HomeMy WebLinkAboutOrd 2018-3426ORDINANCE NO. 3426
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED
COMMUNITY DISTRICT REGULATIONS FOR OTAY
RANCH PORTION OF VILLAGE FOUR
WHEREAS, the property which is the subject matter of this Ordinance is identified as
Exhibit “1” attached hereto and incorporated herein by this reference and commonly known as
Otay Ranch Portion of Village Four, which consists of approximately 166.0 acres located on the
east side of Wolf canyon, straddling the future extension of Main Street from La Media Road to
the north and Heritage Road to the southeast (the “Property”); and
WHEREAS, an application (PCM-15-07) to consider a new Sectional Planning Area
(SPA) Plan, including Planned Community District Regulations for the Portion of Village Four
(the “Project”) was filed with the City of Chula Vista Development Services Department on
March 12, 2015, by Otay Valley Quarry, LLC (the “Applicant” and “Owner”); and
WHEREAS, the Project is intended to ensure that the Portion of Village Four SPA Plan is
prepared in accordance with the Otay Ranch General Development Plan (GDP) to implement the
City of Chula Vista’s 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 Village Portion of Four to exist in harmony within the community; and
WHEREAS, the development of the Property has also been the subject matter of a
concurrently processed Otay Ranch General Development Plan Amendment (GDPA) (MPA17-
0006), approved by the City Council; and
WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 Planned Community (PC) Zone, which is applicable to the
Otay Ranch Portion of Village Four SPA Land Use Plan; and
WHEREAS, the Project establishes a Planned Community District Regulation Code
applicable to the Residential, Open Space and Parks, and Community Purpose Facility Districts,
located in the Otay Ranch Portion of Village Four SPA Land Use Plan; and
WHEREAS, the City’s Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that there is
substantial evidence, in light of the whole record before the City of Chula Vista, that the Project
may have a significant effect on the environment; therefore, the Development Services Director
has caused the preparation of an Environmental Impact Report, EIR 17-0001; and
WHEREAS, the development of the Property relied on the Otay Ranch Village Four SPA
Plan Project, Environmental Impact Report No. 17-0001, SCH # 2016041080 (EIR-17-0001);
and the Findings of Fact and Mitigation Monitoring and Reporting Program, Certified by the
City Council on May 15, 2018; and
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WHEREAS, the Planning Commission set the time and place for a hearing on said
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 mailings to property owners within 500 feet
of the exterior boundaries of the Project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised in the City Council
Chambers located at 276 Fourth Avenue, and said hearing was thereafter closed; and
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 Planning Commission
and 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 find and
ordain as follows:
I. PLANNING COMMISSION RECORD
That the proceedings and all evidence introduced before the Planning Commission at
their public hearing 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.
II. ACTION
That the City Council hereby adopts an Ordinance approving the Otay Ranch Portion of
Village Four SPA Planned Community District Regulations, finding that they are
consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan and all other applicable Plans; as set forth in Resolution 2018-085,
adopting the Portion of Village Four SPA Plan, and that the public necessity;
convenience, general welfare and good planning and zoning practice support their
approval and implementation.
III. 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.
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IV. 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.
V. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VI. PUBLICATION
The City Clerk shall certify to the passage and adoption of this Ordinance a nd shall cause
the same to be published or posted according to law.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of May 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3426 had its first reading at a regular meeting held on the 15th day of May 2018
and its second reading and adoption at a regular meeting of said City Council held on the 22nd
day of May 2018; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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EXHIBIT “1”
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