HomeMy WebLinkAboutOrd 2018-3433ORDINANCE NO. 3433
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND NORTH C.V. WATERFRONT L.P. FOR
THE DEVELOPMENT OF APPROXIMATELY 33 ACRES OF
LAND LOCATED IN THE HARBOR DISTRICT OF THE
CHULA VISTA BAYFRONT MASTER PLAN AREA
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement as “Exhibit A” on file in the office of the City Clerk, consisting of
approximately 33 acres of land located in the Harbor District of the Chula Vista Bayfront Master
Plan (“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 previously certified Environmental Impact Report UPD#83356-EIR-
658/SCH#2005081077,thus, no additional environmental review is required; 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.
July 11, 2018, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission
voted 4-0-3 to approve Planning Commission Resolution PCM18-01 recommending to the City
Council approval of the Development Agreement between the City of Chula Vista and North
C.V. Waterfront L.P. for the development of approximately 33 acres of land located in the
Harbor District of the Chula Vista Bayfront Master Plan Area (“Development Agreement”); and
WHEREAS, on July 17, 2018, 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; and
WHEREAS, staff has reviewed the Development Agreement and determined it to be
consistent with the City’s General Plan and Local Coastal Program, both as amended; and
WHEREAS, North C.V. Waterfront L.P. (“Developer”) requested a variance from the
City’s Balanced Communities Policy (“BCP”), as amended, on the basis that special
circumstances exist that are unique to the development including significant unique public
benefits that will be provided to the community; and
WHEREAS, the Director of Development Services obtained further information
regarding the Developer’s request and performed an independent evaluation of such request; and
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WHEREAS, the City Manager recommends that the City Council approve the
Developer’s request for a variance after his consideration of: (i) the independent evaluation of
the Director of Development Services, (ii) the unique public benefits of the development as
described in Recitals J, K, and L of the proposed Development Agreement, and (iii) the specific
factors to be considered as provided in the BCP.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Planning Commission Record
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on July 11, 2018 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.
Section 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 certified Environmental Impact Report UPD#83356-EIR-
658/SCH#2005081077, would have no new effects that were not examined in said certified EIR
(CEQA Guideline 15168 (c)(2)).
Section III. Consistency with General Plan and Local Coastal Program
The City Council finds that the proposed Development Agreement is consistent with the
City’s General Plan and the City’s Local Coastal Program, both as amended. The Development
Agreement implement the General Plan and the Local Coastal Program by providing a
comprehensive program to implement the Project, as approved.
Section IV. Variance from Balanced Communities Policy
The City Council finds that the proposed development provides unique public benefits to
the community, including those described in Recitals J, K, and L of the proposed Development
Agreement, which constitute special circumstances justifying the approval of Developer’s
request for a variance from the City’s Balanced Communities Policy.
Section V. Action
The City Council hereby adopts an Ordinance approving the Development Agreement
between the City of Chula Vista and North C.V. Waterfront L.P. for the development of
approximately 33 acres of land located in the Harbor District of the Chula Vista Bayfront Master
Plan Area (a copy of which is on file with the City Clerk’s Office), finding it consistent with the
California Government Code, adopted City policies, the General Plan, and the City’s certified
Local Coastal Program, and approving North C.V. Waterfront L.P.’s request for a variance from
the City’s Balanced Communities Policy based on the findings herein.
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Section VI. 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 t he
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.
Section VII. 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.
Section VIII. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section IX. 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.
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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 24th day of July 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas 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. 3433 had its first reading at a regular meeting held on the 17th day of July 2018
and its second reading and adoption at a regular meeting of said City Council held on the 24th
day of July 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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8/6/2018