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Home My WebLink AboutOrd 2001-2842 ORDINANCE NO. 2842 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG THE AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS, MODIFYING THE ZON1NG DISTRICT MAP FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A," attached hereto and described on Chula Vista Tract 97-02, and is commonly known as the Otay Ranch Village Five Core ("Property"); and WHEREAS, an application to amend the applicable sections and exhibits contained in the Otay Ranch Sectional Planning Area (SPA) One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan was filed with the City of Chula Vista Planning and Building Department on December 20, 2000, by McMillin Otay Ranch, L.L.C. ("Applicant"), to wit PCM-01-11; and WHEREAS, Applicant has requested amendments to Otay Ranch SPA One Planned Community District Regulations which requires modifying the SPA One Zoning District Map in order to reflect neighborhood boundary adjustments to Neighborhoods P-8 and C-3/R-45, located in the Property and as shown on Exhibit "B"; and WHEREAS, Applicant has requested that the Zoning District for Park P-8 in the Property be amended from OS/P1 (Open Space/Park) to C/RM2 (Commercial/Residential Multi-family Two) and that the adjacent plaza street also be designated C/RM2, as shown on Exhibit "B" ("Project"); and WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations are established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable the Otay Ranch SPA One Land Use Plan of the amended SPA One Plan; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") environmentally evaluated under EIR 95-01 and previously approved by the City Council on June 4, 1996, by Resolution No. 18286; and WHEREAS, an amendment to the Otay Ranch GDP was approved by the City Council of the City of Chula Vista on November 10, 1998, and an amendment to the SPA One Plan was approved by the City Council of the City of Chula Vista on February 16, 1999, by Resolution No. 19375 (PCM 97-11), which added Village One West to the Otay Ranch SPA One area; and WHEREAS, the amended Otay Ranch SPA One Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City of Chula Vista on October, 23, 1993, and as amended on May 14, 1996, and November 10, 1998; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any Ordinance 2842 - Page 2 environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95- 01 has been prepared in accordance with the State CEQA Guidelines Section 15164; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information from area residents; and WHEREAS, the Planning Commission set the time and place for a heating on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-11) and notice of said heating, 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 heating; and WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, amending Otay Ranch SPA One Planned Commtmity District boundaries within the Village Five Core is intended to ensure that the SPA One Plan and related documents are implemented in accordance with the Otay Ranch General Development Plan (GDP) in order 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 amended Otay Ranch SPA One area to exist in harmony within the community. 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 heating on the amended SPA One Plan held on August 22, 2001 and the minutes and resolutions therefrom, are 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. ACTION The City Council hereby adopts the modifications to the Zoning District Map (Exhibit "B") of the SPA One Planned Community District Regulations, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. II. CERTIFICATION OF COMPLIANCE WITH CEQA Ordinance 2842 Page 3 The City Council hereby finds that the Project, as described and analyzed in the addendum to FEIR 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and III. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. iV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has found, pursuant to City Council Resolution No. 2001-289, that the Addendum prepared to Otay Ranch SPA One EIR 95-01 reflected the independent judgment of the City Council of the City of Chula Vista and adopted the Addendum to Otay Ranch SPA One EIR 95-01. V. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Mitigation Monitoring Program for EIR 95-01. VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the EIR 95-01 which adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. Presented by Approved as to form by Robert Leiter John M. Kaheny Planning and Building Director City Attorney Ordinance 2842 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of September, 2001, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla Shirley Hortoff,, Mayor ATTEST: Susan Bigelow, City Clerk t/ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2842 had its first reading at a regular meeting held on the 28th day of August, 2001 and its second reading and adoption at a regular meeting of said City Council held on the 18th day of September, 2001. Executed this lath day of September, 2001. ~/' ff~v~a_ Susan Bigelow, City Clerk t~ ~ OTAY RANCH VILLAGE 5 (SPA 1) m\rsrtn EAST PA.LOMAR ~PRIJECT ~~OCATION TERESINA APARTMENTS NEJGHBORHOOD PARK CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PRO.IECT McMillin Communities Inc PROJECT DESCRIPTION: C) APPLICANT: . SPA ONE AMENDMENT PROJECT Southeast comer of East Palomar ADDRESS: Street & Santa Cora Avenue Request: propose II 'COmmercial and multi-family residential mixed use development. SCALE: ALE NUMBER: Related Case: PCM-01-10. pcm-01-11 NORTH No Scale IS-Ú1-035(B) c:\cherryl\locators\is01035.OOr 6.13.01 /.:3 -52, EXHIBIT A _____. ...____n . ..__ __.,.._ . ._..._-~_. --..-...-. J r-- C. ~ I , CO) l~ q~ . ca :;;::: .a 1: .... (.) x '_ W ... ;; .... 0 CI) N ff; is d M :..r....i;; ~ ~:' 0) '" = ~;; C :< ~ ~ .- :::,.;.- C 0 N 9 ~ '" g "- co t ..;. '" . - .i! ~~ .:!>= ~] Q:~ ,:¡! .9-~ ~~ ]1 ,,~ a~ ...'" ~'#. f ::::- ::." ~ .. ~ ! ~ '" ~ ~ ~ ¡ "'-"- ~ ë ~ I,¡. ~"/', :r-, . ... 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