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HomeMy WebLinkAboutOrd 1999-2775ORDINANCE NO. 2775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE OTAY RANCH AMENDED SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS (PCM 97-11 ) WHEREAS, an application for adoption of the Otay Ranch Amended Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning Department on January 14, 1997, by the Otay Project, LLC ("Applicant"); and WHEREAS, the Otay Ranch Amended SPA One Planned Community District Regulations ("Project") are intended to ensure that the SPA One Plan is prepared in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for the Eastern Territories, to promote the orderly planning and long term phased development of the Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Amended SPA One to exist in harmony within the community; and WHEREAS, these Amended Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 PC Planned Community Zone, and are applicable to the Otay Ranch SPA One Land Use Plan of the Amended SPA Plan; and WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in the "Star-News,"a newspaper of general circulation in the City and its mailing to property owners and tenants within five-hundred feet of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised on February 3, 1999, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and WHEREAS, by a vote of 6-0 the Planning Commission approved the project; and WHEREAS, the Environmental Review Coordinator has conducted a Second-tier Final Environmental Impact Report (EIR) EIR 97-03, 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, copies of which are on file in the office of the City Clerk; and WHEREAS, this Second-tier EIR incorporates, by reference, three prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01, certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993; the Chula Vista Sphere of Influence Update EIR 94-03, certified by the Chula Vista City Council on March 21, 1995; and the SPA One EIR 96-01, as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program, certified by the Chula Vista City Council on June 4, 1996; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: Ordinance 2775 Page 2 II, Ill. IV. VI. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Final EIR held on October 21, 1998, their public hearing held on this project on November 3, 1998, 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. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-03, would have no new effects that were not examined in said FEIR (Guideline 15168 (c)(2)); and CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR97-03 and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 97-03, (Guideline 15168(c)(2) and 15162(a)). INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES The does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01) and SPA approval (95-01). NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the FEIR 97-03 and adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). Notice on the EIR was given on November 10, 1998. ACTION The City Council hereby approves the ordinance adopting the Planned Community District Regulations for the Otay Ranch Amended SPA, finding that they are consistent with the City of Chula Vista General Plan and that the public necessity, convenience, general welfare and good zoning practice supports their approval and implementation. Ordinance 2775 Page 3 VII. This ordinance shall take effect and be in full force the thirtieth day from its adoption, Presented by Approved as to form by Robert Leiter Planning Director Ordinance 2775 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 2nd day of March, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None ATTEST: ShirleY, Mayor Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2775 had its first reading at a regular meeting held on the 16th day of February, 1999 and its second reading and adoption at a regular meeting of said City Council held on the 2nd day of March, 1999. Executed this 2nd day of March, 1999. Susan Bigelow, City Clerk