HomeMy WebLinkAboutAttachment 7 - Draft City Council Ordiance for the First Amendment
ORDINANCE NO. _______
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A FIRST AMENDMENT TO AGREEMENT FOR THE
PROVISION OF COMMUNITY PURPOSE FACILITY
ACREAGE FOR OTAY RANCH VILLAGE TWO BETWEEN
THE CITY OF CHULA VISTA, AND OTAY PROJECT, L.P
WHEREAS, the property which is the subject matter of this Ordinance is identified in the
Community Purpose Facility (CPF) agreement (CPF Agreement) attached hereto as Exhibit “A”
and is commonly known as Village Two of Otay Ranch and for the purpose of general description
herein consists of 775 acres located south of Olympic Parkway, west of LaMedia Road and to the
east and west of Heritage Road (Project Site); and
WHEREAS, the City of Chula Vista and Otay Project, L.P. would like to change the
provision of the Agreement regarding the trigger for the delivery of the CPF Acreage from a fixed
number of units to 75 percent of the total number of units to be constructed in Village 2; 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 Supplemental Environmental Impact Report
(“FSEIR 12-01”) (SCH#2003091012). 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 FSEIR 12-01; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Amendment to the CPF 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 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 First Amendment to the CPF Agreement for Village Two; 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 First Amendment to the
CPF Agreement for Village Two.
NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order
and ordain as follows:
Ordinance No. _______________
Page 2
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
The City Council hereby finds, based upon their independent review and judgement, that
the adoption of the Ordinance approving the First Amendment to the CPF Agreement for
Village Two, as described and analyzed in the Third Addendum to FSEIR 12-01, would
have no new effects that were not examined in said Final Supplemental EIR.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council finds that the proposed First Amendment to the CPF Agreement is
consistent with the City’s General Plan and Otay Ranch General Development Plan, both
as amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Amendment to the CPF
Agreement (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 Glen R. Googins
Director of Development Services City Attorney