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HomeMy WebLinkAboutReso 2012-186RESOLUTION NO. 20] 2-186 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-10-008) TO FEIR-OI-O1; APPROVING AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN, THE EASTLAKE III GENERAL DEVELOPMENT PLAN (GDP), SECTIONAL PLANNING AREA (SPA) PLAN, FISCAL IMPACT ANALYSIS AND ASSOCIATED REGULATORY DOCUMENTS TO CHANGE THE LAND USE DESIGNATION FROM CR (RETAIL COMMERCIAL) TO MU-1 (MIXED USE) FORA 12.2 ACRE SITE LOCATED ON THE NORTH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESTE ROAD/LAKE CREST DRIVE 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 Lake Pointe, and for the purpose of general description herein consists of 12.2 acres located on the north side of Olympic Parkway between Olympic Vista Road and Wueste Road/Lake Crest Drive ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified amended application was filed with the City of Chula Vista Development Services Department on September 30, 2010, by Integral Communities ("ApplicanP')("Owner and Developer"), requesting approval of amendments to the Chula Vista General Plan, Eastlake III GDP/SPA Plan, the Planned Community District Regulations and associated regulatory documents for the Project Site ("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 Plan Amendment, General Development Plan and SPA Plan and associated Design Guidelines, PFFP, WCP and AQIP and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24, 2001; and D. Environmental Determination Resolution No. 2012-186 Page No. 2 WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered previously in adopted Final Subsequent Environmental Impact Report, Eastlake III Woods and Vistas Replanning Program, EIR 01-01. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the prepazation of subsequent documents have occurred; therefore, the Development Services Director has prepazed an addendum (IS 10-008) to this document, EIR 01-01; and E. Planning Commission Record of Application WHEREAS, the Development Services Director 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 a public hearing for the Project on the date and time advertized, namely September 12, 2012, and voted 4-2-0-0 to forwazd 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 September 12, 2012, and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and F. Reduction of Community Purpose Facility (CPF) Acreage WHEREAS, per Section 19.48.025 of the Chula Vista Municipal Code, a request for reduction of 0.3 acres of CPF land is being requested based on the fact that other Community Purpose Facilities will be guaranteed by the Developer to be made available to the community; and WHEREAS, the Developer proposes to provide a minimum of 3,267 of building square footage to be used solely for Community Purposes as defined in Chula Vista Municipal Code section 19.48.025(C). The 3,267 square feet was determined as equivalent to 0.3 acres of CPF land (a 0.25 FAR conversion factor) based upon previous analysis of existing developed CPF sites within Eastlake as well as other planned communities; and G. 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 hearings, together with its purposes 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 hearing on the Project was held before the City Council of the City of Chula Vista on September 25, 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. Resolution No. 2012-186 Page No. 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the addendum to FEIR-O1-Ol in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and adopts Addendum to FEIR-OI-O1. III. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in "Exhibit A", a copy of which is on file in the office of the City Clerk, to change the land use designation of 12.2 acres on the north side of Olympic Parkway between Olympic Vista Road and Wueste Road/Lake Crest Drive from Commercial Retail to Mixed Use Residential. IV. GENERAL PLAN CONSISTENCY The City Council hereby finds and determines that the General Plan, as amended by this Resolution, is internally consistent and shall remain internally consistent V. GENERAL DEVELOPMENT PLAN FINDINGS The City Council finds by clear and convincing evidence that: THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the Eastlake III General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHEMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. The proposed amendments to the Eastlake III Sectional Planning area Plan only affects the 12.2 acres known as Lake Pointe Project, which was a continuation of the Eastlake III GDP/SPA Plan policies and development regulations that were adopted by the City council on July 17, 2001, in compliance with the two-year requirement. Resolution No. 2012-186 Page No. 4 IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITE'S PROPOSED FOR PUBLIC FACLITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO THE SERVICE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The proposed 284 residential units aze high density (nearly 24 DU/AC). The proposed development is the first mixed use development within the Eastlake community. The proposed density and design are compatible with the surrounding Olympic Training Center, multi-family developments, and the Mountain Hawk community pazk. