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HomeMy WebLinkAboutPlanning Comm Rpts./1996/03/27 (7) PLANNING COMMISSION AGENDA STATEMENT Item ~ Meeting Date: March 27. 1996 ITEM TITLE: Public Hcaring: PCA 96-02: Considcration of an amcndmcnt to thc Planncd Community (PC) Zonc. Public Hcaring: PCA 96-03: Consideration of an amendment to the City of Chula Vista Municipal Code to create the Public/Quasi-Public (PQ) Zone Public Hcaring: PCZ 96-A: Application of said modified Planned Community (PC) Zonc by prezoning ccrtain parcels of land within Planning Arcas One and Three of thc Chula Vista 1995 Sphere of Influcncc Updatc, prczoning thc Otay Watcr District parcel to Public/Quasi-Public (PQ) and prczoning thc Nelson/Sloan rock quarry propcrty to Agriculturc (A-8). Public Hcaring: PCZ 96-A I: Application of thc Public/Quasi-Public Zone by prczoning the San Dicgo County Landfill cxtension in Planning Arca Onc of the Sphcre of Influence Updatc Study. Four related applications have been initiated by the City of Chula Vista as a result of non-Baldwin owned parcels being annexed into the City. These applications are being processed in conjunction with Otay Ranch SPA One review. The first application (PCA 96-02) involves an amendment to the Planned Community (PC) Zone, Section 19.48 of the Chula Vista Municipal Code. The second application (PCA 96-03) proposes an amendment to the Chula Vista Municipal Code to create the Public/Quasi-Public (PQ) Zone. Thc third application (PCZ 96-A) involves applying this modified PC Zone and the newly crcated PQ Zone to miscellancous publiely and non-Baldwin owncd parcels describcd below and prezoning the existing Nclson/Sloan Rock Quarry to A-8. The fourth application (PCZ 96-A I) applics the newly created PQ Zone to the San Diego County Landfill extension. ISSUES: . Perceived downzoning associated with the prezoning of the Southwest Corner, Dauz and Groman properties . Creation of a new zone - the proposed Public/Quasi-Public Zone RECOMMENDA nON: That the Planning Commission conduct a public hearing on the proposed PC Zone amendment (PCA 96-02), the proposed creation of the Public/Quasi-Public Zone (PCA 96-03), the prezoning of certain parcels of land within Planning Areas One and Three of the Chula Vista 1995 Sphere of / _1-;:'. I f --,....- Page 2, Item (, Meeting Date 3/27/96 Influence Update Study (PCZ 96-A), the prezoning of the San Diego County Landfill (PCZ 96- AI): and Approve the attached Resolutions of Approval and fOr\vard said rccommendatlOns and attached draft Ordinances to the City Council. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: I. Amendment to Planned Community Zone (PCA 96-02) A. Background/Proposal: The primary purpose of the Planned Community (PC) Zone (Section 19 AX of the Chula Vista Municipal Code) is to providc for ordcrly planning and long-term development of largc tracts of land in order to provide an cnvironmcnt of stable and desirable character. to provide the developer with reasonable assurances that sectional development plans will be acceptable to the City and to enable the City to adopt measures which provide for the development of the surrounding areas compatible with the Planncd Community Zone. Implementation of the PC Zone is currcntly rcstricted to parcels of land undcr unified O\vllcrship and of 50 acres or more and requircs the concurrent submittal of a General Development Plan (GDP). Thc currcnt amendmcnt (see Exhibit A) would allow parcels, which arc contiguous to existing GDPs and under or over 50 acres in size, to be zoned PC without the concurrent adoption of a GDP. Several parcels not owned by thc Baldwin Company, but surrounded by the Otay Ranch, are less than 50 acres in size, with onc parcel larger and arc not a part of thc Otay Ranch Projcet. The proposed modification to the PC Zone would enable the City to prc-zone these less than 50-acre parcels in connection with thc annexation of the Otay Valley Parccl. Additionally, thc PC Zone amendment allows an underlying zonc consistent with the general plan designation for those parcels which do not have, or wish to pursue, an approved GDP. The underlying land use zone would be detennined at the time of prczoning. In order to develop their properties, the affectcd property O\Vllers of the noted parcels would have threc options: L) thc owner could amend the adjaccnt GDP and annex to it in order to be part of the comprehensive Otay Ranch planning effort: 2.) thc O\Vller could seek an underlying land use consistent with the City's General Plan designation for thc site, or 3.) the O\Vl1Cr could makc an application to the City for a Gcneral Plan Amendmcnt to change thc PC zone to some other designation. B. Analvsis: The proposed amendment to the PC Zone would apply not only to the non-Otay Ranch parcels as noted specifically below, but would also apply City-wide since thc amendment is to the City's Municipal Code. The amendment does not undennine the intent of the PC Zone District and will most likely be applied on a limited basis in very specific circumstances. In order for these noted exceptions to apply, a parcel must not only be PCSRZAC.DOC. disc #3 r>..Jarch 14, 1996 Page 3, Item {1 Meeting Datc 3/27/96 under 50 acres in size, but also must be surrounded by, or contiguous to, an existing adopted General Devclopment Plan. The amendment would allow parcels to annex into an existing GDP and be part of a comprehensive planning effort, which would further the goals of the Planned Community Zone District. C. Issues: No major issues have been identified with the proposed zoning text amendments. Zoning text amendments have been addressed in the EIR for SPA One and Annexation (EIR 95- (1) and the EIR for the Sphere ofInfluenee Update (EIR 94-03) D. Conclusion: Staff rccommends that thc Planning Commission adopt the attachcd Rcsolution of Approval (PCA 96-02) and draft Ordinance and forward its recommendations to the City CounciL 2. Creation ofthe Public/Quasi-Public Zone (PCA 96-03) A Background/Proposal: The Public/Quasi-Public (PQ) Zone is being crcatcd (sce Exhibit B) in order to bc applied as a prezoning to certain non-Otay Ranch parcels ofland, such as the Otay Water District and San Dicgo Reservoir parcels. The PQ Zone may also bc applied in thc future as needed for other public agencies land uses within the City. The PQ Zone will also address issues rclated to the landfill expansion should it be annexed to the City in the futurc. However, at this time, an agreement between the City and the County has been reached rcgarding the operating procedures for the landfill, and it will rcmain as a spccial study area within the County. Thc proposed landfill agreement establishes spccific rcgulations and guidelines addressing operations and the eventual closure of the facility. The proposed PQ Zone also includes provisions for closure of the landfill in accordance with all applicable Federal, State and local regulations, including regulations of the State Watcr Rcsources Control Board, the Califomia Waste Managcment Board and the Department of Health Services in the event that the landfill were annexed to the City prior to closure. It should be noted that the proposed PQ Zone also includes water reservoirs and parks as a pennitted use. As noted below, the PQ Zone will be applied to non-Otay Ranch parcels of land (e.g., the City of San Diego water reservoir parcel and Otay Water District parcel) in advance of annexation. B. Analvsis: The purpose of the PQ Zone is to provide for a limited number of unique land uses in appropriate locations which are maintained by public or publicly controlled agencies such as municipal and/or County agencies, school districts or utility companies (e.g., water, gas, clcctricity, etc.) including, but not limited to, the City of San Diego water reservoir and Otay Watcr District parccls as noted above. PCSRZACDOC disc #3 Man:h 14, 1996 10,- / ,-.:- ; f Page 4, Item (j Mecting Date 3/27/96 C. Issues: No major issues have been identified with the proposed creation of the PQ Zone The creation of the PQ Zone has been addressed in the EIR for SPA One and Annexation (ElR 95-(1) and the EIR for the Spherc of Influence Updatc (EIR 94-03) D. Conclusion: Staff recommends that the Planning Commission approve the attached Resolution of Approval (PCA 96-(3) recommending that the City Council adopt the attached draft Ordinance creating thc PQ Zone. 3. Prezoning of Specific Parcels (PCZ 96-A) A. Background/Proposal: The parcels noted in Section B below and illustrated in Exhibits C through I were inItiallv addressed in the Sphere of Influence Update Study, which was approved by the City Council on March 21, 1995. The Sphere of Influencc Update was partially approved by LAFCO on Fcbruary 5, 1996 and is anticipated to be acted upon by LAFCO on April I, 1996. Additionally, the City Council has approved a resolution to petition LAFCO for the annexation of thc Otay Ranch Annexation No. I, which ineludes the Otay Valley Parccl. thc Ranch House, the Inverted "L" property of the Otay Ranch and the Watson McCoy propcrty. The City Council also directed staff to submit an anncxation application for Planning Arcas