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HomeMy WebLinkAboutReso 2001-042 RESOLUTION NO. 2001-042 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN TO TRANSFER DENSITY EQUIVALENT TO 130 DWELLING UNITS FROM PLANNING AREAS 7, 10A AND 11 TO PLANNING AREA 10 I. RECITALS A. Project Site WHEREAS, the area of land which is subject to this Resolution is diagrammatically represented in Exhibit "A," attached hereto and incorporated herein by this reference, and commonly known as Planning Area 7, 10, 10A & 11. For the purpose of general description Planning Area 7 is approximately 10.6 acres and targeted for 160 units; Planning Area 10 is approximately 17 acres and targeted for 206 units; Planning Area 10A is approximately 10.9 acres and targeted for 214 units; and Planning Area 11 is approximately 18 acres and targeted for 160 units ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on August 17, 2000, by The Morgan Group, Inc. requesting approval of a 130-unit density transfer from Planning Area 7, 10A and 11 to Planning Area 10 ("Project"); and C. Prior Discretionary Approvals WHEREAS, the subject property has been the matter of 1) a prior General Development Plan resulting in the current land use designations as shown on the Sunbow II General Development Plan (GDP), previously approved by City Council Resolution No. 15427 on December 5, 1989; 2) Sunbow II Affordable Housing Agreement, previously approved by City Council Resolution No. 18662, on May 13, 1997; 3) Sunbow II Public Facilities Financing Plan, previously approved by City Council Resolution No.15525 on January 24, 1990; 4) The Sunbow II Sectional Planning Area (SPA) Plan, previously approved by Resolution No. 15524 on February 20, 1990; 5) Sunbow II Planned Community District Regulations and Land Use District Map, previously approved by Ordinance No. 2361 on February 27, 1990; 6) Sunbow II Design Guidelines, previously approved by City Council Resolution 15640 on May 22, 1990; 7) Sunbow II Tentative Subdivision Map (TSM 90-07), which was approved by Resolution No. 115640 on May 22, 1990; and 8) Sunbow II Village Center SPA Amendment approved by Resolution No. 2000-221 on June 20, 2000; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 14, 2001, and after hearing staff presentation and public testimony, voted 6-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and Resolution 2001-042 - Page 2 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 February 27, 2001, on the Project and to receive the recommendations of the City Council, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a heating on said SPA amendment application and notice of said heating, 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 ~. of the exterior boundary of the project at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., February 27, 2001, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating 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 heating on the Project held on February 14, 2001, 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), and therefore no further action is necessary. IV. COMPLIANCE WITH CEQA The City Council has previously reviewed, analyzed, considered, and certified FSEIR-88- 01 for the original Sunbow GDP and SPA. Based on this, the Environmental Review Coordinator has determined that the proposed project has been adequately addressed for compliance with CEQA in the Sunbow Final EIR 88-01 and Addendum to Final EIR 88- 01, and no further action is necessary V. ADOPTION OF SPA In light of the findings described herein, the amendment to the Sunbow SPA Plan, in the form attached hereto and incorporated herein as Exhibit "B," is hereby approved. VI. DENSITY TRANSFER FINDINGS Density transfers are allowed under Section 1.0 of the Sunbow II SPA PC District Regulations: provided the density transfer improves the spatial arrangement and "- functional relationships, or materially increase the quality of the land use. Density Resolution 2001-042 Page 3 transfers are allowed in order to promote density flexibility and residential diversity, which may be approved as part of the SPA approval process. The increase in the number of units must be accompanied by a corresponding decrease within another Planning Area. · The density transfer improves the spatial arrangement and functional relationships, or materially increase the quality of land use. The 4 parcels are in close proximity to each other. The density transfer preserves the overall composition of residential units (by preserving the subject 130 multi-family dwelling units) which were envisioned in the adopted Sunbow II SPA Plan, and thereby maintaining a balanced community. The project will also increase the quality of land use by meeting market demand for upscale apartments with high tech amenities as well as providing additional common/private open space. · The density transfer promotes density flexibility and residential diversity The 130-unit density transfer is amongst four (4) parcels designated for multi-family land use within the adopted Sunbow II SPA Plan, and will allow for a balanced mix of condominiums and apartments within the Sunbow Planned Community. The density transfer will allow the applicant the opportunity to build additional luxury apartments within