HomeMy WebLinkAbout2009/10/06 Item 8t
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ORDINANCE NO. ~~~~~~i,~~~~~
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ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVI~i IG A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND MCMILLIN
OTAY RANCH LLC FOR MCMILLIN'S PORTION OF THE
EASTERN URBAN CENTER
WHEREAS, the property which is the subject matter of this ordinance is identified in the
Development Agreement (on file in the Office of the City Clerk) and commonly known as Otay
Ranch Eastern Urban Center ("Property"); and
WHEREAS, the Project relied in part on the original Otay Ranch General Development Plan
Program Environmental Impact Report 90-O1, and the Otay Ranch Eastern Urban Center SPA Plan
Final Second-Tier Environmental Impact Report ("EIR 07-0 l ") (SCH#2007041074), the candidate
CEQA Findings and Mitigation Monitoring and Reporting Program; and
WHEREAS, the Planning Commission set the time and place for a hearing on said
Development Agreement 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 boundazies of the Project site at least ten days prior to the hearing; and
WHEREAS, the heazing was held at the time and place as advertised, namely 6:00 p.m.
August 26, 2009, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted
6-0-0-1 to approve Planning Commission Resolution PCM-06-08(B) recommending to the City
Council approval of the Development Agreement between the City of Chula Vista and McMillin
Otay Ranch LLC for McMillin's portion of the Eastern Urban Center (the "Development
Agreement"); and
WHEREAS, on September 15, 2009, a duly noticed public hearing was scheduled before the
City Council of the City of Chula Vista to consider adopting the ordinance to approve the
Development Agreement between the City of Chula Vista and McMillin Otay Ranch LLC for
McMillin's portion of the Eastem Urban Center.
NOW, THEREFORE, TT-lE C[TY COUNCIL of the City 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.
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COMPLIANCE WITH CEQA
The City Council hereby finds that the adoption of the ordinance approving the Development
Agreement for 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))•
CONSISTENCY WITH GENERAL PLAN Ai~1D OTAY RANCH GENERAL
DEVELOPMENT PLAN (GDP)
The City Council fords that the proposed Development Agreement is consistent with the
City's General Plan and Otay Ranch General Development Plan. The Development
Agreement implements the General Plan and GDP by providing a comprehensive program to
implement the SPA Plan and Tentative Map. Those plans provide urban design plans
incorporating a mixture of land uses connected by a grid system of public streets and
pedestrian paths, urban parks and plazas, outdoor dining, public buildings, and commercial
activities designed to promote a safe pedestrian environment. The EUC site utilization plan,
including the density, non-residential squaze footage, height, and number ofresidential units,
is consistent with the General Plan and GDP.
ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
between the City of Chula Vista and McMillin Otay Ranch LLC for McMillin's portion of
the Eastern Urban Center (on file in the Office of the City Clerk) finding it consistent with
the California Government Code, with adopted City policies, and with the City's General
Plan and Otay Ranch General Development Plan.
EFFECTIVE DATE
This Ordinance shall take effect and be in fall force on the thirtieth day from and after its
adoption.
Presented by
Gary Halbert, AICP, PE
Deputy City Manager
Development Services Director
Approved as to form by
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ity ttomey
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