HomeMy WebLinkAboutOrd 2021-3513EMERGENCY ORDINANCE NO. 3513
ORDINANCE OF THE CITY OF CHULA V ISTA
ESTABLISHING AN INTERIM URGENCY ORDINANCE
PROHIBITING USES IN CONFLICT WITH LAND USE
AMENDMENT AND REZONING INITIATION IR19-0026 ON
THE COLLINS AEROSPACE/UNITED TECHNOLOGY
COMPANY CAMPUS THEREBY ENACTING A
MORATORIUM NECESSARY TO PROTECT THE PUBLIC
SAFETY, HEALTH AND WELFARE
WHEREAS, in 1999 the City of Chula Vista, the San Diego Unified Port District and
the former redevelopment agency of the City of Chula Vista entered into a relocation agreement
to create a new campus on the BF Goodrich Aerospace Aero Structures Group campus; and
WHEREAS, in order to help facilitate the development of the new campus, the City
utilized its powers of eminent domain to acquire a 3.02-acre property as a legitimate and lawful
investment; and
WHEREAS, over the last two decades BF Goodrich sold to United Technologies
Aerospace Systems which later was converted to Collins Aerospace and manufacturing
operations were eventually terminated in 2020; and
WHEREAS, with the decision to cease all industrial manufacturing operations at the site
and sell the property, it was appropriate to reevaluate the long-term vision for this special
property that will be surrounded by residential, hotel, and other visitor serving uses on the Chula
Vista Bayfront (the “Bayfront”); and
WHEREAS, on June 18, 2019 the City Council held a public hearing to consider a land
use amendment and rezoning initiation request (IR19-0026) pursuant to Chula Vista Municipal
Code (CVMC) Section 19.14.830; and
WHEREAS, at the conclusion of the June 18, 2019 public hearing, the City Council
adopted Resolution 2019-127 making the following findings: 1) That the proposed Land Use
Plan Amendment is consistent with the goals and policies of the General Plan; 2) That the
proposed Land Use Amendment provides equal or greater public benefit to the community as
compared to the existing land use designation, density/intensity range, or plan policy; and 3)
Public facilities are available to serve the proposed change in land use designation or
density/intensity, or their provision will be addressed as a component of the Land Use Plan
Amendment; and
WHEREAS, on June 18, 2019 the City Council also approved Land Use Amendment
Initiation Request IR19-0026 and directed staff to proceed with processing of a General Plan
Amendment; and
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WHEREAS, since June 2019, city staff has been in communication with Collins
Aerospace and Penwood Wohl, their selected buyer, on more than 50 separate, documented
occasions; and
WHEREAS, in October 2019, staff provided land use recommendations to Collins
Aerospace and Penwood Wohl that would support the realization of the larger vision for the site
as a high-quality, regional visitor-serving destination on the Bayfront; and
WHERAS, in April 2021, Penwood Wohl submitted a pre-application for redevelopment
of the property for industrial use (IR21-0014), against the land use recommendations previously
provided by staff in October 2019 and in conflict with the actions already taken by the City
Council in June 2019; and
WHEREAS, such industrial uses as proposed in the pre-application are in conflict with
the larger vision for the site and its adjacency to the Bayfront and surrounding residential, hotel
and regional visitor-serving land uses and therefore City staff and the City Council must take
urgent action to preserve the integrity of the site and protect the public safety, health and welfare;
and
WHEREAS, pursuant to CVMC Section 19.12.130, the City Council may adopt an
interim ordinance to prohibit such uses in conflict with previous land use actions already taken.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
Section I. Interim Urgency Ordinance Findings
The City Council does hereby approve, accept as its own, incorporate as set forth in full
herein, and make each and every one of the findings contained in this Ordinance pursuant to Gov.
