper of general circulation in the City, and its mailing to
property owners within 500 feet of the exterior boundary of the Project Site at least
ten (10) days prior to the hearing; and
WHEREAS, the Planning Commission held an advertised public hearing on November
9, 2016 on the project to adopt Resolution MPA 16-0003 recommending that the City
Council amend the EUC SPA Plan; and
WHEREAS, the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the project and the minutes and Resolution
resulting therefrom, are incorporated into the record of this proceeding and
F. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the project
application and notices of said hearing, together with its purposes 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 Project Site at least ten (10)
days prior to the hearing; and
WHEREAS, the duly noticed and called public hearing on the Project was held before
the City Council in the Council Chambers in the City Hall, Chula Vista Civic Center,
276 Fourth Avenue, to receive the recommendations of the Planning Commission, and
to hear public testimony with regard to the same.
IL NOW THEREFORE BE IT ORDAINED, that the City Council of the City of Chula Vista
does hereby find and determine as follows:
A. THE SPA PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTERN
URBAN CENTER GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA
GENERAL PLAN AND ITS SEVERAL ELEMENTS.
The City Council finds that the proposed amendment to the EUC SPA Plan is consistent
with the City of Chula Vista General Plan and previously approved EUC plans and
regulations applicable to the Project Site.
B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING
AREAS.
The EUC SPA Plan as amended, will maintain existing provisions and requirements to
ensure the orderly, phased development of the project prior to or concurrent with the need
for required public facilities.
C. THE SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT
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LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL
QUALITY.
The land uses within the EUC SPA Plan are designed to provide compatible development
intensities adjacent to Birch Road and Eastlake Parkway and Village 11. A
comprehensive transit planning program and street network serves the project and
provides for access to off-site adjacent properties. The SPA Plan as amended follows all
existing environmental protection guidelines and will continue to avoid off-site impacts
through the provision of mitigation measures specified in the EUC Final Second -Tier
Environmental Impact Report (EIR 07-01).
III. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista, based upon
the above findings, does hereby approve the EUC SPA Plan as amended and as shown in
Exhibit B, attached hereto and incorporated herein by this reference, subject to the conditions
set forth below:
A. CONDITIONS OF APPROVAL
1. Prior to the 30t1i day after the Ordinance becomes effective, the Applicant shall
prepare a clean copy of the SPA Plan document by deleting all strike out/underlines
and shading. Where the document contains an existing and proposed exhibit, the
previous existing exhibit shall be removed and substituted. In addition, the revised
text, document format, maps and statistical changes within the EUC SPA and FBC
shall be approved by the Director of Development Services for printing prior to
incorporating said revisions into the final document.
2. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall
submit to the Development Services Department 10 copies and a CD of the approved
amendment to the EUC SPA Plan and Planned Community (PC) District
Regulations,
3. The Applicant shall continue to comply with all the conditions of approval of the
Otay Ranch EUC SPA Plan incorporated in Resolution 2009-224 and the adopted
SPA Plan.
III. EFFECTIVE DATE
This ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
Presented by:
Kelly Broughton
Director of Development Services
Approved as to form by:
Glen R. Googins
City Attorney