I and 3 of the Sphcrc Study and the Otay Ranch House property The Annexation Application has been submittcd to LAFCO. The Environmental Impact Report, which addresscs the annexation issues regarding the propcrties noted below is being rcviewed concurrently with this application. While thc applicant is primarily interested in annexing only SPA One, City staff belicves additional territory is necessary for proper planning and future extension of City services to serve the cntirc Otay Vallcy ParceL Thc parcels noted below were included in the annexation and, thcrcfore, are required by State law to be prezoned. The Otay Valley Planning Area is the largest of the Otay Ranch planning areas encompassing approximately 9,000 acres. There are several parccls that arc not part of the Otay Raneh ineluded within this Planning Area that are specifically defined below. Gcnerally, they include parcels of between 9 to 250 acres and include the Nelson/Sloan rock quarry, the Otay Water District, the existing City of San Diego reservoir sitcs and scvcral other privately o"l1ed properties. Planning Area Three is approximately 457 acres in size. Parcels which are not a part of the Otay Ranch inelude the Watson property and the smaller Clarkson property. B. Parcel Infonnation: The following is a list of parcels to be prezoned along with their proposcd prezone designation, the City General Plan designation and the eurrent County General Plan designation. PCSRZAC.DOC. disc li3 :VI arch 14, ]996 Pagc 5, Itcm 2 Mccting Datc 3/27/96 CITY COUNTY PARCEL PRE- GENERAL GENERAL INFORMA nON APN ACRES ZONE PLAN PLAN San Diego Water 644-070-04 19.59 PQ P/QP Intensive Reservoir Parcel Agriculture Clarkson 595-050-05, 7.5 PC Low Res. Multiple Rural 06 0-3 du/ac Residential Dauz, AKA deGraaf, 641-030-09 7.82 PC Open Space Residential-6 Barnabas Fdn. EastLake Land Swap 643-020-40 106.31 PC Low-Med, Intensive & 41; 45-47 Med-High, Agriculture Comm. & Ooen Soace Gerhardt 64 I -060-02, 11.84 PC L-M Res Residential-6 03 (3-6 du/ac) Intensive Ag. Groman 641-030-10 1.82 PC Ooen Soace Residential -6 Otay Water District 643-020- 56.77 PQ P/QP Intensive 08,13,25,26 Agriculture &27 Nelson/Sloan 646-060-06 136.47 A Open Space Multiple Rural Rock Quarry Use Ross 641-030-03 9.9 PC L-M Res. Residential 6 3-6 du/ac Southwest Corner 59.54 PC Open Space Impact Sensitive (54.4) Industrial (5 ac) Burns 645-030-10, 14.94 PC Open Space Impact Sensitive 11,12 Hofer 645-030-07, 14.62 PC Open Space Impact Sensitive 08,09 Kelstrom 645-030-04 5 PC Open Space Impact Sensitive Ostling 645-030-03, 9.98 PC Open Space Impact Sensitive 13 Rabello 645-030-06 5 PC Open Space Impact Sensitive Rowland 645-030-14 5 PC Ooen Soace Industrial Selman 645-030-05 5 PC Ooen Soace Imoact Sensitive Watson 585-150-02 160 PC Low Res (0- Multiple Rural 3 du/ac) Use PCSRZAC.OOC. disc j!J J\.larch 14, 1996 / ,I/o Page 6, Item Q Meeting Date 3/27/96 C. Analvsis: All out-parcel property O\\l1ers were contacted by mail during the processing of SPA One. The O\\l1erS were given the opportunity to meet with staff regarding the development potential on their individual parcels which would exist after annexation into the Citv While many of the property owncrs did not respond, some contacted staff by phonc with questions, and several came in to meet with Planning Departmcnt and Otay Ranch ProJcct staff. Concerns voiced by the property owners dealt with the perception that theIr property would have less development rights if annexed into the Cit), than If it were to remain in the County unincorporated area. Additional meetings were also held with the yanous property owners in the Southwest Comer area, since this general location has unique issues associated with it. Thosc O\Vl1CrS who wcre not able to attcnd thc meetings contacted staff by telephonc. D. Issues: No major issues have been identified with the proposed prezoning for the parcels noted below. The prezonings have been addressed in the EIR for SPA One and Annexation (EIR 95-01) and the EIR for the Sphere ofInfluenee Update (EIR 94-03) The specific property owners who voiced concern regarding the pre-zoning and annexation are as follows: Parcels surroundcd bv the Otav Ranch Proiect on three sides and locatcd wcst of Paseo Ranchero APN: 641-030-09, Dauz, (AKA Barnabas Foundation), (See Exhibit C) Staff was contacted by Mr. David Van der Ploeg who expressed eoncem that the property would receive grcater development potential within the County than in the City. The Barnabas Foundation is not inherently opposed to the prezoning or annexation but would prefer that their property be purchascd by the SPA One project applicant. If dcveloped within thc County of San Diego under thc Residential-6 designation, the o\'mer would potentially be ablc to develop thcir 7.82-aere parcel with 46 dwelling units. Under the City's current General Plan designation of Opcn Space, the parcel would have the development potentiaL or density transfer potential, of one lot per 10 acres or one dwelling unit. It should be noted, however, that the enactment of the County Resource Protection Ordinance in 1986 would severely restrict the development potential of the property if it were to be developed within the County's jurisdiction due to slopes and habitat. The impact of this ordinance on the development potential of this property would have to be further evaluated to detennine current developmcnt potcntial in the County. As indicated in the chart above, the proposed prezoning of this parcel would be to Pc. As previously indicated in Section I of this report, the owncr would have three options under the PC scenario. It is staffs prefercncc that the parcel be folded into the overall planning effort for the Otay Ranch. Policies are also contained in SPA One that encourage the comprehensive planning of the area west of Paseo Ranchero. APN: 641-030-10, Groman. (See Exhibit C) Staff was contacted by Ms. Groman by telephone who indicated the same concerns that were voiced by Mr. Van der Ploeg. If developed within the County of San Diego under the Residential-6 designation, the O\\l1er PCSRZAC.DOC. disc #3 March 14,1996 Page 7, Item 2 Meeting Date 3/27/96 would potentially be able to develop her 1.82 acre parcel with 10 dwelling units. Under the City's eurrent General Plan designation of Open Space, the parcel would have the development potential, or density transfer potential, of one lot per 10 acres or one dwelling unit. Since this parcel is contiguous to the Dauz (Barnabas Foundation) parcel discussed above, the same constraints are placed on the property by the County's Resource Protection Ordinancc. As indicated above, the proposcd prczoning of this parcel would be to PC, and thc owner would have the three options statcd carlier in the staff report. City staff would, again, prcfer that the parcel be folded into the overall planning effort for the Otay Ranch since the SPA One contains policies that encourage the comprehensive planning of the area west of Pasco Ranchero. APN: 641-030-03, Ross. (Scc Exhibit C) Staff met with Mr. and Mrs. Ross who werc intercsted in the proccss but had no rcal concems with being annexed into thc City or the land use designation they were assigned. If developed in the County under the R-6 designation, the owner would have the potential of developing 59 units. If developed in the City under the underlying L-M Residential standards, the owner would have the developmcnt potential of 44 units at thc mid-point of the dcnsity range. It should bc noted, howevcr, that the future trolley alignment is proposcd to bisect the Ross property which would limit the developability of their parcel. Again, staff would prefer that the area west of Paseo Ranehero be developed as a unit per the policies indicated in SPA One. APN: 641-060-02 & 03, Gerhardt. (See Exhibit C) Staff spoke with Mr. Gerhardt by telephone. He was satisfied with the annexation proposal. The property is surrounded on three sides by Village One. If developed in the County under the R6 designation, the owner would have the potential of developing up to 44 units. If developed in the City under the underlying L-M Residential standards, the owner would have the development potential of 52 dwelling units at the mid-point of the density range. As indicated above, this propcrty is proposcd to be zoned Pc. Parcels Surrounded bv the Inverted "L" Parcel APN: 595-050-05 & 06, Clarkson. (See Exhibit D) Staff was contacted by Mr. Clarkson who indicated that he was satisfied that his property was being annexed into the City and voiced his support of the annexation effort. If developed within the County of San Diego under the Multiple Rural Use designation, the owner would have the development potential of one dwelling unit per 8 acres. Under the City's current General Plan designation of Low Dcnsity Residential (0-3 du/ac), the 7.5-acre parcel would have the development or density transfer potential of 7.5 single-family units As indicated above, the proposed prezoning of this parcel would be to Pc. APN: 585-150-02, Watson. (See Exhibit D) Staff met with Tim Wilson of the Watson Land Company. He voiced his support of the annexation effort and was in