HomeMy WebLinkAboutAttachment 5 - Draft City Council PC District Regulations Ordinance
ORDINANCE NO. 2019-
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH FREEWAY
COMMERCIAL PLANNED COMMUNITY DISTRICT
REGULATIONS FOR THE NORTHERLY FC-2 PORTION
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 November 16, 2017, 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 (SPA)
Plan (MPA 17-0011), including the 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 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 #1989010154), 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 caused the preparation of a Third Addendum to FEIR 02-
04; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
amendments 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 in the Council
Chambers, 276 Fourth Avenue, and the Planning Commission voted 0-0-0-0 to recommend to the
City Council approval of the subject amendments; and
WHEREAS, the City Clerk 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, a duly noticed public hearing was held before the City Council of the City
of Chula Vista to approve the project.
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 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. COMPLIANCE WITH CEQA
Immediately prior to this action, the City Council reviewed and considered the Third 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 MPA 17-0011 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: Approved as to form by:
_____________________ _______________________
Kelly Broughton, FSALA Glen R. Googins
Development Services Director City Attorney