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HomeMy WebLinkAbout2007/05/15 Item 4 .."o~o~ ORDINANCE NO. D\~G ~n """ AN ORDINANCE OF THE CITY COUNCILS~~~~~ITY OF CHULA VISTA ADOPTING THE URBAN CORE SPECIFIC PLAN (PCM-07-01) AND RELATED REZONINGS TO IMPLEMENT THE 2005 GENERAL PLAN I. Recitals. A. Specific Plan Boundaries WHEREAS, the Urban Core Specific Plan (UCSP), which is the subject of this Ordinance, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of description is generally located east of 1-5, west of Del Mar Avenue, north of L Street, and south of C Street. The new zoning regulations and design guidelines of the UCSP would only apply to approximately 690 acres, referred to as the "Subdistricts Area" as depicted in Exhibit A. Outside of the Subdistricts Area, existing zoning would not be changed. B. Preparation of the Specific Plan WHEREAS, on May 27, 2003 the City Council by Resolution No. 2003- 236 initiated preparation of the UCSP; and WHEREAS, in January 2004 the consulting firm of RRM Design Group was retained in assist staff in the preparation of the Urban Core Specific Plan; and WHEREAS, on August 3,2004 the City Council appointed an 18 member Advisory Committee to work with the City's staff and consultant team and the community in developing some of the major components of the UCSP; and WHEREAS, monthly meetings of the UCSP Advisory Committee were held from January through June 2005 to provide direction on significant planning issues; and WHEREAS, following the adoption of the General Plan in December 2005, a preliminary "Public Review Draft" UCSP was presented to the Advisory Committee in March 2006 and a "Public Review" Draft UCSP was prepared; and C. Project Description WHEREAS, the UCSP is the first in a series of significant zoning documents prepared to implement the 2005 General Plan. The new zoning regulations, in particular mixed use and urban core residential zoning districts, if/! -I Ordinance No. Page 2 will ensure the systematic implementation of 2005 General Plan as required by Chula Vista Municipal Code (CVMC) Section 19.06.030 and California Government Code 65860. The zoning regulations contained in the Public Hearing Draft UCSP (PCM 07-01), specifically Chapter VI, will replace existing Municipal Code zoning classifications for the properties within the UCSP Subdistricts Area (Exhibit A) and will introduce new zoning classifications for mixed-use (retail/office), mixed-use with residential, and urban core residential (high-density residential) as anticipated by the 2005 General Plan; and WHEREAS, the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, Chapters V, IX, X, XI and Appendix D of the UCSP provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development; and WHEREAS, the UCSP Environmental Impact Report 06-01 has been prepared as a Program EIR and includes an evaluation of the growth management quality of life thresholds at a programmatic level. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures that address provision of public services and facilities and requires subsequent development projects to contribute to the provision of public services and facilities commensurate with their impact as development occurs over the course of the next 20 years; and D. Planning Commission Record WHEREAS, the Planning Commission held a duly noticed public hearing to consider said project on October 11, 2006 and March 28, 2007; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended that the City Council adopt the UCSP (PCM 07-01); and WHEREAS, the proceedings and all evidence introduced on this application before the Planning Commission at their public hearing held on October 11, 2006 and March 28, 2007, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. Chula Vista Redevelopment Corporation Record WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said project on April 26, 2007; and LIA-Z- Ordinance No. Page 3 WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended that the City Council adopt the UCSP (PCM 07-01); and WHEREAS, the proceedings and all evidence introduced on this application before the Chula Vista Redevelopment Corporation at their public hearing held on April 26, 2007, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01) recommends that the City Council of the City of Chula Vista find, determine, resolve and order that the UCSP has been prepared pursuant to CVMC Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01) recommends that the City Council of the City of Chula Vista find, determine, resolve and order that pursuant to CVMC 19.06.030 and Government Code Section 65860 the UCSP is consistent with the 2005 General Plan as supported by the Public Hearing Draft UCSP (PCM 07-01), Final EIR (No.06-01) and analysis including attachments to the agenda statement to the City of Chula Vista Chula Vista Redevelopment Corporation, Redevelopment Agency and City Council dated April 26, 2007 and is supported by public