favor of his l60-aere parcel being annexed into the City. If developed within the County of San Diego under the Multiple Rural Usc designation, the applicant would have the development potential of one dwelling unit per 8 acres, or 20 single-family units. Under the City's current General Plan designation of Low Density Residential (0-3 du/ac), the l60-aere PCSRZAC.DOC. disc IrJ March 14, 1996 / /.. c./_/ / " ! / . Page 8, Item 2 Meeting Date 3/27/96 parcel would have the development or density transfer potential of 224 single family units, based on the mid-point of the density range. Planning Arca One APN: 643-020-40,41 & 45-47, EastLake Land Swap (See Exhibit E) Staff has met with representatives of the EastLake Company, and they arc supportIve of the annexatIOn and prezoning. If developed within the County of San Diego under the Intensive Agriculture designation, the owner would have the development potential of 40 dwelling units. The Chula Vista Gcneral Plan dcsignates 19 acres of Low-Medium Residential with a mid-point of 85 dwelling units, 45 acres of Medium-High Residential with a mid-point of 653 dwelling units, 52 acres of commercial, II acres of open space and 17 acres of circulation. Approximately 55 acres of this land has already been annexed into the City as part of the EastLake Greens Expansion. APN: 645-030-3-14, Southwest Corner. (See Exhibit F) Staff mct with three of the property owncrs (Bums, Rabello and Hofcr) in Octobcr 1995 and with Mr. Bums and Mr. Hofer again in March 1996. The remaining three OWllers responded by telephone to the letter sent by staff. All were concerned that their property would be potentially downzoned with annexation into the City of Chula Vista. Currcntly, County zoning on all of thesc parcels is A-70 (Limitcd Agriculture), which would allow them to build onc single-family house on a minimum 4-aere parcel as well as limited agricultural uses such as growing of container plants. While the area is proposed to be prezoned PC, the underlying permitted land use would be Agriculture in order to be eonsistcnt with the City's General Plan general plan designation of Open Space. The Open Space designation within the City allows one residential unit per every 10 acrcs. City policies, upon annexation, would allow one dwelling unit pcr legal lot of record. Therefore, in actuality similar development potential could be realized either within the City or the County. In a site visit to the southwcst comer, staff observed that all of thc parcels arc currently vacant except for parcels 645-030-07, 08 and 09 ovmed by Mr. Hofer. Parcels 645-030- 10, II and 12, owned by Mr. Bums, have been rough graded and are otherwise vacant. Staff noted an active trucking business, trailer office building and a metal building being used for truck storage and repair on Mr. Hofer's parcels. We have not been able to verifY with the County whether or not these uses have permits. In the event that they do have permits, they would be annexed into the City as legal non-conforming uses. In thc cvcnt that the uses are not legal, thc OWl1Cr would have to pursue a General Plan Amendment and zone change in order to legalize them. Both owners have indicated to City staff that, if annexed into the City, they prefer to pursuc industrial zoning. The most southerly Parccl 14 is vacant but is dissimilar to the other parcels in the southwest comer in that currently County zoning is M-52 (Limited Industrial). This zone designation allows for a wide variety of industrial and commercial uses. In order to be consistent with the City's General Plan, the area would still have to receive the underlying zone designation of Open Space. The property owner would have to pursue a General Plan Amendment and zone change in order to allow industrial use. PCSRZAC.DOC. disc 1i3 ~1arch 14, ]996 / Page 9, Item Q Meeting Date 3/27/96 APN: 646-060-06, Nelson/Sloan Rock Quarry. (See Exhibit G) The rock quarry has been operating since the mid-1950's within the County of San Diego. It is the intent to pre-zone the quarry to A-8 and allow it to eontinue operation as a legal non-confonning use. The quarry made application to the County for an asphalt batch plant in the late 1980's. This application was never acted on by the County. Should the applicant wish to consider a similar usc onee annexed into the City, an application for a Conditional Use Pcnnit would have to be submitted to thc City. Staff has met with the quarry operator. and they are supportive of annexation as long as they are allowed eontinued operation of their facility. APN: 644-070-04, San Diego Water Reservoir Parcel. (See Exhibit H) The site is currently operating as a reservoir The proposed pre-zoning is to Publie/Quasi-Public which would allow the site to continue operation in its current fonn. The site IS surrounded on three sides by Village Five, is currently operating as a reservoir and is planned for reservoir cxpansion. APN: 643-020-08, 13,25,26 & 27, Otay Water District Parcels (Scc Exhibit I) The above parcels are proposed to be prezoned PQ, which would allow them to function as a water reservoir site. E. Conclusion: Staff recommends that the Planning Commission adopt the attached Resolution of Approval (PCl 96-A) recommending approval of the proposed prezones and forward their recommendation to City Council. 4. Prezoning of the Existing County Landfill (PCl 96-AI) A Background/Proposal: The landfill parcel, as shown in Exhibit J, is 250 acres in size and was initially addressed in thc Sphere of Influcncc Update, which was approved by the Chula Vista City Council on March 21,1995. The Sphere of Influence Study was reviewed and partially approved by LAFCO on February 5, 1996. The approval did not include the landfill or "County peninsula". Full approval is anticipated to be completed by LAFCO on April I, 1996, with a package of items that includes the sphere, annexation, property tax agreement and landfill agreement. The City intends to delete the landfill from the sphere of influence of the City of Chula Vista, and to retain it as a speeial study area in the Sphere. B. Analvsis: Although the landfill is proposed to remain within the unincorporated area of the County, the City of Chula Vista still intends to prezone it to PQ in order to provide the County with assuranees that the City will be supportive of the landfill use on the property, both currently and in the future The County has expressed reservations regarding the landfill being annexed into the City, and is concemed with the potential for the City exercising land use controls over the facility and charging host fees. PCSRZAC.DOC. disc fl3 i\1arch 14, 1996 -1/, / /)'r:./ Pagc 10, Itcm (j Meeting Date 3/27/96 C. Conclusion: Staff recommends that the Planning Commission adopt the attached ResolutIOn of Approval (PCZ 96-AI) recommending approval of the proposed prezone and forward theIr recommcndation to the City Council. Attachments Exhibit A: Proposed amendment to PC Zone Exhibit B: Proposed PQ Zone Exhibit C: Dauz, Groman, Ross, Gerhardt parcels Exhibit D: Watson, Clarkson parcels Exhibit E: EastLake land swap parcels Exhibit F: Southwest comer parcels Exhibit G: Nelson Sloan Rock Quarry parcels Exhibit H: San Dicgo Watcr Rcscrvoir parcel Exhibit I Otay Water District parcel Exhibit J Landfill parcel Exhibit K: Annexation Map Resolution of Approval PCA 96-02/PCZ 96-A and Draft City Council Ordinance Resolution of Approval PCA 96-03/PCZ 96-A I and Draft City Council Ordinance PCSRZAC.DOC. disc H3 ]\Iarch 14, 1996 "",/ .- PROPOSED MODIFICATIONS TO TITLE 19 TO PERMIT ADOPTION OF PC PREZONING DESIGNATION ON PROPERTY LESS THAN FIFTY (50) ACRES IN SIZE WITHOUT APPROVAL OF GDP 19.48.020 Regulations generally-Minimum acreage-Ownership restrictions. A. P-C zones may be established on parcels of land which are suitable for. and of sufficient size to be planned and developed in a manner consistent with the purpose of this chapter anu the objectives of this division. No P-C zone shall include less than fifty acres of contiguous [anus: B. All land in each P-C zone. or approved section thereof. shall be held in one ownership or under unified control unless otherwise authorized by the planning commission. except as provideu for in Sectionl9.48.160. For the purposes of this chapter, the wrinen consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified control. 19.48.030 Application-Method-Documents required. A P-C zone may be initiated by one or more owners, Bf by a developer representing said owners or by the City upon application made in the manner specified in this chapter. 19.4S.070 P-C zone-City council action-Compliance with general development plan required. B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by resolution. the general development plan as defined in Section 19.48.040. except as provided for in Section 19.48.160. 19.48.090 Sectional planning areas and sectional planning area plans-Requirements and content. A. All P-C zones shall be divided into sectional planning areas. except as provided for in Sectioo 19048.160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a P-C zone. and shall be addressed in the text thereof. 