HomeMy WebLinkAboutOrd 2009-3142ORDINANCE NO. 3142
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
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 a new Sectional Planning Area (SPA) Plan, including
Planned Community District Regulations/Design Plan (Form Based Code) for the Eastern 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 Eastern Urban Center Sectional Planning Area (SPA) Plan,
Planned Community District Regulations/Design Plan (Form Based Code}(Project) are intended to
ensure that the Otay Ranch Eastern Urban Center SPA Plan is prepared 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 of the Otay
Ranch GDP and to establish conditions which will enable the Otay Ranch Eastern Urban 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 19 of the Chula Vista Municipal
Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay
Ranch Eastern Urban Center SPA Land Use Plan; and
WHEREAS, the Otay Ranch Eastern Urban Center SPA Planned Community District
Regulations (Form 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 Eastern 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 07-01) (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 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
Ordinance No. 3142
Page 2
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 heazing was scheduled before the City Council ofthe City
of Chula Vista 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.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
heazing 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.
IL 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)).j
III. ACTION
The City Council hereby adopts an Ordinance to the Otay Ranch Eastern Urban Center SPA
Planned Community District Regulations (Form Based Code), finding that they aze consistent
with the City of Chula V ista General Plan, the Otay Ranch General Development Plan and all
other applicable Plans, and that the public necessity, convenience, general welfaze 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.
Approved as to form by
Deputy
Director
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B C. Mies d
City Attorndy
Presented by
Ordinance No. 3142
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of October 2009, by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Thompson
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Cheryl Cox, Mayog
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ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3142 had its first reading at a regulaz meeting held on the 15th day of September 2009
and its second reading and adoption at a regular meeting of said City Council held on the 6th day of
October 2009; and was duly published in summary fonn in accordance with the requirements of state
law and the City Charter.
Executed this 6th day of October 2009.
~~ ~ ~~
Donna R. Norris, CMC, City Clerk
Ordinance No. 3142
Page 4
EXHIBIT A
Legal Description of McMillin Property
With Man 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, FiV THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALffORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MAY 31, 2000, AS INSTRUMENT NO. 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 NO. 2003-
0604603, AND CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEED RECORDED
Iv1AY 22, 2003, AS INSTRUMENT N0.2003-0604607, ALL OF OFFICIAL RECORDS OF SAN
DIEGO COUNTY, CALIFORNIA.
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