necessity, convenience, general welfare, and good zoning practice; and WHEREAS, the Chula Vista Redevelopment Corporation of the City of Chula Vista, does hereby recommend that the City Council Introduce an ordinance Approving Public Hearing Draft UCSP (PCM 07-01) and Amending the zoning map; and F. Environmental Determination WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and determined that an Environmental Impact Report (EIR) is required. A Final Environmental Impact Report has been prepared for the UCSP and related actions, and is available at least 10 days prior to the City Council hearing date. The Final EIR identifies that the proposed project would result in significant, unmitigated impacts related to air quality, cultural resources, energy, and transportation. Impacts to geology, hazards, hydrology, land use, landform alteration/aesthetics, noise, paleontology, population and housing, public LIA- - 3 Ordinance No. Page 4 services, and public utilities are less than significant or mitigated to less than significant; and WHEREAS, the City Council has exercised their independent review and judgment and concurs that said documents were prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; and G. City Council Record WHEREAS, a duly called and noticed public hearing was held before the City Council on April 26, 2007 on the UCSP and to receive the recommendations of the Planning Commission and Chula Vista Redevelopment Corporation and to hear public testimony with regard to the same; and WHEREAS, the City Council held an advertised public hearing on the project on April 26, 2007, at 6:00 p.m. in the Council Chambers at 276 Fourth Avenue and, after hearing staff presentation and public testimony, the Council voted 3 -1 with Council Member Castaneda absent to approve the UCSP. NOW THEREFORE THE CITY COUNCIL of the City of Chula Vista does hereby ordain as follows: 1. That the UCSP plan is in conformance with the City's General Plan based on the following findings of fact. In December 2005, after a multi-year planning process, the Chula Vista City Council adopted a new General Plan that represents the vision for the City through the year 2030. With the approval of new land use designations under the 2005 General Plan, new zoning regulations, in particular mixed use and urban core residential zoning districts, are required to ensure the systematic implementation of General Plan. The Urban Core Specific Plan (UCSP) is the first in a series of significant zoning documents that would implement the 2005 General Plan. The 2005 General Plan largely focused on the revitalization and redevelopment of the western portion of the city and described a new vision for portions of the City referred to as the "urban core. The long-range vision as described in the 2005 General Plan anticipates that: "The urban core has developed into a vibrant area, with housing; shops; restaurants; entertainment; and activities that attract from eastem Chula Vista and city-wide. Higher density housing, shopping, and job centers are located near the major transit stations, including E Street and Interstate 5; H Street and Interstate 5; and near Third Avenue and H Street. These key activity nodes give people transportation choices, encourage the use of LfA-Lf- Ordinance No. Page 5 mass transit, and help to reduce vehicular traffic. They are accentuated by landmark building design, and for the two Transit Focus Areas at E Street/Interstate 5 and H Street/Interstate 5, strategic use of some taller (high-rise) structures that draw attention, and provide unique identities for these important gateway entrances to the urban core and the bayfront. A network of linked urban parks and plazas creates pleasant pedestrian routes and provides areas for community activities. Increased population (residents and workers) in the Urban Core Subarea has created opportunities for more shops and a variety of restaurants. Entertainment and cultural arts are housed in new and renovated buildings, offering both day and evening activities. The streets are bustling with shoppers and people enjoying outdoor dining or heading to entertainment venues. A grade-separated trolley line at E and H Streets has improved the flow of east-west traffic, while a local shuttle provides frequent service between Urban Core Subarea activity centers. The Bus Rapid Transit (BRT) line allows residents in the East Planning Area convenient access to the Urban Core Subarea. F Street is a pedestrian-oriented promenade that links Third Avenue; the Civic Center; Broadway; the E Street transit center; and the Bayfront Planning Area with themed landscaping and public art. The freeway crossings of Interstate 5 have been widened to accommodate additional pedestrian use, and entryways into the Urban Core Subarea are enhanced and inviting. Chula Vista's Urban Core Subarea has matured into an urban, pedestrian-oriented, active area that continues to be the primary