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HomeMy WebLinkAboutOrd 2003-2903ORDINANCE NO. 2903 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A' attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Planning Area 12 - Freeway Commercial of the Otay Ranch (Property); and WHEREAS, an application for adoption of the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, was filed with the City of Chula Vista Planning Department on October 13, 1998 by McMillin Otay Ranch, LLC (Applicant); and WHEREAS, the Otay Ranch Company, being joint owners of Freeway Commercial with the Applicant, is a participant in the development and implementation of the Freeway Commercial SPA Plan Planned Community District Regulations; and WHEREAS, the Otay Ranch, Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations (Project) are 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 the Planning Area 12 - Freeway Commercial area of the Otay Ranch area to exist in harmony within the community; and WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations are established pursuant to Tire 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and WHEREAS, the Otay Ranch Freeway Commercial SPA Planned Community District Regulations establish zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project would result in a significant impact to the environment, therefore, a Second-Tier Environmental Impact Report (EIR 02-04) has been prepared; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 99-08) 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 Project site 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., February 19, 2003 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter dosed. Ordinance 2903 Page 2 NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its public hearing held on February 19, 2003 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby found that the Project, as described and analyzed in the Second-Tier Final EIR 02-04, would have no new effects that were not examined in said Final EIR (Guideline 15168 (c)(2)). III. ACTION The City Council hereby adopts an ordinance approving the Otay Ranch Freeway Commercial SPA Planned Community District Regulations as amended by Exhibit "B" attached hereto and incorporated herein, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by Approved as to form by Robert Leiter Planning and Building Director Ann Moore City Attorney Ordinance 2903 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of April, 2003, by the following vote: AYES: NAYS: ABSENT: Councilmembers: Councilmembers: Councilmembers: Davis, Rindone, Salas, McCann, and Padilla None None ATTEST: Stephen/~adilla, Mayor Susan Bigelow, City Cleric' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2903 had its first reading at a regular meeting held on the 1st day of April, 2003 and its second reading and adoption at a regular meeting of said City Council held on the 8th day of April, 2003. Executed this 8th day of April, 2003. Susan Bigelow, City Clerk