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HomeMy WebLinkAboutOrd 2001-2843 ORDINANCE NO. 2843 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT REGULATIONS MODIFYING THE ZONING DISTRICT MAP FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A," attached hereto and described on Chula Vista Tract 96-04B, and is commonly known as Village Five, Red Phase ("Property"); and WHEREAS, an application to amend the Sectional Planning Area (SPA) One Planned Community District Regulations Zoning District Map for Village Five was filed with the City of Chula Vista Planning and Building Department on February 16, 2001, by Otay Project, LLC, The Otay Ranch Company ("Applicant"); and WHEREAS, the modified Otay Ranch SPA One Planned Community District Regulations Zoning District Map is intended to ensure that the Otay Ranch SPA One 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 amended Otay Ranch SPA One area to exist in harmony within the community ("Project"); and WHEREAS, the amended Otay Ranch SPA One Planned Conununity District Regulations and Zoning District Map is 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 SPA One Land Use Plan of the amended SPA One Plan; and WHEREAS, the amended Otay Ranch SPA One Planned Community District Regulations modifies the SPA One Zoning District Map for Village Five to reflect zoning district adjustments to the Single-Family Four, Open Space/Park One, Residential Multi-Family One and Residential Multi-Family Two Zoning Districts located in the south east portion of Otay Ranch Village Five; and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996, by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"); 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, 28, 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 has determined 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 Ordinance 2843 Page 2 environmental effects previously identified in FE1R 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 Sections 15162 and 15163 exist; therefore, an addendum to SPA One Plan FEIR 95-01was prepared in accordance with State CEQA Guidelines Section 15164 and adopted pursuant to Resolution No.2001-289 (PCM-01-11); and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-17) 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 hearing; 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. WHEREAS, by a vote of 4-0-3, the Planning Commission recommended approval the project; and WHEREAS, a public heating was scheduled before the City Council of the City of Chula Vista on the Otay Ranch SPA One Amendment and adopting the ordinance to modify the Otay _ Ranch SPA One Planned Community District Regulations for Village Five; and 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 amended SPA One Plan held on August 22, 2001, and the minutes and resolutions therefi-om, 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 an Ordinance to the SPA One Planned Community District Regulations modifying the Zoning District Map for Village Five, identified as Exhibit "B," in this ordinance, 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. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR - 95-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and Ordinance 2843 Page 3 IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 95-01 which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the FEIR 95- 01 [Guideline 15168(c)(2) and 15162(a)]. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council found that pursuant to Resolution No. 2001-289 (PCM-01-11) 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 FEIR 95-01. VI. 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 FEIR 95-01. VII. 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 FEIR 95-01 adequately describes and analyzes this project for the purposes of CEQA [Guideline 15168(e)]. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED SPA ONE PLAN AMENDMENT MODIFYING THE SPA ONE PLANNED COMMUNITY DISTRICT REGULATIONS ZONING DISTRICT MAP FOR VILLAGE FIVE IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch Sectional Planning Area (SPA) Plan Amendment modifying the Otay Ranch SPA One Zoning District Map for Village Five reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE iNVOLVED SECTIONAL PLANNING AREA. Ordinance 2843 Page 4 The SPA One Plan Amendment contains provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Sectional Planning Area One. The project will provide a variety of housing types compatible with existing adjacent land uses, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch SPA One Environmental Impact Report (EIR-95-01). Presented by Approved as to form by Robert Leiter Jo/l~/l~I. Kaheny Planning and Building Director (ht~ Attorney Ordinance 2843 Page 5 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 Horton, Mayor ATTEST: Susan Bigelow~'City Clerk ~ 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. 2843 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 18th day of September, 2001. t~r~taw, a. Susan Bigelow, City Clerlff PUBLIC/QUASI-PUBLIC WmLOWS OTAY WATER DISTR1CT li l~lot a part Single Fam ly MCMILLIN MEh'DOCmO S1NGL~ ELEMENIAR't TRAILS SCttOOL Single Family / FAMILY COTTONWOOD P~ MULTI FAMILY multij~mily multi-fami(v VISTA PROJECT LOCATION ©TA¥ R~NCH V~LL^GE 6 CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT OTAY PROJECTS, LP. PROJECT DESCRIPTION:  APPLICANT: REVISED TENTATIVE SUBDIVISION MAP PROJECT Otay Ranch, SPA One Request: Revise SPA One and TM 96-04 to allocate ADDRESS: V~llage Five ~-~g.unallocated multi-family units to neighborhoods SCALE: FILE NUMBER: R-3Oa&b and R-39. NORTH No Scale PCS-Ol~)8r Related Cases: PCM-01-17, IS-01-043 EXHIBIT "A"