HomeMy WebLinkAboutAttachment 6 - Draft City Council Ordinance for First Amendment
Attachment 6
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT AMENDMENT BETWEEN
THE CITY OF CHULA VISTA, VILLAGE II TOWN CENTER,
LLC AND SUNRANCH CAPITAL PARTNERS, LLC FOR THE
FREEWAY COMMERCIAL NORTH PORTION OF OTAY
RANCH PLANNING AREA 12
WHEREAS, the property which is the subject matter of this Ordinance is identified in the
Development Agreement attached hereto as Exhibit “A” and commonly known as the Freeway
Commercial North (or FC-2) portion of Otay Ranch Planning Area 12 (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 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). The Development Services Director 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 Service 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
Development Agreement Amendment 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 Development Agreement Amendment; and
WHEREAS, 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
Amendment.
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
Ordinance No. _______________
Page 2
proceedings.
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 Amendment for the
project, as described and analyzed in the Third Addendum to Final EIR 02-04, would have
no new effects that were not examined in said Final EIR.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed Development Agreement Amendment is
consistent with the City’s General Plan and Otay Ranch General Development Plan, both
as amended. The Development Agreement and Development Agreement Amendment
implement the General Plan and the Otay Ranch General Development Plan by providing
a comprehensive program to implement the Sectional Planning Area (SPA) Plan
Amendment and Tentative Map. The plans provide design incorporating a mixture of land
uses connected by a walkable system of public streets and pedestrian paths, neighborhood
parks and plazas, retail opportunities, and commercial activities designed to promote a safe
pedestrian environment. The Freeway Commercial North plan, including the number of
residential units, number of hotel rooms, park acreage, and commercial mixed use area, is
consistent with the General Plan and the Otay Ranch General Development Plan, as
amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
Amendment between the City of Chula Vista, Village II Town Center, LLC and SunRanch
Capital Partners, LLC for the Freeway Commercial North portion of Otay Ranch Planning
Area 12 (a copy of which is on file in the City Clerk’s office), finding it consistent with the
California Government Code, adopted City policies, the General Plan, and the Otay Ranch
General Development Plan.
V. 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.
Ordinance No. _______________
Page 3
VI. 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.
VII. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VIII. 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