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. According to the Commercial Lands Analysis prepazed for this project, the 10,000 squaze- feet of proposed convenience commercial will serve the surrounding residents and visitors to the area. Lazge retail centers existing within the Eastlake and surrounding azeas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVLOPMENT. The requested amendments to the Eastlake III SPA Plan includes a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly and sequentialized development of the Project. The Project is the last azea of Eastlake III to be developed. VI. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended Eastlake III General Development Plan is hereby amended as set forth and diagrammatically represented in Exhibit "B", approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. VII. SPA FINDINGS A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. Resolution No. 2012-186 Page No. 5 The proposed amendments to the Eastlake III SPA Plan reflect land uses that are consistent with the Eastlake III General Development Plan and the Ciry of Chula Vista General Plan. The residential component of the proposed mixed use would be consistent with the adopted high-density residential and open space land uses of the Eastlake azea. The proposed amendments aze consistent with the previously approved plans and regulations applicable to sun-ounding sites and, therefore, the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake III SPA Plan include a PFFP that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly and sequentialized development of the Project. The Project is the last area of Eastlake III to be developed. C. THE EASTLAKE III SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed land use text and statistical amendments to the SPA Plan, and development standards will not adversely affect the circulation system and overall land use pattern as previously envisioned in the Eastlake III General Development Plan. An addendum to FEIR 01- 01 has been prepared and any impacts associated with the proposed amendments have been previously addressed by FEIR-OI-O1. Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. The potential impacts to traffic and circulation have been thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of any required in-lieu fees to pay fair share of cumulative impacts and the construction of a traffic signal at the project entrance and Olympic Parkway. D. IN CONJUNCTION WITH ADOPTION OF THIS SPA PLAN AMENDMENT, A LESSER AMOUNT OF CPF LAND IS NEEDED, BASED UPON AVAILABLITY OF OTHER COMMUNITY PURPOSE FACILITIES THAT ARE GUARANTEED TO BE MADE AVAILABLE TO THE COMMUNITY. The applicant is providing a minimum of 3,267 of building square footage to be used solely for Community Purposes as defined in Chula Vista Municipal Code section 19.48.025(C). The use, in perpetuity, of the building square footage solely for CPF purposes shall be guaranteed and ensured through the execution of any and all agreements necessary, as determined by the City Attorneys Office. The project has been conditioned to require the applicant to indicate on the building plans the location of the CPF facility, prior to issuance of building permits. Resolution No. 2012-186 Page No. 6 VIII. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the Eastlake III SPA Plan as amended shown in Figures 2, 3, 4, and 5 that accompanies the staff report as Attachment 5 subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in FEIR-OI-O1, to the satisfaction of the Development Services Director. 2. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that the air quality control measures outlined in the Eastlake III SPA Plan Addendum to the AQIP pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 3. Prior to the 30th day after the Ordinance approving the PC District Regulations ("Ordinance") becomes effective, the Applicant shall prepare 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 Eastlake III SPA, PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Olympic Pointe project shall be incorporated into the final document and approved by the Director of Development Services for printing. 4. Prior to the 30th day after the Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Eastlake III SPA Plan, Eastlake III Planned Community (PC) District Regulations. IX. PFFP FINDINGS/APPROVAL 1. THE PUBLIC FACILITIES FINANCE PLAN AMENDMENT COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake III SPA Plan PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Development Services. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, payment of DIF fees at the building permit stage, and/or utilizing Community Facilities Districts to finance or maintain the public facility. Any impacts associated with the proposed amendments have been previously addressed by FEIR-OI-O1. 2. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES FINANCE PLAN IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, AND AMENDED EASTLAKE III SPA PLAN. Resolution No. 2012-186 Page No. 7 The Eastlake III SPA Plan PFFP outlines the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The PFFP outlines detailed plans for the provision of these public facilities as they relate to the proposed Project. The PFFP identifies any required Development Impact Fees (DIF) fees that must be paid to help defray costs of facilities that will benefit the project. The estimated facilities fees required by this project are $6,556,104. PAD fees are approximately $3,694,556. The fiscal revenues to the City associated with the Lake Pointe project, range from $30,310 annually and rise to $172,650 at build-out. Fiscal expenditures would be initially $78,883 and rise to $253,442 at build-out. The net fiscal impact to the City from developing the Lake Pointe project is negative throughout the development and results in annual net deficit of $80,792 at build-out. Per Section 19.09.060(7) of the Chula Vista Municipal Code, applicant shall provide funding to the City for periods where expenditures generated by the Project exceed projected revenues. 3. THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements include requirements for the construction of a signal at the intersection of Olympic Parkway and the project entrance. Other required measures are related to fire protection, water conservation, water quality, air quality and traffic. Implementation of these measures along with payment of any required DIF fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. Based on the findings above, the City Council approves the document entitled "The Eastlake III Lake Pointe Supplemental Public Facilities Finance Plan" dated September 4, 2012, which document accompanies the staff report as Attachment 9. X. APPROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATED REGULATORY DOCUMENTS. The City Council approves the amendments to the associated regulatory documents including: the Design Guidelines and the Addendums to the AQIP and WCP for Eastlake III SPA Plan as shown in Attachment 7 of the staff report. Resolution No. 2012-I 86 Page No. 8 XI. 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 fiuther 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 are gained by Applicant or successor in interest by the City approval of this Resolution. XIL 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 are 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. BE IT FURTHER RESOLVED that the City Council adopt this resolution approving the project in accordance with the findings and subject to the conditions contained therein. Approved as to form by Gary Halberd P:E', AICP Assistant C Manager/Director of Development Services len R. G gin ey Presented by Resolution No. 2012-186 Page No. 9 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of September 2012 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: Aguilar ABSENT: Councilmembers: None 1 Cheryl Cox, or ATTEST: ~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2012-186 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of September 2012. Executed this 25th day of September 2012. Donna R. Norris, CMC, City Clerk Resolution No. 2012-186 Page No. 10 Exhibit "A" ~`~,QFO 5~ a` Q~L ~~ y ~v ~Ue/ bLG\\ RO -~ x 0 i PROTECT LOCATION Resolution No. 2012-186 Page No. 11 General Plan Amendment EXHIBIT A EASTT.AKR III GPA-11-01 NORTH Resolution No. 2012-] 86 Page No. 12 GENERAL DEVELOPMEN7~ PLAN MAP AND POLICIES General Development ~'~~ Plan PQ LM Land Use Rues Target Taget - - dv/ac DUs ~1 RESIU ENTb:L ,y L low 105 d:+./cc) 296 2 2 2 050 "\ lM Low n/reAlum X35 dv/od 7 54 S 5 2 794 M Medmm ibll da!oc) 73 IOC 73 ';! MH Med-biyh Ql-lE da]ac) 159 15C 239 "~ H Hlgh (18-D- dWoc) 50.7 25.C 727 { Sub-tolalRmldeMiol 5066 5.0 2,488 .t2( ~ ~y ~c ~ MIXED USE * ~ U-1 Resideniiol - ,~~ Hiyb il8-2]+dv:oq 1?2 232 29a i~ 1 c~:, mr o i- •Mini mum l0,eD0 square iaer of commeraal ~ Tire CAy CaunCl may Inwease tlin squaro ~ / s,%' footage based apon roaolh d Markef Support ' Maiy,b NON- RESIDeNTW. COlnal Retail 00 P Pok 752 P(: ~ PoblidCOuasi-Public 2471 OS Open Space 735 7 Grcvlobon 25.5 Sub-rorol Non-Reskemic 411 3 TOTAL 9545 2.9 2772 t4=u~mawwtsnowmb•eeum^s:.e sbve om ~ somriv¢#twwemvwv#vnwvmeemna EASTLAKE fll A planned mmnwn)ty by Tha Eastt.ake Company L ` ~~` os ~! !l", L upper L ~ aay Reservotr ` ~~ ~Z._~~ ,-~.,~ LM ~ 1.. !" ~.. l.M / L Pro}ect r ~., unnp>nR..aame PQ General Development Plan ~o9ia~ni> 1.1.8-6 EXHIBIT B (1 OF 2) LorvwOlay Reservoir' Exhibit 4 Resolution No. 2012-186 Page No. 13 EXHIBIT B (2 OF 2) Please refer to GDP section of document entitled "Eastlake III General Development Plan/Eastlake III SPA Plan Proposed Changes" dated September 7, 2012 which accompanies the Agenda Statement as Attachment 7. 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L I 4J.p 6.H v nan p4 BubtaYll NuooasWOW ~ ftptltleMlW Btlb~lobJ 6vevtltl7: _ '49x.9 2A3•p a~ Vistac VR•1 8ingty Family l R2b 25 56 NR'4 Singk Fam67 1. 229 3.b bb ~~ YRd 5106k FAmlb L 369 31 116 ~~VR.1 9ingla Famgy LN 23.6 3,3 b2 VRS SInAk FampY lM 7T8 S.Y 67 `VRi 6inglp Fgm-Y LM 26.9 4.6 1R6 YR•T S'mgkFam9y LN 181 SS 9B VRi BNpk FamlN LM 214 0.H 168 YR•4 ~ 61n~1m'MWfi~yINN M 73 iBA YS VR•M1a WNiamU)' NM TI 1Gq 116 •.e.. ....e,r...n.r A9i HR t5A 1R3 SnbRNal RpaltlvaYN WSEO119E MU.1 RwMnWI-HIpp 110.p]~pWSCI "n> o[rei o~ epuncl.N •q~un Io04p[DI O $5 FAR NOMRE.507ERIINL . _ t Colnmel6ah ROWU CR 0 ~~PN Pu6uv Palk P 13S P4 PMaip F<veMicR L LT PoA Elmvelaery 6tM1m7 PQ 1x3 Pq2 J~-M9n BefivW PLi 2de -Pqa tlrt 61a9M Pq i1 Cr'Fi Comm Pafanpa Fac Pq YL9 os oaM1nSaoFn os 1bd 'qff wvsanw PJaJna qs 1+ Ma{MQrt+laAml s 25.6 Se bkl RVmAaaltlpvpnl fJnS PAq.@CTTOTAI N8.3 3 7 277? ,~ EASTLAKE Ilf A planned community 6y The Eastlake Company Site Utilization Plan Exhibit 5 SPA PLAN u z ~-xa EXHIBIT C (1 OF 2) ~osrz~ni) Resolution No. 2012-186 Page No. 15 EXHIBIT C (2 OF 2) Please refer to SPA Plan section of document entitled "Eastlake III General Development Plan/Bastlake IIII SPA Plan Proposed Changes" dated September 7, 2012 which accompanies the Agenda Statement as Attachment 7. The PFFP amendment component of the SPA Plan accompanies the Agenda Statement as Attachment 10.