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HomeMy WebLinkAboutReso 2000-221 RESOLUTION NO. 2000-221 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-00-16 AND MITIGATION MONITORING AND REPORTING PROGRAM; AND APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AND SUNBOW II DESIGN GUIDELINES TO IMPOSE CONDITIONS AND AMEND THE ADOPTED VILLAGE COMMERCIAL CENTER DESIGN CONCEPT FROM A "MA1N STREET" PEDESTRIAN VILLAGE TO A MORE CONTEMPORARY NEIGHBORHOOD COMMERCIAL CENTER. I. RECITALS A. Project Site WHEREAS, the area of land which is subject matter of this Resolution is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference, and commonly known as Sunbow II Village Center and for the purpose of general description is located at the northeast comer of Medical Center Drive and East Palomar Street ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on January 7, 2000, a duly verified application was filed with the City of Chula Vista Planning Department by Kitchell Development Company ("Developer"), requesting approval of amendments to the Sunbow II Sectional Planning Area (SPA) plan - Village Center Design Guidelines to change the adopted Village commercial center design concept from a "Main Street" Pedestrian Village to a more contemporary neighborhood commercial center ("Project); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Development Plan, Sunbow II General Development Plan, previously approved by City Council Resolution No. 15427 CGDP") on December 5, 1989; 2) a Sectional Planning Area (SPA) plan, Sunbow II Sectional Planning Area Plan ("SPA"); 3) Planned Community District Regulations, Sunbow II Planned Community District Regulations; 4) Design Guidelines, Sunbow II Design Guidelines; and 5) Public Facilitites Finance Plan, Sunbow II Public Facilities Financing Plan all previously approved by City Council Resolutions 15524, 15525, and 15427, and Ordinance 2346 on December 5, 1989; Sunbow II Air Quality Improvement Plan (AQIP approved by Resolution No. 18978 on April 28, 1998; and D. Planning Commission Record on Application Resolution 2000-22 Page 2 WHEREAS, the Planning Commission held an advertised public heating on the Project on June 7, 2000 and, after hearing staff presentation and public testimony, voted (4-0) to recommend that the City Cotmcil approve the Project, in accordance with the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on June 20, 2000 on the Project, and to receive the recommendations of the Planning and Resource Conservation Commissions, and to hear public testimony with regard to same; and WHEREAS, the city clerk set the time and place for a hearing on said SPA amendment 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 ft. of the exterior boundary of the project at least 10 days prior to the heating; and WHEREAS, the heating was held at the time and place as advertised, namely 6:00 p.m. June 20, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on June 7, 2000, and the minutes and resolutions resulting therefrom are hereby incorporated into the record of this proceeding. III. PREVIOUS EIR-88-01 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FSEIR 88-01 (Sunbow Sectional Planning Area (SPA) Plan). IV. COMPLIANCE WITH CEQA The Environmental Review Coordinator prepared an Initial Study (IS 00-16) and determined that although the proposed project could have significant effects on the environment, there will not be significant effect in this case because of mitigation measures have been incorporated and agreed to by the project proponent. A Mitigated Negative Declaration and Mitigation Monitoring program were prepared which must be considered by the City Council prior to a decision on the Project. V. iNDEPENDENT JUDGMENT OF CITY COUNCIL · ~- Resolution 2000-221 Page 3 The City Council finds that the Mitigated Negative Declaration, IS-00-16 has been prepared in accordance with the requirements of the Califomia Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista, and that the Mitigation Monitoring Program is designed to ensure that during Project implementation, the permittee/Project applicant, and any other responsible parties implement the project components and comply with the mitigation Monitoring Program. The City Council finds that the Mitigated Negative Declaration reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration, and adopts Mitigation Monitoring Program set forth therein, a copy of which is on file in the office of the City Clerk. VI. ADOPTION OF SPA AMENDMENT In light of the findings described herein, the amendment to the Sunbow II Sectional Planning Area (SPA) Plan and Village Center Design Guidelines, in the form attached hereto and incorporated herein as Exhibit "B," is hereby approved. VII. SPA AMENDMENT FINDINGS APPROVAL .-, A. THE SECTIONAL PLANNING AREA PLAN FOR SUNBOW (AS AMENDED) IS IN CONFORMITY WITH THE SUNBOW GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended Sunbow II SPA Plan and Village Center Design Guidelines, which is a component of the Sunbow II Sectional Planning Area (SPA) Plan, are consistent with the adopted Sunbow II General Development Plan (GDP) and the Chula Vista General Plan. B. THE SUNBOW SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The Sunbow II SPA Plan and Village Center Design Guidelines, as amended are consistent with the Sunbow II Public Facilities Financing Plan and will therefore promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE SUNBOW SECTIONAL PLANNING AREA, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The amended Sunbow II SPA Plan and Village Center Design Guidelines provide site plan and architectural guide to develop a functional and properly adapted commercial center. Resolution 2000-221 .