economic, govemmental, and social focal point of the south San Diego County region." The proposed UCSP is based on the objectives provided in the 2005 General Plan and provides further detail on how these objectives will be implemented. The components of the UCSP implement the 2005 General Plan vision of a vibrant urban core and include mobility recommendations, land use and development regulations, development design guidelines and incentives, public realm design guidelines, infrastructure and public facilities improvements, and a community benefits program. Exhibit B also provides a reference to the applicable General Plan Land Use and Transportation Objectives that are implemented through the various chapters of the UCSP. Chapter V - Mobility of the UCSP provides a variety of approaches and strategies to "get people from here to there" as envisioned by the Land Use and Transportation Element of the 2005 General Plan. Improvements for the main thoroughfares and other streets within the Urban Core are identified and address pedestrian, bicycle, transit, automobile and parking opportunities. Traffic calming elements, pedestrian improvements and paseos are introduced to slow traffic and create a more pedestrian-friendly environment. Recommendations for new LfA-5 Ordinance No. Page 6 and upgraded bikeway facilities throughout the area for both recreational and commuting users are also included. As envisioned by the Land Use and Transportation Element of the 2005 General Plan, three transit focus areas within the Urban Core provide multi-modal opportunities for both local and regional transit and a new shuttle loop system serving the Urban Core and Bayfront is proposed. Various roadway network and capacity improvements are proposed, especially in areas where the street grid has been interrupted over time and off- street public parking strategies are also proposed within the Urban Core. Chapter VI - Land Use and Development Regulations of the UCSP establish three different Specific Plan Districts - Village, Urban Core and Corridors which are further defined into sub-districts, each with customized form based regulations and standards. Subdistrict regulations shape the building form and intensity, allowable land uses, and parking requirements. As envisioned by the Land Use and Transportation Element of the 2005 General Plan, land uses are proposed to encourage a mix of pedestrian-oriented commercial uses with higher density residential uses. Development and parking standards encourage locating buildings closer to the street (i.e. with parking behind or tucked under the building).The regulations also stress flexibility and provision of urban amenities such as streetscape improvements, parks, plazas, transit, cultural arts and mixed use. The tallest buildings are allowed at the transit focus areas at 1-5/H Street and 1-5/E Street where support by alternative modes of transportation is readily available. Neighborhood Transition Combining Districts have been created for subdistricts adjacent to R-1 and R-2 zoning areas to protect and buffer existing residential neighborhoods and ensure compatible, stepped-back building heights and setbacks. Special provisions address live/work units, mixed-uses and parking structures. Zoning incentives are provided to encourage development to provide high performance buildings and urban amenities such as parks and plazas beyond required levels. Chapter VII - Development Design Guidelines of the UCSP provide comprehensive design guidelines for development within the three Specific Plan Districts, as well as special guidelines for hotels, mixed-use projects, multi-family residential projects, and sustainability. The form-based guidelines supplement the Specific Plan development regulations to create a more attractive, well- designed urban environment. These guidelines apply to construction, conservation, adaptive reuse, and enhancement of buildings and street scenes. Although no specific architectural style is prescribed, the quality of design is guided by policies addressing site planning, building height/form/mass, building materials/colors, storefront design, landscaping, lighting, parking, circulation, signs and other development considerations. The goal of the guidelines is to create a positive image for the Urban Core and frame the streets and sidewalks with inviting buildings, entrances, awnings and outdoor dining areas. Chapter VIII - Public Realm Design Guidelines of the UCSP focuses on ways to create more attractive and pedestrian-friendly public environments and gathering LfA-0 Ordinance No. Page 7 places. Street furniture, landscaping, sidewalks, crosswalks, lighting, paseos, public art, parks and plaza concepts are defined. Two main themes emerge within the Specific Plan: an art-deco inspired design theme is proposed along Third Avenue, building upon the era when much of the development along the street occurred, and a more contemporary theme is proposed for the remaining public realm areas in the Urban Core, indicative of a forward-looking Chula Vista. Gateway treatments are proposed at six locations to welcome people to the Urban Core and to reinforce the identity of the Urban Core. Based on the above, the City Council does hereby find that the proposed UCSP is consistent with the 2005 General Plan and that the public necessity, conveniences, general welfare, and good zoning practice support its approval and implementation. 