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HomeMy WebLinkAboutOrd 1996-2673 ORDINANCE NO. 2673 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 AND PUBLIC/QUASI-PUBLIC (PQ) 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 1 and 3 and the Ranch House (Exhibit II) will create a need for the application of the PC Zone on parcels of less 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 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, 645-030-14, and 644-060-06 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, 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 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, April 10, 1996 and Ordinance 2673 Page 2 April 24, 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, a Recirculated Second-tier Draft EIR and Addendure, 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, the Recirculated EIR and Addendure incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 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. 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 FIR and Addendum 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 of Chula 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, the Recirculated EIR and Addendure held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 1 O, 1996 and April 24, 1996 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. In accordance with Public Resources Code Section 21167.6, these documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any claims under the California Environmental Quality Act (CEQA). 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 I. Ordinance 2673 Page 3 The City Council hereby approves the prezoning of 600.09 acres to the PC Zone, PQ Zone and the A Zone as more full identified in Section III herein, and 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-O30-07,645-030-08, 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 II. Ill. PREZONING 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, 645-030-11,645- 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 of Otay 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 Planned Community. 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 Ordinance 2673 Page 4 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 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 641-030-10, consisting of approximately 1.82 acres, generally located south of Telegraph Canyon Road, approximately 2,000 feet west of the intersection of Paseo 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 and Addendure, 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. EFFECTIVE DATE 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 and 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. Presented by AppaLls ;~/~orm Gerald Jamriska, Manager L~ Bruce . oogaard ' v ' '~' M B Special Planning Projects City Attorney Ordinance 2673 Page 5 Exhibit I 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 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 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 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 above requirements include the following: Ordinance 2673 Page 6 A. Individual parcels under separate ownership or control, but adjacent to land with an approved general development plan will not require approval of a general 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 and/or 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 the 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 or control 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 sectional planning area plan. C. Underlying land use regulations, including permitted, accessory and conditional land uses, for P-C zone areas which do not have an approved general development 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 adoption of the PC zone. Ordinance 2673 Page 7 Exhibit II AREAS i'~ Plan ANNEXATION i__~_~1 I 'N~j"v!"~W' Annexation Ama~~%If~/ .' . 'r- "' ~- ~---~- Ordinance 2673 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of May, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None Shirle~lorton, 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. 2673 had its first reading at a regular meeting held on the 14th day of May, 1996 and its second reading and adoption at a regular meeting of said City Council held on the 21st day of May, 1996. Executed this 21 st day of May, 1996. Beverly 4. Authelet, City Clerk