HomeMy WebLinkAboutOrd 2024-3583ORDINANCE NO. 3583
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
AMENDMENTS TO THE OTAY RANCH FREEWAY
COMMERCIAL PLANNED COMMUNITY DISTRICT
REGULATIONS FOR THE SOUTHERLY (FC-1) PORTION OF
THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL
PLANNING AREA
WHEREAS, the areas of land, that is the subject matter of this Ordinance and for the
purpose of general description is located east of State Route 125 (“SR-125”), south of Olympic
Parkway, west of Eastlake Parkway, and north of Birch Road (“Project Site”); and
WHEREAS, on March 24, 2022, a duly verified application was filed with the City of
Chula Vista Development Services Department by General Growth Properties (GGP)-Otay Ranch
L.P. (a wholly-owned subsidiary of Brookfield Property Partners, L.P.) (“Applicant” or
“Developer”) requesting approval of amendments to the City of Chula Vista General Plan
(GPA22-0001), the Otay Ranch General Development Plan (GDPA22-0001), and the Otay Ranch
Freeway Commercial Sectional Planning Area (“SPA”) Plan (SPA22-0001), including the
Planned Community District Regulations, a Zone Change (ZC22-0001), a Tentative Map (TM22-
0002), and a Development Agreement, to reflect the change in zoning from commercial to mixed-
use to allow up to 840 residential units on the subject property (“Project”); and
WHEREAS, the Project is intended to ensure that the Otay Ranch Freeway Commercial
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 Freeway Commercial 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 was substantially covered in the previously adopted Final Environmental Impact Report
(“FEIR”) for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154;
adopted by City Council Resolution No. 2003-131 on April 1, 2003). Minor technical changes or
additions to this document are necessary to account for the expected Project impacts; however,
none of the conditions described in Section 15162 of the CEQA Guidelines calling for the
preparation of a subsequent document exist. A Fourth Addendum to FEIR 02-04 (IS22-0002) was
prepared for the Project; and
WHEREAS, City Staff recommended that the City Planning Commission consider the
certification of the Fourth Addendum and the adoption of the amendments to the General Plan,
the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan,
including Planned Community District Regulations for the Otay Ranch Freeway Commercial
SPA, and consider of a Zone Change, a Tentative Map, and a Development Agreement regarding
the Project; and
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Ordinance No. 3583
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WHEREAS, the Director of Development Services set the time and place for a hearing
before the Planning Commission, 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 was held at the time and place as advertised in the Council Chambers, 276
Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council
approval of the subject amendments to the Planned Community District Regulations for the Otay
Ranch Freeway Commercial SPA; and
WHEREAS, the City Clerk set the time and place for a 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 ten (10) days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held before the City Council of the City of
Chula Vista to consider adopting the Ordinance to approve the amendments to the Planned
Community District Regulations for the Otay Ranch Freeway Commercial SPA.
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
September 25, 2024, public hearing 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 and considered the Fourth
Addendum to FEIR 02-04 (IS22-0002).
III. ACTION
The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway
Commercial SPA 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 GDP
and all other applicable plans; as set forth in Resolution 2024-215 adopting the Freeway
Commercial SPA Plan Amendment (which Resolution 2024-215 is incorporated herein), and that
the public necessity, convenience, general welfare and good planning and zoning practice support
their approval and implementation.
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IV. SERVERABILITY
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.
V. 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.
VI. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
VII. 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.
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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 3rd day of December 2024, by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Morineau, and Preciado
NAYS: Councilmembers: McCann
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. 3583 had its first reading at a regular meeting held on the 12th day of November
2024, and its second reading and adoption at a regular meeting o f said City Council held on the
3rd day of December 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
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