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HomeMy WebLinkAboutOrd 2024-3570ORDINANCE NO. 3570 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH VILLAGE EIGHT EAST PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the area of land that is the subject of this ordinance is, for the purpose of general description, located south of the eastern extension of Main Street, east of Otay Ranch Village Eight West, west of State Route 125 (“SR-125”), and north of the Otay River Valley, known as Otay Ranch Village Eight East (“Project Site”); and WHEREAS, on June 17, 2022, a duly verified application was filed with the City of Chula Vista Development Services Department by HomeFed Otay Land II, LLC (“Applicant” or “Developer”) requesting approval of amendments to the City of Chula Vista General Plan (GPA22-0002), the Otay Ranch General Development Plan (GDP22-0002), and the Otay Ranch Village Eight East Sectional Planning Area (“SPA”) Plan (SPA22-0006), including the Planned Community District Regulations, and approval of a Zone Change (ZC22-0003) and a Tentative Map (TM22-0005), all to reflect a change in zoning from single-family residential to multifamily residential, allow for a redistribution of density throughout the Project Site and realignment of internal streets, and accommodate the SR-125 interchange design (“Project”); and WHEREAS, the Project is intended to ensure that the Otay Ranch Village Eight East SPA Plan is prepared in accordance with the Otay Ranch General Development Plan 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 General Development Plan and to establish conditions that will enable the Otay Ranch Village Eight East SPA to exist in harmony within the community; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report (“FEIR”) for the Otay Ranch University Villages (FEIR 13-01; SCH #2013071077; and adopted by City Council Resolution No. 2014-232 on December 2, 2014, with an Addendum adopted by City Council Resolution No. 2016-254 on December 6, 2016; and a Second Addendum adopted by City Council Resolution No. 2021-120 on June 15, 2021), that only minor technical changes or additions to the document are necessary to account for the expected Project impacts, and that none of the conditions described in Section 15162 of the CEQA Guidelines calling for the preparation of a subsequent document exist; therefore, a Third Addendum to FEIR 13-01 was prepared for the proposed Project; and WHEREAS, City Staff recommended that the City Planning Commission recommend that the City Council approve and adopt the amendments to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA; and DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1 Ordinance No. 3570 Page No. 2 WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission of the City of Chula Vista on the Project, including as to the amendments to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA, on April 10, 2024, 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 (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, the hearing on the Project was held at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 6-0-0 to recommend to the City Council approval of the subject amendments; and WHEREAS, City Staff and the City Planning Commission recommend that the City Council approve and adopt the amendments to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA; and WHEREAS, the City Clerk set the time and place for a hearing before the City Council on the Project, including the amendments to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA 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 (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for the Project, a duly noticed public hearing was held before the City Council to consider the Project. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its April 10, 2024, public hearing on the Project 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 Immediately prior to this action, the City Council reviewed, considered, and certified the Third Addendum to FEIR 13-01 regarding the Project. DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1 Ordinance No. 3570 Page No. 3 III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council hereby finds that the amendments to the Planned Community District Regulations for the Otay Ranch Village Eight East SPA are consistent with the City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The zoning changes, in conjunction with the approved amendments to the Otay Ranch Village Eight East SPA Plan and Planned Community District Regulations, implement the General Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional Planning Area Plan Amendment and Tentative Map. The plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. IV. ACTION The City Council hereby adopts an Ordinance approving the amended Otay Ranch Village Eight East Planned Community District Regulations on file at the office of the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch G eneral Development Plan, and all other applicable plans as set forth in City Council Resolution No. 2024- 082 adopting the Otay Ranch Village Eight East SPA Plan amendments and that the public necessity, convenience, and general welfare, as well as good planning and zoning practice support their approval and implementation. 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. 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. DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1 Ordinance No. 3570 Page No. 4 VIII. PUBLICATION The City Clerk shall certify 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 Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of May 2024, by the following vote: AYES: Councilmembers: Chavez, Gonzalez, Morineau, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, 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. 3570 had its first reading at a regular meeting held on the 14th day of May 20 24, and its second reading and adoption at a regular meeting of said City Council held on the 21st day of May 2024 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 DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1 6/17/2024