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HomeMy WebLinkAboutReso 2011-179RESOLUTION NO. 2011-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-10-005) TO NEGATIVE DECLARATION (IS-03-028) AND APPROVING AMENDMENTS TO THE EASTLAKE II SECTIONAL PLANNING AREA (SPA) PLAN FOR 9.4 ACRES AT THE SOUTHEAST CORNER OF EASTLAKE PARKWAY AND FENTON STREET I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Eastlake Village Center, and for the purpose of general description herein consists of 9.4 acres ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on September 9, 2010, by Jack in the Box ("Applicant"), requesting amendments to the Eastlake II Sectional Planning Area (SPA) Plan and associated Planned Community District Regulations for the Project Site ("Project"); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) amending the Eastlake II General Development Plan, Eastlake I Village Center North Supplemental Sectional Planning Area (SPA) Plan and associated regulatory documents by City Council Resolution No. 2003-293 on July 8, 2003; and D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA). The City's Development Services Director has determined that any impacts associated with the proposed amendments have been previously addressed by Negative Declaration (ND) (IS-03-028) and has, therefore, prepared an addendum (IS-10-005) to said ND. The proposed fast food restaurant will be located on the same site as the Kohl's commercial center on which the ND analysis was based, and approval of the project design does not change the basic conclusions of the ND. The addendum has been prepared in accordance with the requirements of CEQA; and Resolution No. 2011-179 Page 2 E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the 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 boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on August 10, 2011, and voted 5-0 to forwazd a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on August 10, 2011, and the minutes and resolution resulting therefrom, are incorporated into the record of this proceeding; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notice of said hearings, 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 (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on September 13, 2011, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission and to hear public testimony with regazd to the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the Addendum (IS-10-005) to Negative Declazation IS-03-028 in the form presented, has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and adopts Addendum (IS-10-005) to Negative Declazation (IS-03-028). III. SPA FINDINGS/ APPROVAL A. The sectional planning azea (spa) plan, as amended, is in conformity with the Eastlake II general development plan and the Chula Vista general plan and its several elements. Resolution No. 20] 1-179 Page 3 The proposed amendments to the Eastlake II SPA Plan reflect ]and uses that are consistent with the Eastlake II General Development Plan and the City of Chula Vista General Plan. The commercial nature of the proposed use would be consistent with the adopted commercial land uses of the Eastlake area. B. The spa plan, as amended, will promote the orderly sequentialized development of the involved sectional planning area. The requested amendment to allow fast food restaurants as a permitted use within the VC-4 land use district would only be applicable to the 9.4 acre project site. Said site is fully developed at this time with the existing Kohl's Commercial Center and associated pazking field. Thus, the removal of a portion of the existing parking spaces (allowed per shazed pazking analysis and agreement) to accommodate the infill placement and construction of a Jack in the Box drive- through restaurant would not affect the sequentialized development of the SPA. The remainder of the SPA is fully developed. C. The Eastlake II spa plan, as amended, will not adversely affect adjacent land use, residential enjoyment, circulation or environmental quality. The proposed project has been designed to be architecturally compatible with the existing commercial center developed on the site. The commercial use was coordinated with adjacent commercial centers and residential uses. A traffic study conducted for the proposed project determined that the Jack in the Box restaurant would generate an estimated 1,211 Average Daily Trips (ADT's). Each of the roadway segments would continue to operate at an acceptable level of service (LOS B) both in the near term condition (2012) and horizon year condition (2030). Based on the site plan, the project would use existing vehicular access points and have minimal impact to the existing circulation at Kohl's Center. The drive through feature of the proposed project is shown to have adequate queue length (up to nine vehicles). An Addendum (IS-]0-005) to Negative Declaration IS-03-028 has been prepared which included the findings of both the parking and traffic study, which indicated the proposed project would not have any additional impacts than were previously addressed by Negative Declaration IS-03-028. Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. IV. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the Eastlake II SPA Plan to change the designation for fast food restaurants within the V C-4 Land Use District from "N" (prohibited) to "P" (permitted), subject to the conditions set forth below: Resolution No. 201 I-179 Page 4 1. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out /underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Eastlake II SPA and PC District Regulations for the Jack in the Box shall be incorporated into the final document and approved by the Director of Development Services for printing. 2. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Eastlake II SPA Plan and Eastlake II Planned Community (PC District Regulations). V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Applicant or successor in interest by the City approval of this Resolution. VL INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by Approved as to form by Gary Halb rt, P. ., AICP len R. ogins Assistant ager/Director of ey Development Services Resolution No. 2011-179 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of September 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Mayor ATTEST: 0 Donna R. Nora' , C C, 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 Resolution No. 2011-179 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of September 2011. Executed this 13th day of September 2011. ~f31n u R. ~ / ~ 0~/~tv--~ Donna R. Norris, CMC, City Clerk EXHIBIT A Resolution No. 2011-179 Page 6