Sunbow II planned community and provide a well designed site plan and architecturally enhanced buildings that are compatible in scale with the surrounding commercial and multi-family residential developments to the west. · The increase in number of units must be accompanied by a corresponding decrease within another Planning Area. The 130-unit increase to Planning Area 10 is accompanied by a corresponding decrease in Planning Areas 7, 10A and 11, therefore, the overall residential density authorized in the adopted Sunbow II SPA Plan will remain unchanged (1,946 dwelling units). VII. SPA 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 transfer of dwelling units from one residential category to another within the General Development Plan (GDP) is permitted provided the overall number of dwelling units for the GDP is not exceeded. The proposed density transfer does not increase the GDP number of permitted dwelling units. Thus, the proposed SPA amendment is consistent with the Sunbow II General Development Plan and City of 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. Resolution 2001-042 Page 4 The density transfer substantially improves the overall residential product composition in the Sunbow II SPA Plan, and public facilities would be installed as prescribed in the Sunbow II Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. C. THE SUNBOW SECTIONAL PLANNING AREA, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONEMNTAL QUALITY. The 130-unit density transfer to Planning Area 10 will not adversely affect adjacent land use, residential enjoyment, circulation or environmental quality, as the overall land use composition within Sunbow II will remain in accordance with the originally adopted SPA plan. D. 1N THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The density transfer substantially improves the overall residential product composition in the Sunbow II SPA Plan, and public facilities would be installed as prescribed in the Sunbow II Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. E. IN THE CASE OF RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The density transfer is among 4 parcels designated for multi-family development that are located in close proximity, and do not result in an overall increase in units within Sunbow II Planned Community. The previously adopted FEIR 88-01 analyzed the proposed development, and a mitigation monitoring program was prepared, which provided mitigated measures to insure the installation of all necessary public facilities and amenities prior to or in conjunctions with development. Thus, the 130-unit density transfer will not adversely affect the surrounding commtmities. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The density transfer does not involve amendments to the planned circulation system. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE RESIDENTIAL USES NEEDED AT SUCH PROPOSED LOCATION(S). Resolution 2001-042 Page 5 The proposed amendment to the Sunbow II SPA Plan does not involve new residential development. However, the adopted residential uses reflect the adopted Chula Vista General Plan and will provide needed residential units to future residents in the area. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The density transfer substantially improves the overall residential product composition in the Sunbow II SPA Plan, and public facilities would be installed as prescribed in the Sunbow II Public Facilities Financing Plan to promote the orderly sequentialized development of the Sunbow II Planned Community. VIII. ADOPTION OF AMENDMENTS TO SPA In light of the timings described herein, the City Council does hereby approve amendments to the Sunbow SPA to allow a 130-unit density transfer in the form attached hereto and incorporated herein as Exhibit "B ." All remaining conditions of Sunbow SPA Resolution 15524 not modified by the Resolution shall remain in full force and effect. IX. SPA AMENDMENT CONDITIONS OF APPROVAL 1. Comply and remain in compliance with all applicable Tentative Map conditions of approval for Chula Vista Tract (CVT) 90-07 and applicable Supplemental Subdivision Improvement Agreement for Sunbow, Phase 1C. 2. Prior to the issuance of the first building permit, the applicant shall deposit $3,500 into a project account determined by the City's Transit Coordinator, representing the project's share for bus stop facilities that would be installed on East Palomar Street to serve the project. 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 fight 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 rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XI. INVALIDITY; 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 Resolution 2001-042 -- Page 6 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 Planning and Building Director A PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of Febrnary, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shirley I~o~,~layor Susan Bigelow, City Clerk 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. 2001-042 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 February, 2001. Executed this 27th day of Febrnary, 2001. Susan Bigelow, City Clerk R2001-042 No 8 vc R2001-042 / SUNBOW 'ROJECT IOUNDARY STATISTICAL SUMMARY Site Utilization Plan Exhibit B