2. That the specific plan has been prepared in accordance with the City's Municipal Code and the California Government Code provisions governing specific plans based on the following findings of fact. Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 establish the statutory authority for specific plans. As provided in CVMC Chapter 19.07, "Specific plans may be implemented through the adoption of standard zoning ordinances, the planned community zone, as provided in this title, or by plan effectuation standards incorporated within the text of an individual specific plan. The method of implementing an individual specific plan shall be established and expressed by its adopting resolution or ordinance." The UCSP has been prepared as an implementing document for future land uses, public improvements, and programs as provided for in the 2005 General Plan. The new zoning regulations proposed in the UCSP would replace existing Municipal Code zoning classifications for the UCSP Subdistricts Area and introduce new zoning classifications for mixed-use retail/office, mixed-use residential, and Urban Core (high density) residential as required by the 2005 GP (Reference GP Table 5-4). The following table identifies the mandatory information required in a specific plan pursuant to CVMC 19.07 and Section 65451 of the Government Code and the corresponding chapter(s) where the information is contained in the UCSP. 4/1- 7 Ordinance No. Page 8 Chula Vista Municipal Code Government Code Section Where Section 19.07.011 (as proposed 65451, Requirements Found in to City Council on April 12, 2007) UCSP The specific plan shall include: The specific plan shall include a Chapter II statement of the relationship of the a statement of the relationship of the specific plan to the general pian. specific plan to the general plan. The type, distribution, location, amount, The distribution, location, and Chapters VI,VIII, intensity of all iand uses, within the area extent of the uses of land, including and Appendix E covered by the plan. open space, within the area covered by the plan. The approximate total population Chapters II, IX, anticipated with the Plan's area and Appendix E A depiction of any and all subareas or Chapters II and VI other districts within which the Plan's provisions will be applied. Standards, regulations, criteria and Standards and criteria by which Chapters VI, VII guidelines by which all development shall development will proceed, and and VIII proceed within the Plan and any of its standards for the conservation, subareas or districts. development, and utilization of natural resources, where applicable. The proposed distribution, location, and The proposed distribution, location, Chapters V, VIII, extent and intensity of major components and extent and intensity of major IX, and Appendix of public and private transportation, components of public and private E sewage, water, drainage, solid waste transportation, sewage, water, disposal, energy, and other essential drainage, solid waste disposal, facilities proposed to be located within the energy, and other essential facilities area covered by the plan and needed to proposed to be located within the support the land uses described in the area covered by the pian and plan. needed to support the land uses described in the plan. A program indicating how and when the A program of implementation Chapters IX, X, facilities and services to support the measures including regulations, Appendix D, and developing land uses will be installed or programs, public works projects, Appendix E financed, and including the fOllowing: and financing measures necessary to carry the above. a. A list of facilities and services b An inventorv of Dresent and future LfA-g Ordinance No. Page 9 requirements for each facility and service based upon the City's Growth Management Thresholds Standards c. A phasing schedule that addresses the timing for installation or provisions for required facilities and services. d. A financing program identifying the methods for funding those facilities and services consistent with the phasing schedule, and insures that the funds are spent on said facilities pursuant to the phasing schedule. Provisions and procedures for the Chapters X, XI, comprehensive implementation and and FEIR administration of the Plan The City Council does hereby find that the UCSP has been prepared pursuant to the authority granted in the Chula Vista Municipal Code Section 19.07, Specific Plans, and the California Government Code, Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457 and contains all the mandatory elements identified in Government Code Section 65451. 