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HomeMy WebLinkAboutReso 2012-009RESOLUTION NO.2012-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-11-001) TO SECOND-TIER FEIR 02-02 AND APPROVING AMENDMENTS TO THE OTAY RANCH GDP, OTAY RANCH VILLAGE 2 SPA PLAN, AND ASSOCIATED REGULATORY DOCUMENTS IN ORDER TO REALLOCATE 113 DWELLING UNITS AMONG TEN NEIGHBORHOODS WITHIN VILLAGE 2 I. 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 Village 2 Unit Transfer ("Project"), and for the purpose of general description herein consists of 111.6 acres of the approximate 775 acres located south of Olympic Parkway and west of La Media Road ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Departrnent on April 5, 2011 by Baldwin and Sons, LLC ("Applicant, Owner, and Developer") requesting approval of amendments to the Otay Ranch General Development Plan (GDP), Otay Ranch Village 2 SPA Plan and Otay Ranch Village 2 Planned Community District Regulations and associated regulatory documents affecting 111.6 acres ("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 Development Plan and SPA Plan and associated Design Guidelines, PFFP, WCP and AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006; 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006; and 3) Tentative Subdivision Map approved by City Council Resolution 2006-157 on May 23, 2006; and Resolution No. 2012-009 Page 2 D. Environmental Determination WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report (FEIR 02-02) for Otay Ranch Villages Two, Three, and a Portion of Village Four Sectional Planning Area (SPA) Plan. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of a subsequent document have occurred; therefore, the Development Service Director has prepared an addendum to this document FEIR 02-02; 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 a public hearing on the date and time on which it was noticed, namely January 11, 2012, and voted 6-0-1 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 January 11, 2012, and the resulting minutes and resolution 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 notices of said hearings, together with its purposes 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 January 24, 2012 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 heaz 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: Resolution No. 2012-009 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 Second Tier FEIR-02-02 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 has considered Addendum to Second-Tier FEIR-02-02. III. GDP/SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the Otay Ranch Village 2 SPA Plan reflect land uses that are consistent with the Otay Ranch Village 2 General Development Plan and the City of Chula Vista General Plan. The residential nature of the proposed unit transfers would be consistent with the adopted medium-density residential designation for the project site and compatible with the surrounding residential densities of up to 15 du/ac and open space land uses of the Otay Ranch azea. The transfer of 113 residential units from the westerly and southerly portion to the northerly portion involving 111.6 acres would occur internally within the boundaries of the approximate 775-acre project azea. The transferred units would be located in closer proximity to the village core that provides for commercial and public/quasi-public uses adjacent to transit, furthering the policy of the Otay Ranch GDP that "Urban Villages" have "higher densities and mixed uses in the Village Core ". B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Otay Ranch Village 2 SPA Plan rely on a combination of the previously prepared and approved PFFP and the newly prepazed supplemental PFFP to outline infrastructure required to serve the entire, previously approved 2,786 unit project, along with the timing of installation and the financing mechanisms to promote the sequentialized development of the project. The requested transfer of 113 units will not affect the timeframes outlined in the previous PFFP. Development of the 113 units will occur in an orderly, sequentialized manner as outlined in the PFFP, as part of the overall development of Otay Ranch Village 2, such that facilities are available at such time as needed. C. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Resolution No. 2012-009 Page 4 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 Otay Ranch General Development Plan and Village 2 SPA Plan. The transfer of 113 units involving 111.6 acres would occur internally within the boundazies of the approximate 775 acre project site. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed ] 13-unit transfer, as described in the supplemental PFFP. Additionally, a Water Quality Technical Report has been prepazed, reviewed and approved by the City Engineer, ensuring that the proposed project meets the required water quality standards that are in effect. An Addendum to FEIR-02-02 has been prepared and the Development Services Director has determined that any impacts associated with the proposed amendments have been previously addressed in FEIR-02-02; 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. IV. APPROVAL OF GDP/SPA AMENDMENTS Based on the findings above, the City Council approves the amendments to the Otay Ranch GDP and Village 2 SPA Plan shown in Exhibits "B" and "C" attached hereto, and Attachment "6", on file in the Office of the City Clerk, subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in FEIR-02-02, 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 Otay Ranch Village 2 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 after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike oub 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 Otay Ranch Village 2 SPA, PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Village 2 Unit Transfer 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 Departrnent 10 copies and a CD of the approved amendment to the Otay Ranch Village 2 SPA Plan, and PC District Regulations. Resolution No. 2012-009 Page 5 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 the issuance of future building permits; deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigate or compel the compliance or seek damages for violations of such conditions. No vested rights aze gained by Applicant or successor in interest by the City approval of this Resolution. VI. 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 Halber , .E., AICP Glen R. ogins i Assistant C t Manager/Development Services ~ Atto y Director Resolution No. 2012-009 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of January 2012 by the following vote: AYES: Councilmembers: Aguilaz, 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 t ^ 4 Cheryl Cox, M or I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-009 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 24th day of January 2012. Executed this 24th day of January 2012. ,~.~,~ Donna R. Norris, CMC, City Clerk Resolution No. 2012-009 EXHIBIT A Resolution No. 2012-009 Page 8 Of¢y Ranch GDP/SRP o part ft Legend P~d,rlYwl _ ~~ _ rr q~r~w rr.~sa,r~ ®Yw,w~u~Ki `IU.Irna.~Mwsw•.rvM r ~ ,wvr~ _w~~ s~rlnu l7JL uanlnorr~~ SO~IVYIrIrvrgY~~'Gpl,un~fyl ~e a ra INreuJ rnw,uiw,sM ~~~ VWR'OAnSMUlpl,n ® w• Ire nm u. u~rs.erwrnW r . ~. Proposed Exh3k A7 Village Two Lantl Use Map ~ ` _+ /ILLAGE ` :'; ,' f r, `, i r ..j- f~:/= 0 4a0 80P 160U Srak in ast Exhibit B Adopted October 28, 1993 Amended Jane 4, 7996 Amended November ]Q 1998 Page I26 Amended October 23, 2001 Amended December I3, 2005 Amended May 23, 2006 Amended December 20, 1011 Resolution No. 2012-009 Page 9 Monrente ~ Oray Rarvh Bwiness Pmk Sec:iond Planning A*en Plan Gray FaKn Villag_s Two, Tutee aril a Portion of Faur II-Dewlrymen: Corcep[ a'f-! a R-6 h~Yrl a R rt.~•f tUyR«M R-D IINLY f ~A~IW.1fFR/i / //~SFMI 1 SMlAK6ill 9 ~( ! ~` - - R u § ~ ~ . ' R-r R-% F.I N y/ /\ \/ R A r ; ~ KPf~ R 19 LJ F Of R R I R! 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