HomeMy WebLinkAboutOrd 2022-3517ORDINANCE NO. 3517
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE SUNBOW II, PHASE 3 PROJECT TO REZONE FROM
LIMITED INDUSTRIAL TO RESIDENTIAL USES ALLOWING
UP TO 534 MULTI-FAMILY MEDIUM-HIGH-DENSITY
RESIDENTIAL DWELLING UNITS AND 184 MULTI-FAMILY
HIGH-DENSITY RESIDENTIAL DWELLING UNITS ON SIX
PARCELS, A 0.9-ACRE COMMUNITY PURPOSE FACILITY
SITE, ON-SITE STREETS, OPEN SPACE AND MSCP
PRESERVE OPEN SPACE
WHEREAS, the area of land which is the subject of this Resolution is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and is commonly known as
Sunbow II, Phase 3, and for the purpose of general description consists of 135.7 -acres within the
Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue
and Olympic Parkway (Project Site); and
WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved
the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0-
acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and
WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been
built out and the PA23 site has remained vacant; and
WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a
Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC
(Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the
PA23 land from industrial to residential uses and in exchange would provide funding that can be
used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other
signature project; and
WHEREAS, applications to consider such amendments to the City of Chula Vista General
Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3
SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and
Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development
Services Department on February 26, 2020 by the Applicant; and
WHEREAS, the applicant proposes to rezone 67.5-acres of developable land on the
Project Site from light industrial to residential uses resulting in up to 534 multi-family medium-
high-density residential dwelling units and 184 multi-family high-density residential dwelling
units (718 total units) on six parcels, a 0.9-acre Community Purpose Facility site, on-site streets,
open space, to rezone 6.5-acres from light industrial to Open Space Preserve, to rezone 6.4-acres
Open Space Preserve to residential uses, and designate the remaining 68.2-acres as Multiple
Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a
conserved wetland resource area on sixteen parcels (Project); and
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Ordinance No. 3517
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WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that there
is substantial evidence, in light of the whole record, that the project may have a significant effect
on the environment; therefore, the Director of Development Services has caused the preparation
of an Environmental Impact Report (EIR20-0002); and
WHEREAS, the development of the Property has been the subject matter of a General Plan
Amendment (MPA20-0012), Sunbow II General Development Plan Amendment (MPA20-0013)
and Sunbow II, Phase 3 SPA Plan Amendment (MPA20-0006) approved by the City Council
immediately prior to this action; 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 0-6 recommending the City Council deny the
approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a
mix of land uses on the site be considered; 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:
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Ordinance No. 3517
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Section I. Action
The City Council hereby adopts an Ordinance approving the Sunbow II, Phase 3 Rezone,
Exhibit B attached hereto and incorporated herein by this reference, finding that it is consistent
with the City of Chula Vista General Plan, the Sunbow II General Development Plan and all other
applicable Plans.
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.
[SIGNATURES ON THE FOLLOWING PAGE]
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Ordinance No. 3517
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Presented by Approved as to form by
____________________________ ______________________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of January 2022, by the following vote:
AYES: Councilmembers: Cardenas, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Galvez
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. 3517 had its first reading at a regular meeting held on the 18th day of January 2022,
and its second reading and adoption at a regular meeting of said City Council held on the 25th day
of January 2022; and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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2/7/2022
SUNBOW II, PHASE 3
PROJECT
LOCATION
Attachment 3 - Locator Map
Sunbow II, Phase 3
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Exhibit B
Prior Approved Land Use in 1990 Sunbow II Sectional Planning Area Plan, amended as follows in the
Sunbow II, Phase Sectional Planning Area Plan Amendment.
Site Utilization Plan per Exhibit 4 (page 74)
Site Utilization Table per Table 1 (page 75)
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