3. That the associated demands on public facilities and services due to development allowed by the specific plan are identified prior to development, and will be mitigated prior to, or concurrent with the development, and in conformance with the City's Growth Management Ordinance CVMC 19.09 based on the following findings of fact; and 4. That a financing program has been prepared which identifies the methods for funding for those facilities and services, and insures that the funds are spent on said facilities pursuant to the phasing schedule based on the following findings of fact. The General Plan was updated in December 2005 and created a new vision for the city. A large part of that vision focused on the revitalization and redevelopment of western Chula Vista. New growth is planned around "smart growth" principles such as mixed use, and transit oriented development that concentrates infill and redevelopment to select focus areas and corridors to protect stable single family neighborhoods, better utilize land resources, reduce environmental effects and make more efficient use of existing infrastructure. The General Plan calls for the preparation and adoption of specific plans to carry out the vision of the GP in an organized and orderly fashion. The UCSP !fA - 9 Ordinance No. Page 10 implements the policies and objectives of the GPU to direct a portion of the growth expected to occur in the City over the next 20 years to the Urban Core Area, by providing zone changes, development regulations and design guidelines to accommodate future growth. As described above under Finding 2, The UCSP includes an assessment of the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities that would be located within the area covered by the plan and needed to support the land uses described in the plan. In addition, the UCSP includes a program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry the plan. Specifically, Chapters V, VIII, IX, X, XI and Appendix D of the UCSP and the UCSP FEIR 06-01, including the Mitigation Monitoring and Reporting Program (MMRP), provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development. As described in the UCSP and FEIR, subsequent new development would be required to provide adequate public services and facilities commensurate with their impact. Chapter V (Mobility), Chapter VIII (Public Realm Design Guidelines), Chapter IX (Infrastructure and Public Facilities) of the UCSP and Chapters 5.8, 5.11 and 5.12 of the Final EIR provide an assessment of the demands on public facilities and infrastructure due to development that may occur as a result of the specific plan. Chapter X provides a detailed description of improvements and Appendix D Urban Core Specific Plan - Public Facilities Implementation Analysis (PFIA) provides projected cost estimates, projected timing of facilities, and financing mechanisms and revenues. The revenues are based on projected tax increment and development impacts fees routinely collected as development occurs in the City. These existing City-wide Public Facilities Development Impact Fees (DIF) include: . City-wide Park Acquisition and Development (PAD) Fee . City-wide Recreation DIF . Sewer fees . Storm drain fees . Traffic signal fees . School impacts fees (collected pursuant to Government Code 65996) These fees would continue to be collected from new development as it occurs in the urban core. Additionally, the Engineering Department will begin developing a Transportation Development Impact Fee (TDIF) within the next year, to address 4)L /1) Ordinance No. Page 11 additional funding for future long-term traffic intersection impacts that may occur as a result of "worst case" maximum buildout. In addition, the UCSP FEIR, prepared as a Program EIR, includes an evaluation of the City's growth management quality of life thresholds at a programmatic level based on development projections over the course of the next 20 years. The EIR identifies mitigation measures which would be applied on a project-by- project basis during subsequent review of individual development projects. The Final EIR Mitigation Monitoring and Reporting Program (MMRP) provides a summary of the impacts analysis and/or mitigation measures for significant impacts that address provision of public services and facilities. The MMRP ensures that subsequent new development implements timely mitigation for impacts associated with new development, which includes but is not limited to the installation of infrastructure or payment of fees for needed public facilities as a result of new growth. These requirements would be assured through the subsequent discretionary design review and approval of future project specific Urban Core Development Permits. Although the UCSP is intended to attract future development to the