HomeMy WebLinkAboutOrd 2024-3585DOC# 2024-0350720
Recording requested Dec 19, 2024 01:22 PM
by: OFFICIAL RECORDS
City of Chula Vista JORDAN Z. MARKS,
After recording return SAN DIEGO COUNTY RECORDER
to: FEES: $0.00 (SB2 Atkins: $0.00)
City Clerk's Office PAGES: 5
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Fee Exempt -
Gov't Code 6103
This space for Recorder's use only
ORDINANCE NO. 3585
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ORDINANCE NO. 3585
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND GENERAL GROWTH PROPERTIES-
OTAY RANCH L.P. FOR THE FREEWAY COMMERCIAL
SOUTH PORTION (FC -1) 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.) 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, 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, 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 Development Agreement; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista to consider adopting the Ordinance to approve the Development Agreement.
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Ordinance No. 3585
Page No. 2
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
The City Council hereby finds, based upon their independent review and judgement, that
the adoption of the Ordinance approving the Development Agreement for the Project, as described
and analyzed in the Fourth Addendum to FEIR 02-04, would have no new effects that were not
examined in said FEIR.
III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL
DEVELOPMENT PLAN
The City Council hereby finds that the proposed Development Agreement is consistent
with the City's General Plan and Otay Ranch General Development Plan ("GDP"), both as
amended. The Development Agreement and Development Agreement implement the General
Plan and the Otay Ranch GDP by providing a comprehensive program to implement the Sectional
Planning Area ("SPA") 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 South (FC -1) 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 Development Agreement
between the City of Chula Vista and GGP-Otay Ranch L.P. for the Freeway Commercial South
portion (FC -1) of the Otay Ranch Freeway Commercial SPA (a copy of which is on file in the
City Clerk's office), finding it consistent with the California Government Code, adopted City
policies, the General Plan, and the Otay Ranch GDP.
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Ordinance No. 3585
Page No. 3
V. 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.
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 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. 3585
Page No. 4
Presented by
DocuSigned by:
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Laura C. Black, AICP
Director of Development Services
Approved as to form by
Signed by
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Marco A. Verdugo
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
DocuSigned by:
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John McCann, Mayor
ATTEST:
DocuSigned by:
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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. 3585 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.
12/10/2024
Dated
DocuSigned by:
Kerry K. Bigelow, MMC, City Clerk