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Home My WebLink AboutOrd 2004-2977 ORDINANCE NO. 2977 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Otay Ranch, Freeway Commercial ("Property"); and WHEREAS, an application to amend the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations and associated regulatory documents was filed with the City of Chula Vista Planning Department on April 28, 2004 by General Growth Properties, Inc. ("Applicant"); and WHEREAS, the amended Otay Ranch, Freeway Commercial SPA Plan, Planned Community District Regulations ("Project") and associated regulatory documents are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan are developed 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 the amended Otay Ranch, Freeway Commercial area to exist in harmony within the community; and WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations were established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and WHEREAS, the amended Otay Ranch Freeway Commercial SPA Planned Community District Regulations modify zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial to include two zoning designations, FCl and FC2; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area 12 - Freeway Commercial Plan ("Freeway Commercial SPA Plan") previously approved by the City Council on April 1, 2003 by Resolution No. 2003-132, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04"); and WHEREAS, the amended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 28, 1993, and as amended on May 14, 1996, and November 10,1998; and WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified Final Environmental Impact Report Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan FEIR 02-04; and Ordinance 2977 Page 2 WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FEIR. The amendments are in substantial conformance with the Otay Ranch GDP and SPA on which the FEIR analysis was based and, therefore, approval and implementation of the SPA amendments does not change the basic conclusions of the FEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista; and WHEREAS, the Planning Commission set the time and place for a hearing on said amendments to Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 04-15) and Planned Community District Regulations and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing and its mailing to property owners within 500 feet of the exterior boundaries of the Project site; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 25, 2004 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed; and WHEREAS, by a vote of 6-0, the Planning Commission recommended approval the project; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Amendment and adopting an amendment to the ordinance to modify the Otay Ranch Planning Area 12 - Freeway Commercial SPA Planned Community District Regulations. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 25, 2004 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby finds that the amendment would have no new effects that were not examined in Final EIR 02-04. The City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FEIR. The City Council has reviewed and considered the addendum with the Final EIR and hereby adopts the addendum. III. ACTION The City Council hereby adopts an ordinance approving the amendment to Otay Ranch Freeway Commercial SPA Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development - Ordinance 2977 Page 3 Plan, Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the addendum to the Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04) reflects the independent judgment of the City Council of the City ofChula Vista. V. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by (/-- ~ Ann Moore City Attorney Ordinance 2977 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 21 st day of September, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None d~(!?LI¿ ATTEST: -=- ~.! I ð · í -<., f ð ~ Susan Bigelow, MMC, City Cle STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2977 had its first reading at a regular meeting held on the 14th day of September, 2004 and its second reading and adoption at a regular meeting of said City Council held on the 21st day of September, 2004. Executed this 21 st day of September, 2004. -::: --W cL.- ~~.....c L>. ~ Susan Bigelow, MMC, City CI k t::JL IIIIII \ U 2ì IIII I I i IIIII L) /111111 I I1III Ti IIII \ II \ \ I I I TIllllllilllllJ IlII I \ \ IIII \ I I J nil 111I1 I1111 III ~ "' N Plannina Area 12 '" ~ Villaae 11 R24 o w ~ Otav Ranch Town Center Planning Area 1 2 o 0. o '" 0. R25 ~ .- MU PROJECT lOCATION Eastern Urban Center CHULA VISTA PLANNING AND BUILDING DE PARTM E NT -LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: General Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway & ADDRESS; Birch Road Request: Proposal for a SPA Amendment for a retail development within the Otay Ranch Planning Area 12, Freeway Commercial (86.9 acres) site. SCALE: FILE NUMBER A NORTH No Scale PCM-04-15 Related cases: PCS-DS-D2 EXHIBIT J:\pJanning\carlos\locators\pcm0415cdr 8.17.04