HomeMy WebLinkAbout2009/10/06 Item 7ORDINANCE NO. ~ LGp,1D READING p,ND P,DGn?1G^1
ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF
CHULA VISTA APPROVIi IG THE SECTIONAL PLANNING
AREA (SPA) PLANNED COMMUNITY DISTRICT (FORM
BASED CODE) REGULATIONS FOR OTAY RANCH EASTERN
URBAN CENTER
WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit
"A" attached hereto and commonly known as Otay Ranch Eastern Urban Center ("Property"); and
WHEREAS, an application to consider anew Sectional Planning Area (SPA) Plan, including
Planned Community District Regulations /Design Plan (Form Based Code) for the Eastem Urban
Center was filed with the City of Chula Vista Development Services Department on April 14, 2006
by McMillin Otay Ranch, LLC ("Applicant"); and
WHEREAS, the Otay Ranch Eastem Urban Center Sectional Planning Area (SPA) Plan,
Planned Community District Regulations/Design Plan (Form Based Code){"Project") aze intended
to ensure that the Otay Ranch Eastem Urban Center SPA Plan is prepazed in accordance with the
Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan
for eastern Chula Vista, to promote the orderly planning and long term phased development ofthe
Otay Ranch GDP and to establish conditions which will enable the Otay Ranch Eastem Utban Center
to exist in harmony within the community; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form Based Code) aze established pursuant to Title l9 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Eastem Urban Center SPA Land Use Plan; and
WHEREAS, the Otay Ranch Eastem Urban Center SPA Planned Community District
Regulations (Farm Based Code) establishes development regulations applicable to the Gateway
Mixed Use Commercial District, Neighborhood Residential Districts, Business District, Main Street
District, and the Eastern Gateway District located in the Otay Ranch Eastem Urban Center; and
WHEREAS, the Project relied in part on the original Otay Ranch General Development
Plan Program Environmental Impact Report 90-01, and the Otay Ranch Eastern Urban Center
SPA Plan Final Second-Tier Environmental Impact Report ("EIR 07-O1") (SCH#2007041074),
the candidate CEQA Findings and Mitigation Monitoring and Reporting Program; and
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WHEREAS, the Planning Commission set the time and place for a hearing on said Otay
Ranch Eastern Urban Center Sectional Planning Area (SPA) Plan (PCM-06-08) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general circulation
in the city and its mailing to property owners within 500 feet of the exterior boundaries ofthe Project
site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
August 26, 2009 in the Council Chambers located in the Administration Building, 276 Fourth
Avenue, and the Planning Commission voted 6-0-0-1 to approve Planning Commission Resolution
PCM-06-08 recommending to the City Council approval of the Planned Community District
regulations (Form Based Code); and
WHEREAS, a duly noticed public hearing was scheduled before the City Council ofthe City
of Chula V ista on the Otay Ranch Eastern Urban Center SPA Plan and adopting the ordinance to
approve the SPA Planned Community District Regulations for Otay Ranch Eastern Urban Center.
NOW, THEREFORE, THE CITY COUNCIL of the Ciry of Chula Vista does hereby order
and ordain as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing held on August 26, 2009 and the minutes and resolutions resulting therefrom, aze
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. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-Tier
Final EIR 07-01, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2))
III. ACTION
The City Counci] hereby adopts an Ordinance to the Otay Ranch Eastern Urban Center SPA
Planned Community District Regulations (Form Based Code), fording that they are consistent
with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all
other applicable Plans, and that the public necessity, convenience, general wetfare and good
planning and zoning practice support their approval and implementation.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption.
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Presented by
Gary Halbert, AICP , PE
Deputy City Manager
Development Services Director
Approved as to form by
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ty Attorney
1:\Planning\Otayranch\Eastcrn Urban Center SPA\2005 $PA-PCM 99-OTPublic Hcarings-Workshops\City Council Hearing Package
2009\CC Ordinance adopting FBC for EUC Final .rtf
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EXHIBIT A
Legal Description of McMillin Properri
With Nlap of All of EUC
REAL PROPERTY IN THE CITY OF CHULA VISTA, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
PARCEL 3 OF PARCEL MAP NO. 18481, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT N0.2000-283684 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT NO.2003-
0604602, AND ACCEPTED BY THAT CERTAIN ACCEPTANCE OF IRREVOCABLE OFFER OF
DEDICATION OF FEE INTEREST RECORDED MAY 22, 2003, AS INSTRUMENT N0.2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
IvIAY 22, 2003, AS INSTRUMENT N0.2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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