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HomeMy WebLinkAboutReso 2001-289 RESOLUTION NO. 2001-289 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI-1ULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN FOR VILLAGE FIVE WHEREAS, the property which is the subject matter of this resolution is identified on Exhibit "A" attached hereto and described on Chula Vista Tract 97-02, and is commonly known as The Otay Ranch Village Five Core ("Property"); and WHEREAS, a duly verified application requesting amendments to the Otay Ranch SPA One Plan; the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan was filed with the Planning and Building Department on December 20, 2000 by McMillin Otay Ranch, L.L.C. ("Applicant"), to wit PCM-01-11; and WHEREAS, said application requests approval of the attached amendments to the Otay Ranch Sectional Planning Area (SPA One) Plan, the SPA One Village Design Plan; the SPA One Parks, Recreation, Open Space and Trails Master Plan; and the Village Five Core Master Precise Plan in order to revise the Village Five Core (Parcels R-45/C-3/P-8) to change from a "Town Square" to a "Main Street" concept and to implement a mixed-use development ("Project"); and WHEREAS, the Village Five Core is located within SPA One, said Village Five area being located south of Telegraph Canyon Road, west of planned State Route 125, north of Olympic Parkway and east of La Media Road; and WHEREAS, the City Clerk set the time and place for a heating on the Project, 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 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the EIR-95-01, and has been evaluated as IS-01-035 to determine if any significant differences exist; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01; therefore, an Addendum to FEIR 95-01 is has been prepared in accordance with the State CEQA Guidelines Section 15164; and WHEREAS, a public forum was held on August 9, 2001 at Heritage Elementary School in SPA One in order to apprise the public of the Project and garner information fi.om area residents; and WHEREAS, a public heating was held at the time and place as advertised, namely 6:00 p.m., August 22, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said public heating was thereafter closed; and Resolution 2001-289 ~- Page 2 WHEREAS, by a vote of 4-0 the Planning Commission recommended that the City Council approve the Project; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the amendments to the Otay Ranch SPA One Plan, the SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heating held on August 22, 2001, and the minutes and resolutions resulting there from, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. ACTION The City Council hereby approves amendments to the Otay Ranch SPA One Plan, the _ SPA One Village Design Plan, the SPA One Parks, Recreation, Open Space and Trails Master Plan, and the Village Five Core Master Precise Plan. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Addendum to EIR 95-01, would have no new effects that were not examined in said Addendum (Guideline 15168 (c)(2)). IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR EIR The City Council hereby finds that the Project would not result in any new environmental impacts that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified in FEIR 95-01. Only minor technical changes or additions are necessary and none of the conditions requiring preparation of a subsequent or supplemental EIR, as identified in 15162 and 15163 exist; and; therefore, an Addendum to FEIR 95-01 has been prepared in accordance with the State CEQA Guidelines Section 15164. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the EIR 95-01. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to Otay Ranch SPA One EIR 97-03, identified as Exhibit "B" to this resolution reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA One EIR 97-03. .- Resolution 2001-289 Page 3 VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP Program EIR 90-01, Otay Ranch SPA One EIR 95-01, and amended Otay Ranch SPA One EIR 97-03. VII. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the Addendum to EIR 95-01, which adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). VIII. CONSISTENCY WITH THE GENERAL PLAN The City Council hereby finds that the proposed Project is consistent with the General Plan based on the following findings: A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Project, which is intended to change the Village Five Core from a "Town Square" to "Main Street" concept and to implement a mixed use project, is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan in that goals and policies in both documents allow for and encourage such development. B. THE AMENDMENTS WILL PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE VILLAGE FIVE CORE. The Amendments contain provisions and requirements to ensure the orderly, phased development of the Village Five Core in that all required and necessary changes have been made to the applicable documents to ensure such orderly, phased development. C. THE PROPOSED AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The intent in changing from a "Town Square" to a "Main Street" concept within the Village Five Core is to provide land uses consistent with and complimentary to those on adjacent parcels. No adverse affects are anticipated from this revision, and residential enjoyment, circulation and environmental quality are anticipated to be significantly enhanced. Implementing a mixed use project will provide positive benefits to the Village Five Core, and the proposed plan closely follows all existing environmental protection guidelines, thereby preventing unacceptable off-site impacts. Resolution 2001-289 - Page 4 IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "C", attached hereto. X. APPROVAL OF AMENDMENTS TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN; THE SPA ONE VILLAGE DESIGN PLAN; THE SPA ONE PARKS, RECREATION, OPEN SPACE AND TRAILS MASTER PLAN; AND THE VILLAGE FIVE CORE MASTER PRECISE PLAN The City Council does hereby approve the Project subject to the conditions set forth in Section VI and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. CONSEQUENCES OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or 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, revoke or further condition issuance of all future building permits issued under the authority of the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation XII. 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 that in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to 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 Leiter Planning and Building Director Resolution 2001-289 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of August, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Horto~(, Mayor ATTEST: Susan Bigelow, City Cl~rk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-289 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of August, 2001. Executed this 28th day of August, 2001. Susan Bigelow, City Clerku CAPRI OTAY P~&N CH CONDOS VILLAGE 5 (SPA l) East PALO~R sr .aPARTMENTS MARIGOLD VISTA NEIGHBORHOOD PRIMROSE CHULA VISTA PLANNING AND BUILDING DEPARTMENT qLOCATOR I PROJECT McMillin Communities inc. PROJECT DESCRIPTION: ) A.PucA~: SPA ONE AMENDMENT I PROJECT Southeast cornerof East Palomar ADDRESS: Street & Santa Cora Avenue Request: Propose a commercial and multi-family residential mixed use development. SCALE: I FILE NUMBER: Related Case: PCM-OI-IO, pcm-Ol-ll NORTH No ScaleI IS-01-035(B) c:\cherryl\locators\isO1035.cdr 6.13.01 rrJilllBIT/t Exhibit "B" Otay Ranch Sectional Planning Area One CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building and the City Engineer (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the Applicant shall be required to provide subordination of any prior lien and easement holders in order to ensure that the City has a first priority interest and rights in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be flee and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. All of the terms, covenants and conditions contained herein shall 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. For purposes of this document the term "Developer" shall also mean "Applicant". 2. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Overall Design Plan; Otay Ranch Sectional Planning Area (SPA) One Plan and supporting documents including: SPA One Public Facilities Finance Plan; SPA One Parks, Recreation, Open Space and Trails Plan; SPA One Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from t'wne to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 3. If any of the terms, covenants or conditions contained herein shall 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 including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. Applicant shall indemnify, protect, defend and hold the City harmless fi.om and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The Project shall comply with all applicable SPA One conditions of approval, as may be amended from time to time. 6. Any and all agreements that the Applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7. The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 2