HomeMy WebLinkAboutOrd 2024-3571ORDINANCE NO. 3571
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A ZONING CHANGE (ZC22-0003) FOR THE OTAY RANCH
VILLAGE EIGHT EAST SECTIONAL PLANNING AREA
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 Zoning 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 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 Zoning Change from single-family residential to
multifamily residential, allowing for a redistribution of density throughout the Project Site; and
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 a Zoning
Change from single-family residential to multifamily residential, allowing for a redistribution of
density throughout the Project Site, 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
DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1
Ordinance No. 3571
Page No. 2
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 zoning change; and
WHEREAS, City Staff and the City Planning Commission recommend that the City
Council approve and adopt the Zoning Change from single-family residential to multifamily
residential, allowing for a redistribution of density throughout the Project Site; and
WHEREAS, the City Clerk set the time and place for a hearing on the Project, including a
Zoning Change from single-family residential to multifamily residential, allowing for a
redistribution of density throughout the Project Site, 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 of the City of Chula
Vista to consider the Project, including a Zoning Change from single-family residential to
multifamily residential, allowing for a redistribution of density throughout the Project Site.
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 their 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, approved, and
certified the Third Addendum to FEIR 13-01 regarding the Project.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed zoning changes 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,
DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1
Ordinance No. 3571
Page No. 3
retail opportunities, and commercial activities designed to promote a safe pedestrian environment.
The Village Eight East SPA Plan, including the number of residential units, park and plaza
acreages, and commercial mixed-use area, is consistent with the General Plan and the Otay Ranch
GDP, as amended.
IV. ACTION
The City Council hereby adopts an Ordinance approving the Zoning Change for the Otay
Ranch Village Eight East SPA as reflected in the General Plan, Otay Ranch GDP, and Otay Ranch
Village Eight East SPA Plan and Planned Community District Regulations, as amended to allow
change from single-family residential to multifamily residential uses, allowing for a redistribution
of density throughout the Project Site (copies of which are on file in the City Clerk’s office). The
City Council also finds the zoning change consistent with the California Government Code,
adopted City policies, the General Plan, and the Otay Ranch GDP, as amended.
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.
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.
DocuSign Envelope ID: B0B37183-0825-4F21-9499-C79C56ECE1E1
Ordinance No. 3571
Page No. 4
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. 3571 had its first reading at a regular meeting held on the 14th day of May 2024,
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