Subdistricts Area, the timing, location and extent of subsequent development projects are unpredictable because of the unique nature of urban revitalization. To further ensure the timely provision of public services and facilities, monitoring of on- going development activity would be assessed through the City's existing annual growth management monitoring and reporting. Monitoring programs, such as the traffic monitoring program which monitors the actual performance of the street system by conducting roadway segment travel time studies, would track the rate and effect of growth on an annual basis. In addition to the annual GMO review, the bi-annual BudgetlCIP cycle and a five year status report would provide additional checks and balances of future growth. The integrated system of growth management programs, standards, regulations, facility master plans, funding systems and monitoring activities provide an effective system of checks and balances to ensure that the provision of public services and facilities keeps in step with new development. The City Council having reviewed and considered the information in the Public Hearing Draft UCSP (PCM 07-01), Draft and Final EIR No. 06-01 and all reports, evidence and testimony presented at the public hearing find, determine, and order that the UCSP Chapters V, VIII, IX, X, XI and Appendix D of the UCSP and the UCSP FEIR 06-01, including the Mitigation Monitoring and Reporting Program (MMRP), (all compiled within Appendix E) provide the plan and mechanisms to ensure public facilities and services occur commensurate with subsequent development and is in conformance with the City's Growth Management Ordinance CVMC 19.09. 5. The City Council does hereby amend the City of Chula Vista Zoning Map established by Section 19.18.010 of the Chula Vista Municipal Code to rezone LjjJ - I / Ordinance No. Page 12 properties within the UCSP Subdistricts Area as depicted in Exhibit "C". Areas currently zoned R-1; R-2; and R-3 will not be rezoned, and the portion of the V-3 subdistrict fronting along Third Avenue between F Street and Park Way will have a maximum height of 45 feet. II. Severability The City Council declares that should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in full force and effect. III. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading. The provisions of the Specific Plan shall be applied to new development applications submitted after the effective date of the ordinance adopting the Specific Plan. The provisions of the Specific Plan do not apply to projects which have been legally constructed or are under construction in conformance with all City required permits, or to projects which have received required discretionary permit approvals but are not yet under construction. On a case by case basis the zoning administrator may, as requested by the project applicant and pursuant to the provisions of CVMC 19.07.030(C), afford pipeline status to those projects which have been substantially processed consistent with existing zoning prior to the Specific Plan adoption, but which have not yet received discretionary approvals. Presented by Approved as to form by Ann B. Hix ~ Ann Acting Director Community Development ~ity LfA~/2- EXHIBIT "A" UCSP Subdistricts Area Map Ll-A /3 ! I I . "f''-'--;-~y.;omll .~!lOm ~ ' gr:~'n'it':! ~<Il iiIE,; ~B '"Iii N ii - I Ii '" litH I >- .. 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'".;;iT" '1 Il~d .l0jl ql pu ~~ .U S>pt'J vluoH C)j!qi)i,.J J)1;'rl e jOhJ - p,lJJaj'](] .. ))!.lJ\i(] ';H'::PUJU,,) .~. 1)!J1S!O 0,10:) ue<pn - :>n c:.1 ))!.J~S!a a3e\l!^ . ^ c:.1 :<:-:>-1)'< aweN DPlS!pqnS #'::>n sepepunoE lJplS!pqnS /'./ eaJV ApOlS u~ld ,upads "" ::> 1181HX3 ;" ::;.~:: 'h dv lq:3!aq mmU!X1lW ","J' "if: fj mf] ,I fJ '~; ~r .. iJ . fiil 4:: t: E N \ % ^'\fMa;au~ !i ~f$\ ORDINANCE NO. ~ ~\) ~ ~~~ ORDINANCE OF THE CITY OF CHULA VISTA AMEN TOWN CENTRE I REDEVELOPMENT PLAN TH HE ADOPTION OF THE 2007 AMENDMENT THE REDEVELOPMENT PLAN WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted the original Town Centre I Redevelopment Plan ("Redevelopment Plan") on July 6, 1976, by Ordinance No. 1691 and has subsequently amended the Redevelopment Plan on five separate occasions, on July 17,1979, by Ordinance No. 1872, April 22,1986, by Ordinance No. 2146, January 4,1994, by Ordinance No. 2585, November 8, 1994, by Ordinance No. 2609, and on June 23, 1998, by Ordinance No. 2735, incorporated herein by reference, and has designated the Redevelopment Plan as the official redevelopment plan for the Town Centre I Project; and WHEREAS, the City's Urban Core Specific Plan ("Specific Plan") will refine and implement a vision for downtown Chula Vista as expressed in the City's General Plan; and WHEREAS, pursuant to the California Redevelopment Law ("Law") (Health and Safety Code 33000, et seq.) Section 33331, a redevelopment plan must conform to the general plan; and WHEREAS, the Planning Commission of the City of