19.48.160 P-C Zone-Exceptions. Exceptions to the above requirements include the following: A. Individual parcels under separate ownership or control, but adjacent to land with an approved general development plan wiIJ not require approval of a g"neral development plan concurrent with the adoption of the P.C zone. However, subsequent implementation of the p..c zone pursuant to the provisions contained within this section, and development of said area will require the approval of one of the following: a) An amendment to an adjacent general development plan and adoption andJor amendment of sectional planning area plan which would include the subject area, or b} A precise plan, as defined in Section 19.14.570 through 19.14.581, for development of the area consistent with th" provisions of paragraph C, below. B. Any land area that is subject to the exceptions contained in this section will not be required to have unified ownership or control upon adoption of the P-C zone. However, unified ownership / ,,/ tll r" 1--r I' i- .. :.(, . \ ;> ,./ or control as defined in Section t9.48.020, paragraph B, sball be requiiedofthe subjeclland area prior [0 adoption of an amended general development plan and adoption and/or amendment of a sectional planning area plan. C. Underlying land use regularions, induding permitted, accessory and conditional land llses, for P.C zone areas which do nO! have an approved general development plan shall be subject to the provisions of a zoning designation which would be consistent wirhtbegeneralplan Jand use designation for the property. EstabJishingspecific underlying zoning regulations wi!! occur at the time of adoption of the PC zone. (:\ro.; lone,/la) Rt:v\\cd Ji4!Q6 2 rPcc/ , PROPOSED AME"IDMENT TO TITLE 19 TO CREATE A NEW PUBLIC/QUASI-PUBLIC ZONE Chapter 19.47 P-Q - PUBLIC/QUASI-PUBLIC ZONE Sections: 19.47.010 Purpose. 19.47.020 Pennitted uses. 19.47.030 Accessory uses and buildings. 19.47.040 Conditional uses. 19.47.050 Perfonnance standards. 19.47.060 Siting standards. 19.47.070 Area, lot coverage, yard requirements. 19.47.080 Site plan and architectural approval. 19.47.090 Landfill closure. 19.47.100 Exceptions. 19.47.010 Purpose. The purpose of the public/quasi-public zone is to provide a zone with uses in appropriate locations which are maintained by public or publicly controlled agencies such as municipal and/or County agencies. school districts, or utility companies (e.g., water, gas, electricity. etc.), including but not limited to uses such as the County landfill and various water reservoir sites. The regulations of this district also provide for the appropriate closure of existing landfill sites. 19.47.020 Pennitted uses. Permitted uses in the PQ zone are as follows: A. Agricultural uses including grazing and livestock raising; B. Water reservoirs; and. C. Public parks. 19.47.030 Accessory uses and buildings. Accessory uses permitted in the PQ zone include the following: A. Caretakers units, as accessory to the principal permiued or conditionally permitted use: and. B. Public utility service and corporation yards. 19.47.040 Conditional uses. Conditional uses permitted in the PQ zone include: A. Sanitary landfills unless excepted by section 19.47.100; ~ , B. Schools; C. Utility substations; D. Cellular facilities; E. Fire stations; F. Post offices; G. Landreclamation projects; H. Recycling collection centers, subject to the provisions of recycling collection centers standards in Section 19.58.345; I. Golf driving ranges,. with or without lighting; J. Hazardous waste facilities, subject to the provisions of Section 19.58.178; K Unclassified uses, as provided in ChapterI9.54; and, L. Any other use whichis determined by the planning commission to be of the same general character. as the above uses . 19.47.050 Performance standards. AIJ existing and future uses permitted by this use title shall be subject to initial and continued compliance with the performance standards in Chapter 19.66. 19.47.060 Siting standards, The foHowing standards shaH govern the siting of facilities in the public/quasi-public zone: A. AH solid waste management operations within the PQ zone shaH comply with all applicable federal, state, and local regulations, including regulations of the State Water Resources Control Board, the California Waste Management Board, and the Department of Health Services. B. The distance from the site to the nearest residential structure shaH be in compliance with all of the state minimum standards for solid waste management. The distance of such sites to residences shaH be sufficient to permit adequate control of noise levels, odor nuisances, traffic congestion, litter nuisances and vectors, 19.47.070 Area, Lot Coverage, Yard requirements. The area, lot coverage and yard requirements will be established tbrough the site plan and architectural permit process. 19.47.080 Site plan and architectural approval. Site plan and architectural approval are required for all uses in the PQ zone, as provided in Sections 19.14.420 through 19.14.480. 19.47.090 Landf'Ill closure. Any sanitary landfilJ existing within the PQ zone which is subject to closure shall be tenninated in a manner which complies with any and all applicable federal, state, and local regulations, including regulations of the State Water Resources Control Board, the California Waste Management Board. and the Deparrment of Health Services and in accordance with any agreements entered into with the City. -2- 1/ /.. .v"\0 ~, 19.47.100 Exceptions. Any sanitary landfill use existing prior to (adov(ion date of (his amendmenr! shall be permitted to continue operating as a legally permitted use provided that the property owner has entered into an agreement with [he City that establishes specific regulations and/or guidelines. r P4 I"I\C 11.11 R~\I\<:d 3'I~iQf, -3- /. /' 7500' . p..?"" G~ "'\~\-'" 1'01'0 ~ /--/ ~ ~O ~ cl" ., -1__/ ... ... ,-- ~~ -------'~-:- " \ - .- /----- .,-- .....63210' / . 725 58' DAUZ I GROMAN PARCELS 9.64 AC. APN.'S 641-030-09 & 10 \0 o 0 ::.\c. ~ z o .-\ "" ~ o 0 ~ "" c. (j) <;. ~ L C) ~ ~ >' 0 \ \ / ROSS PARCEL 9.9AC. APN. 641-030-03 _- SOURCE; G.I.S. C:ICARLOSICFDIAG01.CDR ",0.00' /1/........- ~----~ ... - SW CORNER OF 1/4 SEe. 41 PCZ - 96 - A .../ /~ CHULA VISTA PLANNING DEPARTMENT GERHARDT PARCELS 11.84 AC. \ ,,,.,,, ,.ooo.on " CASE NUM8ER: SCALE; N.T.S. I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON ACREAGE; SEE MAP DATE; 3 - 4 / 96 CllY CLERK DATE DRAWN BY; c.:J.. 'Jnnamb C9 ZONING MAP ~!/?- _T_ CnY(~ CHUlA VISTA CHECKED BY NORTH Ei\~' fo,'t c, ,;2 cf 2640,00' ~ o o M " N ~ ~ M COUNTY OF SAN OIEGO CITY OF CHULA VISTA WATSON LAND CO. PARCEL 160.00 AC. 585-150-02 ~ iLl ~ ~ a: a: I I .320,00' 24 9 25 30 CLARKSON PARCELS 7.50 AC. APN. 'S 595-050-05 & 06 CJ ~ SOURCE: G.1.5. C:\CARLOS\CFDIAG06.CDR CASE NUMBER, pez - 96 - A CHULA VISTA PLANNING DEPARTMENT ACREA.GE: SCALE, N.T.s. I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON SEE MAP --- DATE, 3 - 4 - 96 --- CITY CLERK DATE DRAWN BY, C.:J. 'Jgm=du C9 ZONING MAP .~yr;;. ::-..L_ CHECKED BY, O1'uv CHlJLA V!5rA NORTH (:; h;b.t- D n NW CORNER OF SE QUARTER OF SEC.3 T18S-R1W A M L FEET 790.00 B 2847.43 C 817.34 ---,-~-,~ , 1720.00 D E 1130.00 ------- F 354.59 ----+_.------- G 32718 H 1194.28 38.23 J 618.51 K 1077 .29 L 370.00 M 877 .42 K \ H CASE NUMBER: SOURCE: G.LS. CIICARLOSICFDIAG02.CDR ACREAGE: SCALE: DATE: DRAWN BY, CHECKED BY, PCZ-96-A CHULA VISTA PLANNING DEPARTMENT 106.31 I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON N.T.S. 3 - 4 - 96 CITY CLERK DATE c.:J. 'JEwantkz C) ZONING MAP ~!I?- _J__ C!1'IO< CHUIA VISfA NORTH t::i kJbit ~ .~/c CITY OF CHULA VISTA CITY OF SAN DIEGO OTAY VALLEY RD o''''! \','rIO 'PQ'! SOUTHWEST CORNER PARCELS * APN.'S: OSTLING: KELSTROM: SELMAN: RABELLO: HOFER: BURNS: ROWLAND, 645-030-03 & 13 645-030-04 645-030-05 645-030-06 645-030-07, 08, 09 645-030- 10,11,12 645-030- 14 SW CORNER OF QUARTER SEC. 45 RHO. OTAY SOURCE: G.I.S. CIICARLOSICFDIAG05.CDR CASE NUMBER: PCZ - 96 - A CHULA VISTA PLANNING DEPARTMENT SCALE: N.T.5. I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON ACREAGE: 59.54 DATE, 3-4-96 CIIT CLERK - DATE DRAWN BY, r:..:J. 'J~m~z C) ZONING MAP ~\Ir?- _.J1__ cn,,~ CHULA VlSTA CHECKED BY, NORTH r:'1I;\;h:-\- r , >,.. . .~ SW CORNER OF QUARTER SEC. 37 ROCK QUARRY PARCEL APN. 646-060-06 !J ~ CASE NUM8ER: PCZ - 96 - A CHULA VISTA PLANNING DEPARTMENT SCALE: N.T.S. I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON ACREAGE: 136.47 DATE: 3 - 4 - 96 crn CLERK DATI DRAWN 8Y: C.:J. 'JE<na",ftz C9 ZONING MAP ~!~ --- emOf CHULA VlSfA CH ECKED BY: NORTH f-'i~;h,'t- M ......, ! -? v--/./'''';' ~. CICARLOSICFDlAG07CDR CASE NUMBER: pez - 96 - A ACREAGE: 19.59 SCALE: N.T.S. DATE: 3 - 4 - 96 DRAWN BY: C.:J.. JE'nanckz CH ECKED BY: \ SAN DIEGO WATER RESERVOIR PARCEL APN 644-070-04 SE CORNER OF QUARTER SEC. 28 CHULA VISTA PLANNING DEPARTMENT I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON _..--- -- -_.---_._~-_.__._- DATE CITY CLERK C) ZONING MAP NORTH ~ I .b'..L [A~,,\ JI -------- ~\IIt.- ~~'L- ern Of CHUlA VISfA ~ I! ........ , , TELEGRAPH K L OTAY WATER G DISTRICT PARCELS ~ APN. 'S 643-020-08, 13, 25. 26, & 27 ~ 3= '" <>: <( D. F- E o c T U B v A~ _.