Loading...
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 DocuSign Envelope ID: 1BC870B2-6009-4295-B380-251DB1091343 Ordinance No. 3426 Page No. 2 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. DocuSign Envelope ID: 1BC870B2-6009-4295-B380-251DB1091343 Ordinance No. 3426 Page No. 3 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. [SIGNATURE ON FOLLOWING PAGE] DocuSign Envelope ID: 1BC870B2-6009-4295-B380-251DB1091343 Ordinance No. 3426 Page No. 4 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 DocuSign Envelope ID: 1BC870B2-6009-4295-B380-251DB1091343 6/1/2018 Ordinance No. 3426 Page No. 5 EXHIBIT “1” DocuSign Envelope ID: 1BC870B2-6009-4295-B380-251DB1091343