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HomeMy WebLinkAboutReso 2001-453 RESOLUTION NO. 2001-453 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AMENDMENT TO CONDITIONS 5 OF THE SAN MIGUEL RANCH TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 99-04, AND SECTION I1.5.4.1.15 OF THE SAN MIGUEL RANCH PUBLIC FACILITIES FiNANCiNG PLAN TO ALLOW AN INCREASE iN THE NUMBER OF DWELLiNG UNITS THAT MAY BE BUILT PRIOR TO STATE ROUTE-125 (SR-125) FREEWAY FROM OLYMPIC PARKWAY TO STATE ROUTE-54 (SR-54) OPENING FOR PUBLIC ACCESS I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A," attached hereto and incorporated herein by this reference, and commonly known as, San Miguel Ranch, and for the purpose of general description herein consists of approximately 743 acres located east and west of the future SR-125 freeway, and north of East "H" Street/Proctor Valley Road ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, the City of Chula Vista initiated an application requesting approval of amendments to conditions No.5 of the San Miguel Ranch Tentative Subdivision Map, Chula Vista Tract 99-04 and Section 11.5.4.1.15 of the San Miguel Ranch Public Facilities Financing Plan (PFFP) to allow an increase in the number of equivalent dwelling units (EDU's) that may be built prior to SR-125 opening for public access from 675 to 892 ("Amendment"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a General Development Plan, San Miguel Ranch General Development Plan ("GDP"), previously approved by City Council Resolution No.18532; 2) a Sectional Planning Area ("SPA") plan, San Miguel Ranch Sectional Planning Area (SPA) plan; 3) Air Quality Improvement Plan (AQIP), San Miguel Ranch Air Quality Improvement Plan; 4) Water Conservation Plan (WCP), San Miguel Ranch Water Conservation Plan; 5) Design Guidelines, San Miguel Ranch Design Guidelines; 6) Public Facilities Financing Plan (PFFP), San Mignel Ranch Public Facilities Financing Plan; and 7) Planned Communities District Regulations, San Miguel Ranch Planned Community District Regulations all previously approved by City Council Resolution No.19631, and Ordinance 2799 on October 19, 1999; Tentative Subdivision Map, San Miguel Ranch Tentative Subdivision Map, Chula Vista Tract 99-04, and, (referred to collectively herein as "Previous Entitlements"); and WHEREAS, the project consist of amending Condition No.5 of the San Miguel Ranch Tentative Subdivision Map, Chula Vista Tract 99-04, and Section 11.5.4.1.15 of the San Miguel Ranch Public Facilities Finance Plan to ratify the development cap increase from 675 to 886 Equivalent Dwelling Units (EDU) prior to completion of SR-125 ("Project"); and Resolution No. 2001-453 Page 2 D. Planning Commission Record on Application WHEREAS, the Planning Commission had previously held an advertised public heating on the Project on April 12, 2000 and, after hearing staff presentation and public testimony, voted 4-2-1 (Commissioners Hall and Castaneda opposed, Commissioner Ray excused) to recommend that the City Council approve the Traffic Analysis entitled "East 'H' Street Capacity Analysis 1999-2005" which assumed San Miguel Ranch development to be 984 EDU's prior to SR-125 being completed and open for public access. E. City Council Record of Applications WHEREAS, a duly called and noticed public heating on the Amendment was held before the City Council of the City of Chula Vista on December 17, 2001, on the Amendment and to receive the recommendations of the Plarming Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a heating on said 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 ft. of the exterior boundary of the project at least 10 days prior to the heating; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., 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 of the City of Chula Vista does hereby find, determine and resolve as follows: II. PLANN1NG COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public heating held on April 12, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. PREVIOUS FEIR-89-03 AND FSEIR-91-3 REVIEWED AND CONSIDERED; FINDiNGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FEIR 89-03 and FSEIR-91-03 for the Project Entitlements. IV. COMPLIANCE WITH CEQA WHEREAS, the Environmental Review Coordinator has conducted an Initial Study IS- 02-013 and determined that the Project will not have a significant impact on the environment. Therefore, an Addendum to Final Mitigated Negative Declaration (IS-00-05) has been prepared in accordance with the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista; and V. iNDEPENDENT JUDGMENT OF CITY COUNCIL Resolution No. 2001-453 Page 3 WHEREAS, the City Council finds that the Addendum to Final Mitigated Negative Declaration, IS-00-05 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 WHEREAS, the City Council finds that the Addendum to the Final Mitigated Negative Declaration (IS-00-05) reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to the Final Mitigated Negative Declaration. VI. ADOPTION OF SPA In light of the findings described herein, the amendment to the San Miguel Ranch Public Facilities Finance Plan, in the form attached hereto and incorporated herein as Exhibit "B," is hereby approved. VII. SPA FiNDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA PLAN FOR SAN MIGUEL RANCH (AS AMENDED) IS IN CONFORMITY WITH THE SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended San Miguel Ranch Pubhc Facilities Finance, which is a component of the San Miguel Ranch Sectional Planning Area (SPA) plan, is consistent with the adopted San Miguel Ranch General Development Plan (GDP) and the Chula Vista General Plan. B. THE SAN MIGUEL RANCH SECTIONAL PLANN1NG AREA PLAN, AS AMENDED WlLL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The San Miguel Ranch Public Facilities Finance Plan, as amended is consistent with the Air Quality Improvement Plans, and Water Conservation Plans and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALIT The land uses are not proposed to be changed within the San Miguel Ranch Sectional Planning Area (SPA) plan and therefore will not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. D. IN THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL 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 Resolution No. 2001-453 Page 4 The amendments do not involve modifications to the adopted land use plan and therefore do not affect the overall design and development standards adopted for the San Miguel Ranch planned community. E. 