- W A 495.76 N 116.10 218.34 0 200.96 670.00 p 186.84 412.54 Q 75.90 100.57 R 150.88 628.95 S 33.31 412.00 T 100.57 585.63 U i 332.27 , 49.28 V 312.00 71.00 W 322.00 62.05 X 1725.00 156.04 Y 230.00 482.35 y, I / B C I I o ! / NW CORNER OF SE QUARTER . OF SEC. 3 T18S-R1W / E F G H K L M S E: G.I.S. C:\CARLOS\ FDIAG04.CDR CASE NUMBER, PCZ - 96 - A ACREAGE: 56.77 SCALE, N.T.S. DATE, 3 - 4 - 96 DRAWN BY, c.:J- 'Jg,ncuu1n CH ECKED BY, CHUIA VISTA PlANNING DEPARTMENT I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCil ON CI1Y CLERK DATE C9 ~!I?- _..:1.._ NORTH ZONING MAP (yhA'61'rX ;</!/ C!1YOf CHUlA VlSl'A \ \ \ \~ ///\ / \ \ \ GTAY lANDFill (P~ N ~, N N 0: SOURCE: G.I.S. \ \ \\; , \ \ - \ \ CASE NUMBER: PCZ - 96 - A CHULA VISTA PLANNING DEPARTMENT ACREAGE: I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCil ON 250.59 SCAlE: NO SCALE OATE: NOVEMBER 2,1995 CITY CLERK DRAWN BY: C9 ZONING MAP c. J. FERNANDEZ CHECKED BY: NORTH v>H--I Lf: \ -: T DATE ~.Vr?- .--"-- an'" CHLJLA \ 151' /1 ~ AREAS OF ANNEXA TION ~ ....-- If; ." 15 o I'; I - - - - - IU Chula VI&ta >.... ,. .... .I .' , , " . ..- :..l1a Vista - --, C1 'q 1_8~n~ry_ Annexation Areas 0.93 o 0.93 Miles ~ Otay Ranch Area r-I Non-DtJy Ranch L--1 ParceJ.- fXf-i IblT Ii. G((X':RA.PNIC ''''F08'V.\TIO.. nsn '" RESOLUTION PCA 96-02lPCZ 96-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL ADOPTION OF AN AMENDMENT TO CHAPTER 19.48 OF THE MUNICIPAL CODE RELATING TO THE PLANNED COMMUNITY (PC) ZONE; APPROVAL OF THE PREZONING OF APPROXIMATELY 600.09 ACRES TO THE PC ZONE, PUBLIC/QUASI-PUBLIC (PQ) ZONE AND THE AGRICULTURE (A) ZONE WHEREAS, applications for an amendment to the Planned Community (PC) Zone and for prezoning 600.09 acres of presently unincorporated land were filed with the City of Chula Vista Planning Department on October 10, 1995 by the City of Chula Vista (" Applicant"), and; WHEREAS, the Municipal Code does not presently allow for the application of the PC Zone on parcels less than 50 acres in size, and; WHEREAS, the annexation of Planning Areas I and 3 and the Ranch House (Exhibit II) will create a need for the application of the PC Zone on parcels ofless than 50 acres ("Project"), and; WHEREAS, the wording of said amendment to Chapter 19.48 is attached as Exhibit I to this resolution, and; WHEREAS, LAFCO policy requires that prior to a city annexing property, said property must be prezoned Thus, the proposed prezoning has been requested in order to bring those certain parcels of Otay Ranch Planning Areas 1 and 3 and the Ranch House, which are to be annexed to the City, into conformance with LAFCO policy ("Project"), and; WHEREAS, those parcels to be prezoned PC are identified by their Assessor Parcel Numbers as: 585-150-02, 595-050-05, 595-050-06, 595-070-26, 641-030-03, 641-030-09, 641-030-10, 641-060-02, 641-060-03, 643-020-40, 643-020-41, 643-020-45, 643-020-46, 643-020-47, 645-030-03, 645-030-04, 645-030-05, 645-030-06, 645-030-07, 645-030-08, 645-030-09, 645-030-10, 645-030-11, 645-030-12, 645-030-13 and 645-030-14, as shown on Exhibit II, and; WHEREAS, those parcels to be prezoned PQ are identified by their Assessor Parcel Numbers as: 643-020-08, 643-020-13, 643-020-25, 643-020-26, 643-020-27 and 644-070-04, as shown on Exhibit II, and; WHEREAS, that parcel to be prezoned A is identified by Assessor Parcel Number 644-060-06, as shown on Exhibit II, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; /1 / .// /. / ,;,.'-<, I' ,/ Planning Commission PC Zone Amendment and Prezoning Page 2 WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, ]996 and April 10, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01 and a Recirculated Second-tier Draft EIR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, the Second-tier EIR incorporates and the Recirculated EIR, by reference, two prior EIRs the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-0] and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21,1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and any other responsible parties, including the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project The adopted mitigation measures are express conditions of approvaL Other requirements are refercnced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project NOW, THEREFORE, BE IT RESOL VED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City CounciL C:\PC^ PCZ.DOC Planning Commission PC Zone Amendment and Prezoning Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this April 10, 1996 by the following vote, to wit AYES NOES ABSENT ATTEST William C Tuchscher II Chairman Nancy Ripley, Secretary Attachments: Exhibit I Exhibit II Draft City Council Ordinance C \PC^]CZ DOC . /}/ C; X,I PROPOSED MODIFICATIONS TO TITLE 19 TO PERMIT ADOPTION OF PC PREZONING DESIGNATION ON PROPERTY LESS THAN FIFTY (50) ACRES IN SIZE WITIlOUT APPROVAL OF GDP I9A8.010 Regulations generally-Minimum acreage-Ownership restrictions. A. P-C zones may be established on parcels of land which are suitable for, and of sufficIent size w be planned and developed in a manner consistent with the purpose of this chapter and ,he objectives of this division. No P-C zone shall include less than fifty acres of contiguous lands. B. All land in each P-C zone. or approved section thereof. shall be held in one ownership or under unified control unless OIherwise authorized by the planning commission, except as provided for in Section 19.48.160. For the purposes of this chapter. the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified control. I9A8.030 Application-Method-Documents required. A P-C zone may be initiated by one or more owners. ef' by a developer representing saId owners or by the City upon application made in the manner specified in this chapter. 19A8.070 P-C zone-City council action-Compliance with general development plan required. B. At the time of adoption of a P-C zone amendment, the city council shall adop!. by resolution. rhe general development plan as defined in Section 19.48.040, except as provided for in Se<:tlOn 19.48.160. 19A8.090 Sectional planning areas and sectional planning area plans-Requirements and content. A. All P-C zones shall be divided into sectional planning areas, except as provided for in Section 19.48,160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a P-C zone. and shall be addressed in the text thereof. 19.48.160 P-C Zone-Exceptions. E.'tceptions to the above requirements im:Iudeihe following: A_ Individualparcels uiiderseparate owi1lirshipQrcontrol, but adjacent to land with an approved general development planwill not requireapprovalofageneraJ developmemplanconcurrent with the adoption of the P-C zone, However;subsequentiinplementationof the P-C zone pUrsuan! to the provisions contained willrin this JiecUon; aruidevelopmem. ofsaJd. areawiIl require the approval of one ofllie fcHowing: a). An ameDdment to an adjacent general development plan and adoption and/or amendment ofsecrionalplanning areapJitn whichwouldinclilde ihesubjec! area, or b) A precise plan; as defined in Section 19~14570 through 19.14.581, fur development of the area consistent wiiht~eprovisionsofp~~raph C;below. ..... . B. Any land area that ii subject to tbeexceptions cOntai:i:ted in this section will notbe required to have unified ownership or control up'o~~~p.ti(m of theP-C zone, However; unified ownership ~ ./'I.r EXHIBIT [ or conrrol as defined in Section 19.48.020. paragraph B, shall be required of the subject land area prior to adoption of an amended general development plan and adoption and/or amendment of a seclional pJaruling area plan. C. Underlying land use regularions. including permitted, accessory and conditional land uses. for P.C zone Jreas which do nO! have an approved general developmem plan shall be subject to the provisions of a zoning designation which would be consiStent with the general plan land use designation for the property. Establishing specific underlying zoning regulations will occur at the tIme of adoprion of the PC zone. (:\pc-,Ofl~ It.11 RI:'VIsc:rl J/4fQ6 2 ~{i/ AREAS OF ANNEXATION '"' .....-- I~ ." 15 o I~ I - - - - - IU Chula Vi.!d I I I I n ... .. .. ).... ,- ... JI" , ) i , , '" .: ..- ~ N I ,$ I Boundary ---- 0.93 o 0.93 Mile.. ----- Non-D!ay Ranch Parcel" ~(ft- -.- r::t: ___ --.: ,.;;' /,; ./ ..... ,",'" ,/' 0lY Of - CHUlA VISTA. Annexation Areas ,<'7r:~; "~~~I:r OIay Ranch Area C(OCRAPHIC INfOg."