HomeMy WebLinkAboutOrd 2009-3143ORDINANCE N0.3143
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING 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 90-01, 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
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 boundaries of the 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, 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; 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 Eastern Urban Center.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS:
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.
Ordinance No. 3143
Page 2
II. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the Second-Tier
Final EIR 07-O1, would have no new effects that were not examined in said Final EIR
(Guideline 15168 (c)(2)).
III. ACTION
The City Council hereby adopts an Ordinance approving the Development Agreement
attached hereto as Exhibit "A" between the City of Chula Vista and McMillin Otay Ranch
LLC for McMillin's portion of the Eastern Urban Center, finding it consistent the California
Government Code and with adopted City policies.
IV. EFFECTIVE DATE
This Ordinance shall take effect and be in full force on the thirtieth day from and after its
adoption
Presented by
ary albe , P. ., AICP
Deputy Ci Manager/Development Services
Director
Approved as to form by
C G.~
B C. Miesfe
City Attorne
Ordinance No. 3143
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
~~
~I
Cheryl Cox, Mayo
ATTEST:
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. 3143 had its first reading at a regular 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 form in accordance with the requirements of state
law and the City Charter.
Executed this 6th day of October 2009.
/tom 0-Y~ltiGc. ~ /VO iS/~.td.
Donna R. Norris, CMC, City Clerk