ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA APPROVING
THE SUNBOW II, PHASE 3 PROJECT TO REZONE FROM
LIMITED INDUSTRIAL TO RESIDENTIAL USES ALLOWING
UP TO 534 MULTI -FAMILY MEDIUM -HIGH-DENSITY
RESIDENTIAL DWELLING UNITS AND 184 MULTI-FAMILY
HIGH-DENSITY RESIDENTIAL DWELLING UNITS ON SIX
PARCELS, A 0.9 -ACRE COMMUNITY PURPOSE FACILITY
SITE, ON -SITE STREETS, OPEN SPACE AND MSCP
PRESERVE OPEN SPACE
WHEREAS, the area of land which is the subject of this Resolution is represented in Exhibit A, attached hereto and incorporated herein by this reference, and is commonly known as Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the Sunbow II Planned Community generally located at the southeast corner of Bra ndywine Avenue and Olympic Parkway (Project Site); and
WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0- acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and
WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been built out and the PA23 site has remained vacant; and
WHEREAS, on January 7, 2020 , the City Council of the City of Chula Vista approved a Community Benefits Agreement (Resolution No. 2020 -003) with ACI Sunbow, LLC (Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the PA23 land from industrial to residential uses and in exchange would provide funding that can be used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other signature project; and
WHEREAS, applications to consider such amendments to the City of Chula Vista General Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3 SPA Plan (MPA20 -0006) and approval of an associated Tentative Map (PCS20 -0002) and Development Agreement (MPA21 -0014) were filed with the City of Chula Vist a Development Services Department on February 26, 2020 by the Applicant; and
WHEREAS, the applicant proposes to rezone 67.5 -acres of developable land on the Project Site from light industrial to residential uses resulting in up to 534 multi -family medium- high-density residential dwelling units and 184 multi -family high -density residential dwelling units (718 total units) on six parcels , a 0.9-acre Community Purpose Facility site, on-site streets, open space, to rezone 6.5-acres from light industrial to Open Space Preserve, to rezone 6.4-acres Open Space Preserve to residential uses, and designate the remaining 68.2 -acres as Multiple Species Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved wetland resource area on sixteen parcels (Project); and Ordinance No. _____
WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment; therefore, the Director of Development Services has caused the preparation of an Environmental Impact Report (EIR20-0002); and
WHEREAS, the development of the Property has been the subject matter of a General Plan Amendment (MPA20-0012), Sunbow II General Development Plan Amendment (MPA20-0013) and Sunbow II, Phase 3 SPA Plan Amendment (MPA20-0006) approved by the City Council immediately prior to this action; and
WHEREAS, the Director of Development Services set the time and place for a Planning Commission public hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of g eneral circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, before the Planning Commission and the hearing was thereafter closed; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the hearing on the Project, and the Minutes and Resolution resulting therefrom, are incorporated into the record of this proceeding; and
WHEREAS, the Planning Commission voted 0-6 recommending the City Council deny the approval of the Project, citing that further analysis related to the Jobs Enhancement Fund and a mix of land uses on the site be considered; and
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista for consideration of the Project 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 and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing to consider said Project at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed.
NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows:
Ordinance No.______
Section I. Action
The City Council hereby adopts an Ordinance approving the Sunbow II, Phase 3 Rezone, Exhibit B attached hereto and incorporated herein by this reference , finding that it is consistent with the City of Chula Vista General Plan, the Sunbow II General Development Plan and all other applicable Plans.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of compete nt jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circ umstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordina nce shall be construed in light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
Presented by: Approved as to form by:
____________________________ ______________________________ Tiffany Allen Glen R. Googins
Director of Development Services City Attorney
Exhibits A & B to be inserted later