~TIO" ~nn~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO ADOPT AN AMENDMENT TO CHAPTER 19.48 OF THE MUNICIPAL CODE RELATING TO THE PLANNED COMMUNITY (PC) ZONE (pCA 96-02); APPROVE THE PREZONING OF APPROXIMATELY 600.09 ACRES TO THE PC ZONE, PUBLIC/QUASI-PUBLIC (PQ) ZONE AND THE AGRICULTURAL (A) ZONE (pCZ 96-A) WHEREAS, applications for an amendment to the Planned Community (PC) Zone and for prezoning 600.09 acres of presently unincorporated land were filed with the City of Chula Vista Planning Department on October 10, 1995 by the City of Chula Vista (" Applicant"), and; WHEREAS, the Municipal Code does not presently allow for the application of the PC Zone on parcels less than 50 acres in size, and; WHEREAS, the annexation of Planning Areas I and 3 and the Ranch House (Exhibit II) will create a need for the application of the PC Zone on parcels ofless than 50 acres ("Project"), and; WHEREAS, the wording of said amendment to Chapter 19.48 is attached as Exhibit I to this ordinance, and; WHEREAS, LAFCO policy requires that prior to a city annexing property, said property must be prezoned. Thus, the proposed prezoning has been requested in order to bring those certain parcels ofOtay Ranch Planning Areas I and 3 and the Ranch House, which are to be annexed to the City, into conformance with LAFCO policy ("Project"), and; WHEREAS, those parcels to be prezoned PC are identified by their Assessor Parcel Numbers as 585-150-02, 595-050-05, 595-050-06, 595-070-26, 641-030-03, 641-030-09, 641-030-10, 641- 060-02, 641-060-03, 643-020-40, 643-020-41, 643-020-45, 643-020-46, 643-020-47, 645-030-03, 645-030-04, 645-030-05, 645-030-06, 645-030-07, 645-030-08, 645-030-09, 645-030-10, 645-030- 11,645-030-12,645-030-13 and 645-030-14, as shown on Exhibit II, and; WHEREAS, those parcels to be prezoned PQ are identified by their Assessor Parcel Numbers as: 643-020-08, 643-020-13, 643-020-25, 643-020-26, 643-020-27 and 644-070-04, as shown on Exhibit II, and; WHEREAS, that parcel to be prezoned A is identified by Assessor Parcel Number 644-060- 06, as shown on Exhibit II, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of ~~3 Ordinance No. Page 2 general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996 and April 10, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-0] and a Recirculated Second-tier Draft ErR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, the Second-tier EIR and the Recirculated EIR incorporates, by reference, two prior EIRs the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City ofChula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Draft EIR and the Recirculated EIR held on November 8, 1995, November 15, 1995 and March 27, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996 and April 10, 1996 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 for any California Environmental Quality Act (CEQA) claims. CIPC^]CZ.DOC v1~~ I Ordinance No Page 3 II. ACTION The City Council hereby approves the ordinance to amend the Planned Community Zone finding that it is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports the amendment to the PC Zone, attached as Exhibit 1. The City Council hereby approves the prezoning of600.09 acres to the PC Zone, PQ Zone and the A Zone, identified by their Assessor Parcel Numbers as 585-150-02, 595-050-05, 595- 050-06, 595-070-26, 64]-030-03, 641-030-09, 641-030-10, 64]-060-02, 641-060-03, 643- 020-40, 643-020-4], 643-020-45, 643-020-46, 643-020-47, 645-030-03, 645-030-04, 645- 030-05, 645-030-06, 645-030-07, 645-030-08, 645-030-09, 645-030-10, 645-030-11, 645- 030-12, 645-030-13, 645-030-14, 643-020-08, 643-020-13, 643-020-25, 643-020-26, 643- 020-27, 644-070-04 and 644-060-06 finding that the public necessity, convenience, general welfare and good zoning practice supports the prezoning of said parcels, attached as Exhibit 1. III. PREZONlNG That the property with Assessor Parcel Numbers 595-050-05 and 595-050-06, consisting of approximately 7.5 acres, generally located 2,300 feet west of Proctor Valley Road and 3,800 feet north of Proctor Valley Road, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community. That the property with Assessor Parcel Numbers 643-020-40, 643-020-41, 643-020-45, 643- 020-46, 643-020-47 and 595-070-26, consisting of approximately 128.84 acres, generally located on the east side of the proposed SR 125 alignment, approximately 4,500 feet south of Telegraph Canyon Road, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community. That the property with Assessor Parcel Numbers 645-030-03, 645-030-04, 645-030-05, 645- 030-06, 645-030-07, 645-030-08, 645-030-09, 645-030-10, 645-030- 1 I, 645-030-12, 645- 030-13 and 645-030-14, consisting of approximately 59.54 acres, generally located east of the planned extension of Paseo Ranchero and north of the City of San Diego boundary, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community. That the property with Assessor Parcel Number 644-060-06, consisting of approximately 136.47 acres, generally located on the north side ofOtay Valley Road, on the east side of Rock Mountain Road for a distance of approximately 300 feet, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Agricultural. C:\PCA]CZ.DOC ,~ .-~.: --"- -, :-' Ordinance No. Page 4 That the property with Assessor Parcel Numbers 643-020-08, 643-020-13,643-020-25,643- 020-26 and 643-020-27, consisting of approximately 56.77 acres, generally located south of Telegraph Canyon Road on the west side of proposed SR 125, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Public/Quasi-Public. That the property with Assessor Parcel Number 644-070-04, consisting of approximately 19.59 acres, generally located approximately 500 feet south of Rock Mountain and east of the planned extension of La Media Road, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Public/Quasi-Public. That the property with Assessor Parcel Number 641-030-03, consisting of approximately 9.9 acres, generally located on the north side of East Palomar Street approximately 1,400 feet west of Paseo Ranchero, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community. That the property with Assessor Parcel Number 641-030-09, consisting of approximately 7.82 acres, generally located south of Telegraph Canyon Road, approximately 2,000 feet west of the intersection of Pas eo Ranchero, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community. That the property with Assessor Parcel Number 641-030-10, consisting of approximately 1.82 acres, generally located south of Telegraph Canyon Road, approximately 2,000 feet west of the intersection of Pas eo Ranchero, as diagrammatically presented on the area map attached hereto as Exhibit II, be prezoned Planned Community IV CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. A The ordinance to amend the PC Zone shall take effect and be in full force the thirtieth day from its adoption B. The zoning of those parcels to PC, PQ and A shall become effective at the same time that the annexation becomes effective. VI ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full. C\PCA]CLDOC v1,., / ...'/i~ - ~,'-t' Ordinance No. Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California this May 7, 1996, by the following vote YES NOES ABSENT Shirley Horton, Mayor ATTEST Beverly A Authelet, City Clerk ST ATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 7th day of May, 1996. Executed this 7th day of May, 1996. Beverly A Authelet, City Clerk Attachments: Exhibit I Exhibit II C:\I'C^ PCZ.DOC .r' ,/, /-' PROPOSED MODIFICATIONS TO TITLE 19 TO PERMIT ADOPTION OF PC PREZONING DESIGNATION ON PROPERTY LESS THA1', FIFTY (50) ACRES IN SIZE WITHOUT APPROVAL OF GDP 19.48.020 Regulations generally-Minimum acreage-Ownership restrictions. A P-C zones may be established on parcels of land which are suitable for, and of sufficIent size ro be planned and developed in a manner consistent with the purpose of this chapter and the objectives of this division. No P-C zone shall include less than fifty acres of contiguous lands. B. All land in each P-C zone. or approved section thereof. shall be held in one ownership or under unified control unless otherwise authorized by the planning commission. except as provided for in Section 19.48.160. For the purposes of this chapter, the written consent or agreement of all owners in a P-C zone to the proposed general development plan and general development schedule shall be deemed to indicate unified controL 19.48.030 Application-Method-Documents required. A P-C zone may be initiated by one or more owners. '* by a developer representing said owners or by the City upon application made in the manner specified in this chapter. 19.48.070 P-C zone-City cOW1cil action-Compliance with general development plan requircd. B. At the timc of adoption of a P-C zone amendment, the city council shall adopt. by resolunon. the general development plan as defined in Section 19.48.040, except as provided for in Section 1948.160. 19.48.090 Sectional planning areas and sectional planning area plans-Requirements and content. A. All P-C zones shall be divided into sectional planning areas. except as provided for in Section 19.48.160. These areas of subcommunities shall be depicted on the plan diagram of the general development plan of a P-C zone. and shall be addressed in the text thereof. 