~'-~ Page 4 D. IN THE CASE OF PROPOSED COMMERCIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A COMMERCIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amended Sunbow II SPA Plan and Village Center Design Guidelines provide development standards to create a functional and attractive commercial center to serve the residents of Sunbow II in a stable and desirable commercial environment. E. IN THE CASE OF COMMERCIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN THE AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments to the Sunbow II Village Center Design Guidelines do not involve new commercial development. F. THE STREET AND THOROUGH FARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendments do not involve amendments to the planned circulation system depicted on the General Plan Circulation Element. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL USES NEEDED AT SUCH PROPOSED LOCATION (S). The proposed amendments to the Sunbow II SPA Plan and Village Center Design Guidelines do not involve new commercial development. However, the adopted conm~ercial uses reflect the adopted Chula Vista General Plan and will provide needed commercial services to future residents in the area. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendment will be highly compatible with surrounding residential neighborhoods. Thus, these areas can be planned in substantial compatibility with the Project. Resolution 2000-221 Page 5 VIII. ADOPTION OF AMENDMENTS TO SPA TO IMPOSE CONDITIONS In light of the findings described herein, the City Council does hereby approve amendments and impose conditions to the Sunbow II SPA Plan. IX. SPA AMENDMENT CONDITIONS OF APPROVAL 1. Implement all remaining conditions of Sunbow II SPA Plan Resolution 15524 not modified by the Resolution, which shall remain in full force and effect. 2. Prior to issuance of the first building permit, prepare, submit and obtain approval by the Director of Planning and Building of all necessary changes to the adopted Sunbow II SPA documents, maps, text and exhibits to reflect Councils approval of this SPA amendment, and submit twenty copies of final replacement sheets. 3. The project shall conform to requirements of the goveming jurisdiction, building codes, and standard practices of the Association of Structural Engineers of California. In addition, the project will implement all previously approved mitigation measures identified in the Update Geotechnical Investigation: The Plaza at Sunbow (Geocon 2000). These include: Mitigation measures 7.1.1 through 7.12.1 contained in the revised Update by Geocon, Inc. (February 2000). The report includes mitigation measures addressing geotechnical concerns and potential impacts and is on file at the City of Chula Vista Planning Department. These measures shall adhered to, subject to approval by the City of Chula Vista. Mitigation measures outlined for grading, seismic design and settlement, slope stability and construction of retaining walls, foundations, paving, and site drainage are hereby incorporated by reference Grading plans shall be reviewed by a qualified geologist prior to finalization. A qualified geologist shall also review project site plans to determine appropriate setbacks for development in the vicinity of the La Nacion Fault. Additional subsurface investigation shall also be conducted and approved by the City of Chula Vista once the location of cut and fill slopes are known. 4. Prior to occupancy, a screening wall shall be constructed along the north side of the truck loading dock. The wall must be high enough to break the line of sight between truck refrigerator units at the loading dock and five-foot high person standing 10 feet back from the edge of the pad. This loading dock wall must break the line of sight and result in a noise reduction of between five and six decibels. with this barrier, truck noise will be reduced to below the 60dB (A)t eqm standard. 5. No deliveries shall be made between 10 P.M. and 7 A.M., and truck engines must be .--- turned off at this time. Prior to project occupancy, the market delivery site shall be Resolution 2000-22 Page 6 posted as "no idling after 10:00 P.M." to insure that trucks do not idle )aside from their refrigeration units) while loading. 6. Prior to occupancy or at the time HVAC equipment has been identified and a design is available, product-specific acoustical information shall be used to calculate the effects of potential noise exposure. If predicted noise levels resulting from these systems exceed the City standards, barriers and/or enclosures shall be designed to insure compliance. Prior to occupancy, a study shall be completed demonstrating that barriers and enclosures have been adopted to insure no adverse noise effects to area residents. 7. Prior to issuance of building permits, the proposed project shall construct a westbound deceleration/right-turn lane on East Palomar Street to improve the Level of Service at the intersection of the eastern project driveway with East Palomar Street to an acceptable LOS D during the P.M. peak hour. X. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and ~,~ maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested fights are gained by Developer or a successor in interest by the City's approval of this Resolution. XI. 1NVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provision, or conditions are determined by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Robert A. Leiter . Kaheny ~ Planning and Building eyAt Resolution 2000-221 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of June, 2000, by the following vote: AYES: Councilmembers: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Moot Shirley Horton, ~aa~or ATTEST: Susan Bigelow, City ~k STATE OF CALIFORNIA ) --~ COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2000-221 was duly passed, approved, and adopted by the City Council at a regular th meeting ofthe ChulaVista City Council held on the20 day ofJune, 2000. Executed this 20th day of June, 2000. Susan Bigelow, City Clerk TELEGRAPH "" L~R m~N, pL~.~(ffCHELL DEVELOPMENT CO. PRO~ECTDESCmFnO~ ' ' SPA AMENDME!~IT PROJECT North east comer of Medical Center h:~home~Dlannino\hector~locators\ocrn13(llR t.dr r)K/171(1R A ~ ~' EXISTING No Scale JTILIZATION PLAN . """~,, ~ -- ;~...,_x, BOUNDARY STATISTICAL SUMMARY Figure 1 i~f A ~ "" PR OPOSED- SUNBOW No Scale SITE UTILIZATION PLAN IOUNDARY Figure 2 I m F L ?