Code 65858(c) as follows:
A. That there is a current and immediate threat to the public health, safety, and welfare,
and that the approval of additional subdivisions, use permits, variances, building
permits, or any other applicable entitlement for use which is required in order to
comply with a zoning ordinance would result in that threat to public health, safe ty,
and welfare.
B. That such industrial uses as proposed in the pre-application are in conflict with the
larger vision for the site and its adjacency to the Bayfront and surrounding residential,
hotel and regional visitor-serving land uses and therefore City staff and the City
Council must take urgent action to preserve the integrity of the site and protect the
public health, safety, and welfare.
C. That financial tax revenue to the City resulting from uses allowed in the general
industrial zone may not support the impacts on adjacent public infrastructure including
roads, public safety facilities, and pedestrian circulation further exacerbating the
protection of the public’s health, safety and welfare.
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D. That previous uses of the property have resulted in significant subsurface soil and
groundwater contamination that has not been fully analyzed and evaluated in order for
uses allowed in the industrial zone to be determined to be safe for public occupation.
E. That in response to the subsurface soil and groundwater contamination, the San Diego
Regional Water Quality Control Board recently released a public review draft of Clean
Up and Abatement Order R9-2021-0042 that identifies the project site as containing
high levels of contamination located both in the soil and groundwater. With this
Interim Urgency Ordinance in place, the property can now be evaluated through a
comprehensive planning effort so redevelopment of the property will protect the
health and wellness of employees, contractors, and future visitors to the project site.
F. That the property being proposed for development was covered by a Specific Plan
approved by the City and new proposals have not been evaluated from a planning
perspective for compatible uses and adjacency conflicts since the Chula Vista
Bayfront Master Plan was approved by the City, Port of San Diego, and the California
Coastal Commission, again further exacerbating the protection of the public’s health,
safety and welfare.
G. That the current and prospective owners of the property previously committed at a
public hearing to City Council that they would conduct a comprehensive planning
analysis of the potential redevelopment of the property prior to pursuing any
development proposal in response to the City’s concern for a cohesive development
pattern adjacent to the Bayfront Hotel and Convention Center.
Section II. Establish Interim Urgency Ordinance
An interim urgency ordinance shall be established to prohibit uses in conflict with land
use amendment and rezoning initiation IR19-0026 on the Collins Aerospace/United Technology
Company Campus thereby enacting a moratorium necessary to protect the public safety, health
and welfare pursuant to CVMC Section 19.12.130. A 4/5 vote of the City Council is required
for the interim urgency ordinance’s passage.
Section III. Severability
If an y 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, unenforceabilit y or
unconstitutionality shall not affect the validity or enforceabilit y 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 hereb y 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.
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Section IV. Effective Date
Pursuant to Government Code 36937, this interim urgency ordinance shall take effect and
be in force on the evening of its passage and shall remain in effect for 90 days. Two one-year-
extensions to the interim urgency ordinance may be implemented following a public hearing and
4/5 vote of the City Council pursuant to CVMC 19.12.060 through 19.12.080.
Section V. Due Process
Where a property owner alleges that a moratorium would cause undue hardship on his
property to the extent that it would constitute a “taking” of property, the owner may request a
public hearing by the City Council to determine if the propert y owner is entitled to relief from
the effects of the moratorium. The City Council shall hold said public hearing within three weeks
from receipt of a written request from the property owner. At the public hearing, the property
owner shall set forth all reasons why relief is appropriate and the City Council may approve,
conditionally approve, or deny relief from the restrictions of the interim urgency ordinance.
Section VI. Publication
The Cit y Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
SIGNATURES ON THE FOLLOWING PAGE
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Presented by Approved as to form by
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
Eric C. Crockett
Deputy City Manager/Director of Economic Development
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of September 2021, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3513 was passed as an emergency measure on the 28th day of September 2021;
and was duly published in summary form in accordance with the requirements of state law and the
City Charter.
Executed this 28th day of September 2021.
Kerry K. Bigelow, MMC, City Clerk
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