19.48.160 P-C Zone-Exceptions. Exceptions to the abovnequirements incIudethefollowing: A. Individual parcels undeneparateoiVl1l:rSruporcontrol, but adjacent to land with an approved general development plan will not requireapprovalofageneral developmenrplanconrurrent with the adoption of the P-C zone. However,subsequent implementation of the P-C zone pursuanr to the provisions contained within.tJ1isJiection. and development of said area will require the approval of one of the following: aJAnamendrnem to anadjacentgeneraJdeveIopment plan and adoption and/or amendment of secrionalj:Jlanning areapJan which wouldindudethe subject area. or b) A precise plan. as defined in~ction19.14.570 through 19.14.581,fordevelopmem of the area consistent with the provisions of Paragraph C.. below. B. Any land area that is subject to theexceptioDS contained in this sectionwiIJ not be required to have unified ownership or control upona.doption oftheP-C zone. However, unified ownership /~) /" ,. EXHIBIT I or control as defined in Seeuon 19.48.020. paragraph B. shall be required of the subject land area prior to adoption of an amended general development plan and adoption and/or amendment of a sectional planning area plan. C. Underlying land use regulations, including permiLred. accessory and conclitional1and uses. for P-C zone areas which do no[ have an approved general development plan shall be subject (0 [he provisions of a zoning designation wlllch would be consistent with the general plan land use designation for the property. Esrablishingspecific underlying zoning regulations will occur at the time of adoption of the PC wne. (,\p'_lonC:,I~1 RevIsed )/4/% 2 c//9 AREAS OF ANNEXATION "" ~ -- I~ 'C 15 o (CD l: , _ _ _ _ _ IU ChuJa Vista n " " , ;" .j .,,- ~ .. N I (1 I~ I Boundary ---- Annexation Areas ~~~ -r- "zE- -~ ~~::.! -"- . ' 01Y OF I CHULA VISTA. I.. Oby Ranch Area 0.93 o 0.93 Mil.. ~ -- Non-Gtay Ranch Parcelh. G(OGRAPHIC 'f"HOIHfIATlO", n~nw EXHIBIT II RESOLUTION PCA 96-03/PCZ 96-Al RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL ADOPTION OF AN AMENDMENT TO CHAPTER 19.47 OF THE MUNICIPAL CODE TO CREATE THE PUBLIC/QUASI-PUBLIC (PQ) ZONE; APPROVAL OF THE PREZONING OF APPROXIMATEL Y 250.59 ACRES TO THE PQ ZONE WHEREAS, an application for an amendment to the Municipal Code to create the PQ Zone and for prezoning 250.59 acres of presently unincorporated land were filed with the City of Chula Vista Planning Department on October 10, 1995 by the City ofChula Vista ("Applicant"), and; WHEREAS, the property is located west of Pas eo Ranchero, approximately 1,000 feet south of East Orange Avenue and 1,500 feet north ofOtay Valley Road, and is diagrammatically presented on the area map attached hereto as Exhibit I, and; WHEREAS, the property consists of approximately 250.59 acres, on which an existing landfill operated by the County of San Diego, is currently located ('LandfiIl'), and; WHEREAS, the Municipal Code does not presently have a PQ Zone, and; WHEREAS, the annexation of Planning Areas 1 and 3 and the Ranch House will produce a need for a new zone with regulations for properties that contain public and quasi-public land uses ("Project"), and; WHEREAS, the wording of said amendment to Chapter 19.47 is attached as Exhibit II to this resolution, and; WHEREAS, LAFCO policy requires that, prior to a city annexing property, said property must be prezoned. Thus, prezoning the existing Landfill as PQ has been requested in order to bring that certain parcel of Otay Ranch Planning Area One, which is to be annexed to the City, into conformance with LAFCO policy ('Project'), and; WHEREAS, that parcel to be prezoned PQ IS identified by Assessor Parcel Number; 644-030-05, as shown on Exhibit I, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning ;;;3/ , . Planning Commission Page 2 PQ Zone Creation and Prezoning Commission Said hearings were continued to March 27, 1996 and April 10, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-0 I and a Recirculated Second-tier Draft ErR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, the Second-tier EIR and the Recirculated EIR incorporate, by reference, two prior EIRs the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere ofInfluence Update EIR 94-03 as well as their associated Findings ofFact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final ErR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby adopts Final Second-Tier Environmental Impact Report EIR 95-01. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. C\PCA96 03.DOC )2/) . '/{ -' , Planning Commission PQ Zone Creation and Prezoning Page 3 PASSED AJ'\TD APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this April 10, 1996 by the following vote, to wit AYES NOES ABSENT ATTEST William C. Tuchscher II Chairman Nancy Ripley, Secretary Attachments: Exhibit I Exhibit II Draft City Council Ordinance C\PCA96 03.DOC ~33 \ \ '" -<J '" '" ~ 0- DTAY lANDFIU ([~ \ \ \ ~\.~.. -r / \ / \ \ \ SOURCE: G.I.S. CASE NUMBER: CHULA VISTA PLANNING DEPARTMENT I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCil ON PCZ - 96 - A ACREAGE: 250.59 SCALE: NO SCALE DATE: NOVEMBER 2, 1995 DATI CITY CURK C) DRAWN BY: ~!~ _r_ ,",Of CHUlA VISTA C. J. FERNANDEZ ZONING MAP CHECKED BY: NORTH ~:':'-:1 2T'=-' PROPOSED AMENDMENT TO TITLE 19 TO CREATE A NEW PUBLIC/QUASI-PUBLIC ZONE Chapter 19.47 P-Q - PUBLIC/QUASI-PUBLIC ZONE Sections: 19.47.010 Purpose. 19.47.020 Pennitted uses. 19.47.030 Accessory uses and buildings. 19.47.040 Conditional uses. 19.47.050 PerfOnnance standards. 19.47.060 Siting standards. 19.47.070 Area. lot coverage, yard requirements. 19.47.080 Site plan and architectural approval. 19.47.090 Landfill closure. 19.47.100 Exceptions. 19.47.010 Purpose~ The purpose of the public/quasi-public zone is to provide a zone with uses in appropriate locations which are maintained by public or publicly controlled agencies such as municipal and/or County agencies. school districts, or utility companies (e.g~, water, gas. electricity, etc.), including but not limited to uses such as the County landfill and various water reservoir sites. The regularions of this district also provide for the appropriate closure of existing landfill sites. 19.47.020 Permitted uses. Pennitted uses int~e PQ zone are ai;folIows: A. Agricultural uses induding graziilg atid livestock raising; B. Water reservoirs; and, . ... . . C. Public parks. 19.47.030 Accessory us"5and buildings. AccesSory Uses permitted in the. PQ zone includethe. following: A. Caretakers units,.aS accessory toineprincipal ptmnittedor conditionil11y permitted use; and, B. PublicutilJty service and corporation yardS. . . . . . . . 19.47.040 Conditional uses. Conditional uses permitted hi the PQ zo,rie uu;lude: A. Sanitarylandfills unless excepted by section 19.47)00; EXHIBIT II 1'"" .~ ;:>1 :;;/ ...) B. Schools; C. Utility substations; D. CeJlufar facilities; E. Fire stations; F. Post offices; G. Land reclamation projects; H. RecyclmgcoJlectioncemers, subject 10 the provisions of recycling collection centers standards in Section 19,58.345; L Golfdrivingranges,with or without lighting; J. Hazardouswast7fa~fities,subject to the provisions of Section 19.58178; K. Uncfas~ified~7~S<!sprovided. in Chapter .] 9 .54; and, L. Any Otheruse\V~icl1'js determined by the planning commission to be of [he same general character as the above uses . 19.47.050 Performance standards. AlJ existing and future uses permitted by this use title shall be subjcct to initial and contInu~d compliance with the performance standards in Chapter 19.66. 19.47.060 Siting standards. The following standards shall govern the siting of faciJities in the public/quasi-public zone: ."-,,. "'..--'.-...-'...-....-,-..,-,.,-.-............,..'-..._.......,.,-,.,'_.,..,...,-..,._.,-..,..,-,.,_......-....... . A. All solid wasiemanagemem operations within the PQ wne shall ccmply with all applicable federal, state, and local regulations, including regulations of the State Water Resour~~s Control Board, the California Waste ManagememBoard, and tbe Deparnnem of Health Services. B. The distance from the site to the nearest residential structure shall be in compliance with all of the state minimum standards for solid waste management. The distance of such sites to residences shall besufficiem to pennit adequate control of noise levels, odor nuisances, traffic congestion, litiernuisances andvt:<;tors. 19.47.070 Area, Lot Coverage, Yardrequkements. The area, lot coverage and yard requirements will be established through the site plan and architectural permii proeess_ 19.47,080 Site plan and 3rchitectUral approval. Site plan and architectUral approval are required foral! uses in the PQ zone, as provided in Sections 19;14.4~O tbrough 12,14,480, ... 19.47.090 Landfill clo$ur~. Any saniiary laridIilIexisting witbin the PQ zone which is subject to closure shall be tenninated in a manner which complies with any and all. applicable federal, state, and local regulations. including regulations oftbe Stare Water Resources Control Board, the California Waste Managemeni Board, and the Department of Health Services and in accordance with any agreements entered into with the City. -2- /) /7 ;/ .,::..-- , . 19.47.100 Exceptions. Any sanitary landfij] use existing prior to (adoNion date of this amendment) shall be permitted to continue operating as a legally permitted use provided that the propeny owner has entered iruo an agreement with the City that establishes specific regulations and/or guidelines. r r<-L/OIH:ltJ) Rcvl~c:d }.'