Loading...
HomeMy WebLinkAboutReso 2012-056RESOLUTION NO. 2012-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE MITIGATED NEGATIVE DECLARATION (IS-10-009); APPROVING AMENDMENTS TO THE OTAY RANCH GDP, OTAY RANCH VILLAGE 2 SPA PLAN AND ASSOCIATED REGULATORY DOCUMENTS IN ORDER TO ADD 197 UNITS AMONG FOUR 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 SPA Amendment ("Project"), and for the purpose of general description herein consists of 27.6 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 November 22, 2010 by Otay Ranch New Homes, LLC ("Applicant, Owner, and Developer") requesting approval of amendments to the Otay Ranch General Development Plan (GDP), Otay Ranch Village Two, Three and a Portion of Village Four SPA Plan ("Village 2 SPA Plan") and Otay Ranch Village Two Planned Community District Regulations and associated regulatory documents affecting 27.6 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, SPA Plan and associated Design Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2006-156 on May 23, 2006, and amended City Council Resolution No. 2012-009 on January 24, 2012; 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 3036 on June 6, 2006, and amended by City Council Ordinance No. 3225 on February 14, 2012; and 3) Tentative Subdivision Map (CVT 06-OS) approved by City Council Resolution 2006-157 on May 23, 2006; Tentative Subdivision Map (CVT 11-02) approved by City Council Resolution 2012-10; Tentative Subdivision Map (CVT 11-03) approved by City Council Resolution 2012-11; Tentative Subdivision Map (CVT 11-04) approved by City Council Resolution 2012-12; and Tentative Subdivision Map (CVT 11- 05) approved by City Council Resolution 2012-13 on January 24, 2012; and Resolution No. 2012-056 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 conducted an Initial Study, IS 10-009, in accordance with CEQA. Based upon the results of the Initial Study, the Development Services Director has determined that the project could result in significant impacts on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where cleazly no significant effects would occur; therefore, the Development Services Director has prepared a Mitigated Negative Declazation, IS 10-009 and associated Mitigation and Reporting Program; 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 March 14, 2012 and voted 4-1-1-1 to forward 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 March 14, 2012 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 notices 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 heazing on the Project was held before the City Council of the City of Chula Vista on April 3, 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 hear 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. 2012-056 Page 3 II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that on the basis of the whole record before it, including the initial study and any comments received, the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The City Council has exercised their independent review and judgment and concurs with the Planning Commission, and Development Services Director that Mitigated Negative Declaration (IS-10-009), in the form presented, has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-10-009). 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 current General Plan land use designation for Neighborhoods R-7 and R-9 is Low Medium Residential Density (3-6 DU/AC), which represents an average density across all the Village 2 single family neighborhoods. The proposed project is consistent with this land use designation because the average density of the Village 2 single family neighborhoods does not increase above 6 DU/AC. The current Otay Ranch GDP land use designation for Neighborhoods R-7 and R-9 is Medium Residential (6-11 DU/AC). The proposed project results in a density of 8.7 DU/AC (R-7A) and 9.4 DU/AC (R-9), consistent with the GDP land use designation. The GDP land use designation is only Medium Residential for R-7 and R-9 Neighborhoods. However, when averaged with the entire Village 2 single family neighborhoods, the overall density does not increase above 6 DU/AC, consistent with the General Plan Low Medium Residential land use designation and density range. The existing implementing zone in the Village 2 Planned Community District Regulations is RM-1 Multi-Family Residential. The proposed increase of 38 units within R-7A changes the development pattern from traditional linear single family lotting to a more compact four-unit auto court pattern. Additionally, the proposed increase of 11 units/lots in R-9A implements an alley-loaded product. Both the alley-loaded and auto- court patterns of development enhance pedestrian activity and neighborhood aesthetics by removing garages and driveways from street view. Lots range from 3,111 sq. ft. to 5,976 sq. ft. in size. Neighborhoods R-28 and R-29 are within the Village Core. The current General Plan Resolution No. 2012-056 Page 4 land use designation for the Village 2 core area is Mixed Use Residential. The proposed project is consistent with this land use designation. The current Otay Ranch GDP land use designation for the Village 2 core area is Medium- High Density (11 to 18 DU/AC). The proposed increase of 148 units in R-28 and R-29 increases the density in the Village Core and increases the average residential density within the Village 2 Core area to 13.4 DU/AC, consistent with the GDP land use designation. This density increase supports the viability of the future planned commercial component of the Village 2 Land Use Plan. As currently approved, the densities of 8.9 DU/AC (R-28) and 15.1 DU/AC (R-29) are at the lower end of desired densities in a village core azea. The proposed changes result in densities of 26.9 DU/AC (R-28) and 25.1 DU/AC (R-29), appropriate with the village core and consistent with the transit- oriented densities encouraged in the Otay Ranch GDP. The proposed unit increase would not result