Chula Vista ("Planning Commission") has reviewed the Specific Plan and has determined that it is consistent with the General Plan of the City of Chula Vista; and WHEREAS, the 2007 Amendment to the Redevelopment Plan ("2007 Amendment") will bring the land use provisions of the Redevelopment Plan for the Town Centre I Project Area ("Project Area") into conformance with the Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Regs. Section 15000 et seq.), and the local procedures adopted by the Agency pursuant thereto, the City has prepared and completed a proposed Environmental Impact Report for the Specific Plan; and WHEREAS, the Agency has previously certified an Environmental Impact Report prepared in connection with the Redevelopment Plan; and WHEREAS, pursuant to Section 33452 of the Law, public notice has been duly given, and 'a full and fair public hearing has been held on the proposed 2007 Amendment. The City Council of the City of Chula Vista does ordain as follows: Section 1. The 2007 Amendment to the Town Centre I Redevelopment Plan, a copy of which is attached hereto as Attachment No.1 and incorporated herein by this reference, is hereby adopted and approved. 4- 8---/ Section 2. Based upon the evidence contained in the Report to the City Council for the 2007 Amendment to the Town Centre I Redevelopment Plan, incorporated herein by reference, the City Council does hereby find, determine, and declare as follows: (a) The Project Area is a blighted area, the redevelopment of which is necessary to effectuate the public purposes as set forth in the Law; and (b) The Redevelopment Plan would redevelop the Project Area in conformity with the Law and in the interests of the public peace, health, safety, and welfare; and (c) The Planning Commission and the City Council have determined that the 2007 Amendment is consistent with the City of Chula Vista's General Plan, including, but not limited to, the Housing Element of the General Plan and the Urban Core Specific Plan; and (d) The carrying out of the Redevelopment Plan would promote the public peace, health, safety, and welfare of the community and would effectuate the purposes and policy of the Law; and (e) The Agency has a feasible method for the relocation of families and persons displaced from the Project Area, to the extent that implementation of the Redevelopment Plan may result in the temporary or permanent displacement of any occupants of Project Area housing facilities; and (I) There are, or shall be provided, in the Project Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the families and persons displaced from the Project Area, decent, safe, and sanitary dwellings equal in number to the number of and available to the displaced families and persons and reasonably accessible to their places of employment; and (g) Families and persons shall not be displaced prior to the adoption of a relocation plan pursuant to Sections 33411 and 33411.1 of the Law. Dwelling units housing persons and families of low or moderate income shall not be removed or destroyed prior to the adoption of a replacement housing plan pursuant to Sections 33334.5,33413, and 33413.5 of the Law; and (h) The elimination of blight and the redevelopment of the Project Area could not be reasonably expected to be accomplished by private enterprise acting alone without the aid and assistance of the Agency. Section 3. Though the 2007 Amendment does not propose displacement of permanent housing facilities, the City Council is satisfied that permanent housing facilities would be available within three years from the time occupants of the Project Area are displaced and that, pending the development of the facilities, there will be adequate temporary housing facilities available to the displaced occupants at rents comparable to those in the City of Chula Vista at the time of their displacement. 'i/!;, ;)- Section 4. A full and fair public hearing having been held on the 2007 Amendment, and the City Council having considered all evidence and testimony for and against the adoption of the 2007 Amendment and all written and oral objections thereto, and this City Council being fully advised in the premises, all written and oral objections to the 2007 Amendment to the extent not otherwise addressed in the Redevelopment Plan or not otherwise responded to are hereby overru led. Section 5. The City Clerk shall publish a copy of this Ordinance as required by Law. PASSED, APPROVED, AND ADOPTED this 26th day of April, 2007, by the following vote: AYES: NOES: ABSENT; ABSTAIN: Cheryl Cox Mayor (SEAL) ATTEST; City Clerk Lf!?r3 I, , City Clerk of the City of Chula Vista, do hereby certify that the foregoing Ordinance No. was duly and regularly passed and adopted by the City Council of the City of Chula Vista at a meeting thereof held on the day of , 2007, and that the foregoing is a full, true, and correct copy of said Ordinance, and has not been amended or repealed. City Clerk (SEAL) /f/3 -if