(]4/lJh -3- ;(37 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO AMEND CHAPTER ]9.47 OF THE MUNICIPAL CODE TO CREATE THE PUBLIC/QUASI-PUBLIC (PQ) ZONE (PCA 96-03); TO APPROVE THE PREZONING OF APPROXIMATELY 250.6 ACRES TO THE PQ ZONE (pCZ 96- A]) WHEREAS, an application for an amendment to the Municipal Code to create the PQ Zone and prezone 250.59 acres of presently unincorporated land were filed with the City of Chula Vista Planning Department on October 10, 1995 by the City ofChula Vista ("Applicant"), and; WHEREAS, the property is located west of Pas eo Ranchero, approximately 1,000 feet south of East Orange Avenue and 1,500 feet north ofOtay Valley Road, and is diab'Tammatically presented on the atea map attached hereto as Exhibit !, and; WHEREAS, the property consists of approximately 250.59 acres, on which an existing landfill operated by the County of San Diego, is currently located ("Landfill"), and; WHEREAS, the Municipal Code does not presently have a PQ Zone, and; WHEREAS, the annexation of Planning Areas I and 3 and the Ranch House will produce a need for a new zone with regulations for properties that contain public and quasi-public land uses ("Project"), and; WHEREAS, the wording of said amendment to Chapter 19.47 is attached as Exhibit II to this ordinance, and; WHEREAS, LAFCO policy requires that, prior to a city annexing property, said property must be prezoned. Thus, prezoning the existing Landfill as PQ has been requested in order to bring that certain parcel of Otay Ranch Planning Area One, which is to be annexed to the City, into conformance with LAFCO policy ("Project"), and; WHEREAS, that parcel to be prezoned PQ is identified by Assessor Parcel Number: 644-030-05, as shown on Exhibit I, and; WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least ] 0 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, ] 995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning /} ::>;f /<' J .; Ordinance No. Page 2 Commission. Said hearings were continued to March 27, 1996 and April 10, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Draft Environmental Impact Report (EIR) EIR 95-0 I and a Recirculated Second-tier Draft ErR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, the Second-tier EIR and the Recirculated EIR incorporates, by reference, two prior EIRs the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-0] and the Chula Vista Sphere ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-0] was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, ] 993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 2], 1995, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the ordinance approving the Project The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City ofChula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Draft EIR and the Recirculated EIR held on November 8, ]995, November ]5, 1995, and March 27, ]996, their public hearings held on this Project on November ]5, 1995, March 27, ] 996 and April 10, 1996, and the minutes and resolutions resulting thererrom, 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 for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves the amendment to create the PQ Zone finding that it is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, .:? 37 Ordinance No Page 3 general welfare and good zoning practice supports the amendment the Public/Quasi-Public Zone, attached as Exhibit II. The City Council hereby approves the subsequent preszoning of the patcel identified by its Assessor Parcel Number as 644-030-05, finding that prezoning is consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports the prezoning, attached as Exhibit II. III. PREZONING That the property consists of approximately 250.59 acres, on which an eXlstmg landfill, operated by the County of San Diego, is currently located. That the property is located west of Paseo Ranchero, approximately 1,000 feet south of East Orange Avenue and 1,500 feet north of Otay Valley Road, and is diagrammatically presented on the area map attached hereto as Exhibit I, be prezoned Public/Quasi-Public IV. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations arc prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista v A The ordinance amendment to create the PQ zone shall take effect and be in full force the thirtieth day from its adoption. B. The zoning of that parcel PQ shall become effective at the same time that the annexation becomes effective. VI. ATTACHMENTS All attachments and exhibits are incorporated herein by reference as set forth in full. "'.' ",1" . ,. c{ ~/ :_' , Ordinance No. Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City ofChula Vista, California this May 7, ] 996, by the following vote: YES NOES ABSENT Shirley Horton, Mayor ATTEST Beverly A Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Ordinance No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 7th day of May, ]996. Executed this 7th day of May, ]996. Beverly A Authelet, City Clerk Attachments: Exhibit I Exhibit II ~t// SOURCE: G.I.S. CASE NUMBER: PCZ - 96 - A CHULA VISTA PLANNING DEPARTMENT I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCIL ON ACREAGE: 250.59 SCAlE: NO SCALE DATE: NOVEMBER 2, 1995 CITY CURK DATE c. J. FERNANDEZ C) ZONING MAP ~ \! It- ~J'-- em", CHUIA VISTA DRAWN BY: CHECKEO BY: NORTH EXHIBIT I PROPOSED AMENDMENT TO TITLE 19 TO CREATE A :-IEW PUBLIC/QUASI-PUBLIC ZONE Chapter 19.47 P-Q - PUBLIC/QUASI-PUBLIC ZONE S""tions: 19.47.010 Purpose. 19.47.020 Pennitted uses. 19.47.030 Accessory uses and buildings. 19.47.040 Conditional uses. 19.47.050 Perfonnance standards. 19.47.060 Siting standards. 19.47.070 Area, lot coverage, yard requirements. 19.47.080 Site plan and architectural approval. 19.47.090 Landfill closure. 19.47.100 Exceptions. 19.47.010 Purpose. The purpose ofthe public/quasi-public zone is to provide a zone with uses in appropriate locations which are maintained by public or publicly controlled agencies such as municipal and/or County agencies. schoo] districts, or utility companies (e.g., water; gas, electricity, etc.), including but not limited to uses such as the County landfill and various. water reserVoir sites. The regulations of this district also provide for the appropriate closure of existing landfill sites. 19.47.020 Permitted uses. Permitted uses in the PQ zone are as follows: A. AgriCultural uses including grazing and livestock raising; B. Water re~voirs; and, . C. Public parks. .. 19.47.030 Accessory uses and buildings. Accessory uses permitied in the PQ zone iric1ude t~efollowing: A. Caretakers units, as accessory to thepi-iriCipal permitted Of conditionallY permitted use; and, B. Public utility serviCe and corporation yards. . . . . . 19.47.040 Conditional uses. Conditional uses permitted in the PQ zone include: A. Sanitary landfills unless excepted by section 19.4TlOO; //3 EXHIBIT II ;{ '1 ' B Schools; C. Utility substations; D. Cellular facilities; E. Fire stations; F. Post offices; G. Land reclamation projects; H. Recycling coJlecUon centers, subject to the provisions of recycling collection centers standards in Section 19.58.345; L Golf driving ranges, with or without lighting; J. Hazardous waste facilities, subject to the provisions of Section 19.58. 178; K. Unclassified uses, as provided in Chapter 19.54; and, L. Any other use which is determined by the planning commission to be of the same general character as the above uses. 19.47.050 Performance standards. All eAisting and future uses permitted by this use title shall be subject to initial and continued compliance with the performance standards in Chapter ]9.66. 19.47.060 Siting standards. The followin~staI1dards shall govern the siting of facilities in the public/quasi-public zone: A. All solid wastemanagemenr operations within the PQ zone shall comply with all applicable federal, state;aiJiL!ocaJ regulations, including regulations of the State Water Resourccs Control Board, the california Waste ManagenientBoard, and the Department of Health Services. B. The distance from the site to the nearest residential structure shall be in compliance with all of the stare minimum standards for. solid waste management. The distance of such sites to residences shallbesufficieni to permit adequate control of noise ]evels, odor nuisances, traffic congestiog; litt~r nuisances and. veCtors. . . . 19.47:070 Area, Lot c:oyerage;Yirdre9.uirements, The area, Jot coverage and.yardreqiJirements will be established through the site plan and architectural permiiprocess. 19.47 .080 Slt~planand ~tedural approval. SectionsSI~.rl~2~;;:~t~;~{:4~~ioviti are required for all uses in the PQ zone, as provided in 19.47.090 Landfill qOSure. Any saniiary landfil1existingwirhin the PQzone which is subject to closure shall be terininated in a manrier which complies with any and all applicable federal. state, and local regulations, including reguJationsof theStareWiiter Resources Control Board,. the California Waste Management Board. and the Department of H~althSeryices and in accordance with any agreements entered into with the City. -2- Jt/!/ ..' , / ' 19.47.100 Exceptions. Any sanitary landfiII use existing prior to (adotJIiondate of this amendment) shalI be permitted to continue operating as a legally permitted use provided that the property owner has entered iruo an agreement with the City that establishes specific regulations and/or guidelines. ( 'f"LIOIlC lr.ll Rcvlsed J'Q4Nh -3- ~;jS-