in any significant land use, planning, or zoning impacts. The Village 2 SPA Plan would be amended to maintain consistency with the new density configuration within the northern and central portions of the Village. Though the addition of 197 units would increase the density of the four neighborhoods, such an increase furthers the policy objective for "Urban Villages" to have "higher densities and mixed uses in the village cores" and to "provide a wide range of residential housing opportunities...which promotes a blend of multi family and single family housing styles and densities, integrated and compatible with other land uses in the area." The proposed unit increase would support Smazt Growth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversity, increase pedestrian orientation and make commercial uses in Village 2 more viable. All off-site public streets required to serve the subdivision already exist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance with the City design standards and/or requirements and provides for vehiculaz and pedestrian connections. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Village 2 SPA Plan rely on a combination of the approved Village Two, Three and Portion of Village Four Public Facilities Finance Plan (Village 2 PFFP) and the newly prepazed Village 2 SPA Amendment Supplemental PFFP (Supplemental PFFP) to outline infrastructure required to serve the entire, previously approved 2,786 unit project and the 197 additional units proposed as part of the Village 2 SPA Amendment, along with the timing of installation and the financing mechanisms to promote the sequential development of the project. The requested increase of 197 units will not affect the timeframes outlined in the Supplemental PFFP. Development of the 197 units will occur in an orderly, sequential manner as part of the overall development of Village 2. C. THE OTAY RANCH VILLAGE 2 SPA PLAN, AS AMENDED, WILL NOT Resolution No. 2012-056 Page 5 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 Otay Ranch General Development Plan and Village 2 SPA Plan. The increase of 197 units involving 27.6 acres would occur internally within the boundazies of the approximate 775 acre Village 2 site. The existing infrastructure (sewer, water, public services and facilities) has been determined to be adequate to serve the proposed 197 additional units as described in the Supplemental PFFP. Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact Study, Air Quality and Global Climate Change Report, Water Service Technical Memo and Sewer Service Technical Memo have been prepared, reviewed and approved. A Mitigated Negative Declaration has been prepazed, and the Development Services Director has determined that any impacts associated with the proposed amendments have been addressed and 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, and Attachment 6 on file in the office of the City Clerk, subject to the conditions set forth below: The Project shall comply with all mitigation measures specified in Mitigated Negative Declaration (IS-10-009), to the satisfaction of the Development Services Director. 2. All the terms, covenants and conditions contained within the "Exhibit B" of the Otay Ranch Village Two, Three and a portion of Four SPA Plan Resolution 2006-156 shall continue to be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Prior to issuance of the first Building Permit for the Project, the Applicant shall record a deed restriction on 0.9 acres within the Village 7, R-3 neighborhood for Community Purpose Facility uses. In addition, the Applicant will enter into an Agreement with the City for the final resolution of the Village 2 0.9 acre CPF obligation with regard to siting and development provisions, including and not limited to obtaining the necessary entitlements, to the satisfaction of the Development Services Director. 4. Developer shall provide the required affordable housing within Neighborhoods R-28 and/or R-29 to the satisfaction of the Development Services Director. 5. Prior to the issuance of a Certificate of Occupancy for the 150th dwelling unit within the project, the applicant shall provide a public benefit endowment to the City in the amount of $142,000 for additional park enhancement amenities within the future Otay Ranch Community Park, located within Village 4. 6. Prior to approval of building permits for each phase of the Project, the Applicant shall Resolution No. 2012-056 Page 6 demonstrate that the air quality control measures outlined in the Otay Ranch Village 2 SPA Plan Air Quality Technical Report pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 7. Prior to the 30`h day after this Resolution becomes effective, the Applicant shall prepaze 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 Otay Ranch Village 2 SPA, PC District Regulations, and Village Design Guidelines, for the Village 2 SPA Amendment project shall be incorporated into the final document and approved by the Director of Development Services for printing. 8. Prior to the 30`h day after this Resolution becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Otay Ranch Village 2 SPA Plan, and 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, 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. 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 aze 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. Resolution No. 2012-056 Page 7 Presented by .E., Assistant Approved as to form by ----~ 'Z.~1 ~ ~ Glen R. oogins ; of t rney .~__ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 3rd day of April, 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Ramirez ATTEST: Donna R. Noms, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl Cox, yor I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-056 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 3rd day of April, 2012. Executed this 3rd day of April, 2012 ~,, ~ ~~ Donna R. Noms, CMC, City Clerk Resolution No. 2012-056 Page 8 EXHIBIT A