HomeMy WebLinkAboutOrd 2024-3584ORDINANCE NO. 3584
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A ZONE CHANGE (ZC22-0001) FOR 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.) 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 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
adoption of the Zone Change from commercial to mixed-use to allow up to 840 multifamily
dwellings on the Project Site; and
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 Zone Change; and
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Ordinance No. 3584
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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 an Ordinance approving the Zone Change from commercial to
mixed-use to allow up to 840 multifamily dwellings on 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
September 25, 2024, public hearing on the Project, and the Minutes and Resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These do cuments, 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. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed zone changes are consistent with the
City’s General Plan and Otay Ranch General Development Plan (“GDP”), both as amended. The
zone changes, in conjunction with the approved amendments to the Otay Ranch Freeway
Commercial 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. The Freeway Commercial 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.
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IV. ACTION
The City Council hereby adopts an Ordinance approving the Zone Change for the Otay
Ranch Freeway Commercial SPA as reflected in the General Plan, Otay Ranch GDP, and Otay
Ranch Freeway Commercial SPA Plan and Planned Community District Regulations, as amended
to allow change from commercial to mixed-use to allow up to 840 multifamily dwellings on the
Project Site (copies of which are on file in the City Clerk’s office). The City Council also finds
the zone 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 thi s 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 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. 3584 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 of 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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