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 Public Facilities Finance Plan provides mitigation measures to insure the installation of all necessary public facilities and amenities prior to or in conjunctions with development. Thus, the additional development authorized before SR-125 is open for public access will not adversely affect the surrounding developments. F. THE STREET AND THOROUGHFARES 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 and therefore, the circulation system will be improved in accordance with the General Plan concurrent with the proposed development. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE HOUSING UNITS OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The proposed amendments to the San Miguel Ranch Public Facilities Finance Plan do not involve new residential development. However, the adopted residential uses reflect the adopted Chula Vista General Plan and will provide needed housing 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 proposed amendment does not involve changes in the land use plan VIII. ADOPTION OF AMENDMENTS TO TENTATIVE MAP In light of the findings described herein, the City Council does hereby approve amendments to Condition No. 5 of the San Miguel Ranch Tentative Subdivision Map, Chula Vista Tract 99-04 in the form attached hereto and incorporated herein as Exhibit "C". All remaining conditions of Tentative Map No. 99-04 are not modified by this Resolution and shall remain in full force and effect. IX. 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 Resolution No. 2001-453 Page 5 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. X. 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, provision, 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 A. Leiter John M.Kaheny Planning and Building Director City Attorney Resolution No. 2001-453 - Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 2001, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None Shirley Hortondlglayor ATTEST: Donna Norris, Assistant City Clerk - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna Norris, Assistant City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2001-453 was duly passed, approved, and adopted by the City Council at an adjourned regular meeting of the Chula Vista City Council held on the 17th day of December, 2001. Executed this 17th day of December, 2001. Donna Norris, Assistant City Clerk Traffic EXHIBIT B I1.5.4.1.15 Threshold Compliance and Recommendations Threshold compliance will continue to be monitored through the annual intersection- monitoring program and the Eastern Chula Vista Transportation Phasing Plan updates. Based on the Traffic Analysis entitled "East "H' Street Capacity Analysis 1999-2005, prepared by Linscott, Law and Greenspan? and pursuant to the City Council Resolution No. Due to the limited capacity of East H Street prior to SR-125, thee San Miguel Ranch project shou!d be is allowed prior to the portion of SR-125 freeway from Olympic Parkway to SR-54 opening for public access, but after completion of Olympic Parkway from 1-805 to Hunte Parkway t.v ....... ,~.w~a ,,,;m,, L..L five ?,,ears ,.c~. residential to 7 acres of ....... ;,,~ T!:erefore, the ..... ; .... a!!ewab!e EDUs for San Migue! ....-~..r>"""~ ,.,-~,;~,.,~.L~. prior to ~..~ ~'~._~ ;o r.-7~,~ 892 EDUs, including commercial in accordance with the City's ordinance EDU rate for 1 EDU per single-family unit and 25 EDUs per acre of commercial, San Miguel Ranch shall be conditioned to pay Transportation DIF Fees and Interim Pre- SR-125 DIF Fees at the rate in effect at the time building pemfits are issued. Olympic Parkway Feasibility and Financing Study The City has completed a feasibility and financing study for the construction of Olympic Parkway east of 1-805. San Miguel Ranch project will bo required to participate with its fair share in any subsequent Olympic Parkway financing district, In the event the construction of Olympic Parkway is not completed as scheduled and the City's traffic threshold are exceeded, the City may withhold issuance of building permits until such time the traffic impacts are mitigated. Mt. Miguel Road Mt. Miguel Road shall be constructed by San Miguel Ranch as a 4-lane roadway ~vith raised median within the project limits. The construction phasing shall be as noted in the project phasing section of this report. This 4 lane collector will provide access between the City of Chula Vista and the County roadway network. This roadway will also provide a direct access for the project to SR- 125 via a diamond interchange. Proctor Valley Road Proctor Valley Road shall be constructed per City standards (CVDS-3) by San Miguel Ranch as a 40-foot wide curb-to-curb, 2-lane Class 111 collector in two phases. Proctor San Miguel Ranch P,/l/k' P'c~ ilitie~ Finance Plan [I.5.4.1 ~ 34 EXHIBIT C San Miguel Ranch Tentative Map Conditions of Approval February 18, 2000 Pursuant to Project's approved PFFP, The Project is limited to construction within the area east of SR-125 only (Phase areas I, II and/or IV) of not more than 675 892 EDUs prior to the constmctien efthe portion of SR-125 freeway from Olympic Parkway to SR- 54 opening for public access, but after completion of Olympic Parkway from 1-805 to Hunte Parkway. The EDU's shall be calculated per the methodology stated in the "East "H" Street Focus Capacity Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999. It is recognized that Applicant may request an amendment to this condition subject to future traffic analysis to the satisfaction of the City Engineer.