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HomeMy WebLinkAboutReso 2011-190RESOLUTION NO. 2011-190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-11-002) TO FEIR-OS-02; APPROVING AMENDMENTS TO THE EASTLAKE III GENERAL DEVELOPMENT PLAN, SECTIONAL PLANNING AREA PLAN, FISCAL IMPACT ANALYSIS AND ASSOCIATED REGULATORY DOCUMENTS TO ADD 38 ADDITIONAL UNITS TO PREVIOUSLY APPROVED 389 UNIT OLYMPIC POINTE PROJECT AND INCREASE THE DEVELOPMENT AREA FROM 18.4 ACRES TO THE FULL 19.6 ACRES OF THE SITE LOCATED AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD L RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as Olympic Pointe, and for the purpose of general description herein consists of 19.6 acres ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified amended application was filed with the City of Chula Vista Development Services Department on May 23, 2011, by Integral Partners, LLC ("Applicant") on behalf of Olympic Pointe East Communities LLC and Olympic Pointe West Communities LLC ("Owner" and "Developer"), requesting amendments to the Eastlake III Sectional Planning Area (SPA) Plan, the Planned Community District Regulations and associated regulatory documents 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) a General Plan Amendment, a General Development Plan and SPA Plan and associated Design Guidelines, PFFP, WCP and AQIP and Comprehensive Affordable Housing Plan, which were approved by City Council Resolution No. 2002-220 on July 17, 2001, and amended on June 20, 2006, for the Eastlake III Seniors Project; and 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24, 2001, (amended by City Council Ordinance No. 2963 on May 18, 2004, on June 20, 2006, for the Eastlake III Seniors Project, in April, 2008, for the Windstar Point Resort project, and in January, 2011, for the 389-unit Olympic Pointe Project); and 3) Tentative Subdivision Map approved by City Council Resolution 2006-191 on June 20, 2006; and Resolution No. 2011-190 Page 2 D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-02. The Development Services Director has determined that only minor technical changes or additions to this document aze necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of subsequent documents have occurred; therefore, the Development Services Director has prepared an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-02; and 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 September 14, 2011, and voted (6-0) 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 September 14, 2011, and the minutes and resolution resulting therefrom, aze incorporated into the record of this proceedings; 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 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 (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 27, 2011, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to heaz public testimony with regard 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: Resolution No. 2011-190 Page 3 II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the addendum to FEIR-OS-02, in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and adopts Addendum to FEIR-OS-02 . III. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the Eastlake III SPA Plan reflect land uses that are consistent with the Eastlake III General Development Plan and the City of Chula Vista General Plan. The residential nature of the proposed use would be consistent with the adopted high-density residential designation for the project site and compatible with the surrounding residential and open space land uses of the Eastlake area. The transfer of 1.2 acres of manufactured slope/open space into the developable portion of site would occur internally within the boundaries of the 19.6 acre project site. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake III SPA Plan rely on the previously prepared and approved PFFP that outlines the infrastructure required to serve the previously approved 389 unit project, along with the timing of installation and the financing mechanisms to promote the sequentialized development of the project. The requested 38 additional units, along with the transfer of 1.2 acres of manufactured slope/open space into the developable portion of the site, will not affect the timeframes outlined in the previous PFFP. Development of 427 units will occur in an orderly sequentialized manner as outlined in the PFFP. The 427-unit Project is one of the last azeas of Eastlake III to be developed. C. THE EASTLAKE III SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed modifications to land use and development standard provisions within the Project Site have been fully analyzed and will not adversely affect the circulation system and overall land use as previously envisioned in the Eastlake III General Development Plan. The transfer of 1.2 acres of manufactured slope/open space into the developable portion of site would occur internally within the boundazies of the 19.6 acre project site. An Addendum to FEIR-OS-02 has been prepared and the Development Services Director has determined that any impacts associated with the proposed amendments have been previously addressed in FEIR-OS-02; and thus, the requested amendments to the SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. Resolution No. 2011-190 Page 4 IV. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the Eastlake III SPA Plan as amended shown in Figures 2, 3, and 5 that accompanies the staff report as Attachment 4 subject to the conditions set forth below: The Project shall comply with all mitigation measures specified in FEIR-OS-02, to the satisfaction of the Development Services Director. 2. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Eastlake III SPA Plan Addendum to the AQIP pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 3. Prior to the 30`h day afer the Ordinance becomes effective, the Applicant shall prepaze a clean copy of the SPA Plan document by deleting all strike outl 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 III SPA, PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Olympic Pointe project shall be incorporated into the final document and approved by the Director of Development Services for printing. 4. Prior to the 30`h 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 III SPA Plan, Eastlake III Planned Community (PC) District Regulations. VIIL 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, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights aze gained by Applicant or successor in interest by the City approval of this Resolution. IX. 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 detemunes in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Resolution No. 2011-190 Page 5 Presented by Gary Halb .E., AICP Assistant Manager/Director of Development Services Approved as to form by ~ ~ ` len R. ~6oogins Atto PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of September 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~ >~~~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ~ ~ ~ 'I Cheryl Cox, yor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-190 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of September 2011. Executed this 27th day of September 2011. ~.t0.c/ ~~/1' 0/VLC/~ Donna R. Norris, CMC, City Clerk `~ ~ ~ Page 6 ~' ~2 ~S ~ ~ ~e O w o ~ ~rnwlcrt~x c* <F~'M- yRO ~ ~ w o~ oy~ `9( ayMPIC VISTA RD ~yCy x RC m n a m EA v HG 0 ® ® ~ ~ ~`J4~ ®®® ~ WEEPNG W ~4 ®®~ z ~ ®®®~ ®® ®® ~~ ~Q`~~ o~'~ c N m o ® gip, ®~ f~ ~ ~® PROTECT LOCATION ~® EXHIBIT A