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CC-Ord-V3&Flatrock-SPAAmend&DistRegs-5.26.21-Final.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE SECTIONAL PLANNING AREA (SPA) PLANNED
COMMUNITY DISTRICT (FORM BASED CODE)
REGULATIONS FOR OTAY RANCH VILLAGE THREE AND
A PORTION OF VILLAGE FOUR
WHEREAS, the area of land that is the subject of this Resolution is depicted in Exhibit A
attached hereto and incorporated herein by this reference, and commonly known as Village 3 and a
Portion of Village 4 and for the purpose of general description consists of 484.6 acres within the Otay
Ranch Planned Community (the “Project Site”); and
WHEREAS, on May 29, 2020, a duly verified application requesting approval of Sectional
Plan Area (SPA) Plan Amendments (MPA20-0017) was filed with the City of Chula Vista
Development Services Department by HomeFed Village III Master, LLC/FlatRock Land Company,
LLC (the “Applicant” or “Owner”); and
WHEREAS, the Applicant requests approval of an amendment to the Village Three and a
Portion of Village Four Sectional Planning Area (the “SPA”) Plan, currently approved with the
land uses as depicted in Exhibit B, to expand the SPA boundary to include the FlatRock parcel,
approximately 48.6-acre area, south of Main Street (Village 3 South) which results in a 484.6-acre
SPA Plan area, and further change the land use designations on three parcels: 1) Parcel R-19 from
Professional & Office to 224 units High Residential (APN # 644-061-10-00 and 644-061-11-00);
2) Parcel R-6 from Medium Residential to 78 units Medium-High Residential (APN # 644-062-
01-00 through 644-062-47-00); and 3) Parcel R-20 from Limited Industrial to 116 units Medium-
High Residential (APN # 644-060-13-00) as depicted in Exhibit C (the “Project”); and
WHEREAS, the Project ensures that the Otay Ranch Village Three and a Portion of Village
Four 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 Village Three and a Portion of Village Four to exist in harmony
within the community; and
WHEREAS, the development of the Property has been the subject matter of a General Plan
Amendment MPA20-0018, and an Otay Ranch General Development Plan Amendment 20-0019,
approved by the City Council immediately prior to this action, by Resolution No. 2021-____
(GPA/GDPA Resolution) and amendments to the Village Three and a Portion of Village Four
SPA, by Resolution No. 2021-_____ ; and
WHEREAS, the Project is established pursuant to Title 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, which is applicable to the Otay
Ranch Village Three and a Portion of Village Four SPA Land Use Plan; and
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Page 2
WHEREAS, the City’s Director of Development Services has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
Project is substantially covered in the previously certified Final Environmental Impact Report for
the University Villages EIR (FEIR 13-01) (SCH #2013071077) and that the FlatRock parcel is
substantially covered in the Otay Ranch Village 2, 3 and a Portion of 4 EIR (FEIR02-02) (SCH
#2003091012), that only minor technical changes or additions to FEIR 13-01 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 Director of Development
Services has caused the preparation of an Addendum to FEIR 13-01 (IS20-0003) for consideration;
and
WHEREAS, the Director of Development Services set the time and place for a Planning
Commission public 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, the hearing was held at the time and place as advertised, before the Planning
Commission and the hearing was thereafter closed; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the hearing on the Project, and the Minutes and Resolution resulting therefrom, are incorporated
into the record of this proceeding; and
WHEREAS, the Planning Commission voted to recommend that the City Council approve
the Project; and
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of 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
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior
to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Project at the time and place as advertised in the Council Chambers, 276 Fourth
Avenue, said hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Action
The City Council hereby adopts an Ordinance approving the Otay Ranch Village Three
and a Portion of Village Four SPA Planned Community District Regulations (Form Based Code),
finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development Plan and all other applicable Plans, as set forth in Resolution 2021-_____, adopting
the Village Three and a Portion of Village Four SPA Plan, and that the public necessity,
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convenience, general welfare and good planning and zoning practice support their approval and
implementation.
Section II. 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.
Section III. 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 IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. 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
____________________________ ______________________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
Exhibits A, B & C to be inserted later