HomeMy WebLinkAbout02-27-2013 PC Item 1 Attch 4ATTACHMENT 4
DRAFT CITY COUNCIL SPA PLAN RESOLUTION
ATTACHMENT 4
RESOLUTION
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL CONSIDERING THE ADDENDUM (IS -13 -001)
TO EIR 07 -01 AND APPROVING AMENDMENTS TO THE
EASTERN URBAN CENTER SECTIONAL PLANNING
AREA (SPA) PLAN FOR 207 ACRES OF LAND IN THE
EASTERN URBAN CENTER PORTION OF THE OTAY
RANCH
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I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is diagrammatically
represented in Exhibit A attached hereto and incorporated into this Resolution, and
commonly known as the Eastern Urban Center (EUC), and for the purpose of general
description herein consists of 207 acres located adjacent to and east of SR -125, adjacent
to and west of Eastlake Parkway, south of Birch Road and the Otay Ranch Town Center,
and north of the future extension of Hunte Parkway (Project Site); and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista
Development Services Department on October 17, 2012 by SLF IV /McMillin Millenia
JV, LLC (the "Applicant," "Owner" and "Developer" requesting approval of an EUC
Sectional Planning Area (SPA) Plan and Form Based Code (FBC) amendment to change
the minimum building height within certain EUC Districts, to redistribute the land use
mix (residential and commercial) within various Districts, and to remove reference to
District 10 as an alternative school site. The proposed amendments mostly affect the first
phase of development, approximately 89 acres out of 207 (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 SPA Plan including Planned Community
District Regulations/Design Guidelines, Public Facilities Financing Plan, Affordable
Housing Program and other regulatory documents approved by City Council Resolution No.
2009 -224 on September 15, 2009; and 2) Planned Community District Regulations
approved by City Council Ordinance No. 31422839 on October 6, 2009; and
D. Environmental Determination
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project was previously covered in adopted Second -Tier Final Environmental
Resolution No.
Pago 2
Impact Report, EIR 07 -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
preparation of a subsequent document have occurred; therefore, the Development
Services Director has prepared an addendum (IS 13 -001) to EIR 07 -01; and
WHEREAS, the City Council finds that the Addendum (IS 13 -001) to EIR 07 -01 has
been prepared in accordance with the requirements of CEQA, and the Environmental
Procedures of the City of Chula Vista; 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 an advertised public hearing on the Project
and voted to adopt Resolution PCM -12 -19 recommending that the City Council amend the
EUC SPA Plan; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the public hearing on the Project and the minutes and Resolution resulting therefrom, are
incorporated into the record of this proceeding; 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 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 noticed and called public hearing on the Project was held before the
City Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276
Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds, determines, and resolves as follows:
Resolution No.
Page 3
II.
III.
IV.
CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council finds that, in the exercise of their independent review and judgment, the
addendum to EIR 07 -01 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 the Addendum to EIR- 07 -01.
SPA FINDINGS
A. THE SPA PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTERN
URBAN CENTER GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA
GENERAL PLAN AND ITS SEVERAL ELEMENTS.
The proposed amendments are consistent with the previously approved plans and
regulations applicable to surrounding 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 Eastern Urban Center SPA Plan as amended, will maintain existing provisions and
requirements to ensure the orderly, phased development of the project prior to or
current with the need for said public facilities.
C. THE SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT
LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR
ENVIRONMENTAL QUALITY.
The land uses within the EUC SPA Plan are designed to provide compatible
development intensities adjacent to Birch Road and Eastlake Parkway and Village 11.
A comprehensive transit planning program and street network serves the Project and
provides for access to off-site adjacent properties. The proposed SPA Plan follows all
existing environmental protection guidelines and will avoid unacceptable off-site
impacts through the provision of mitigation measures specified in the EUC Final
Second -Tier Environmental Impact Report (EIR 07 -01).
FINDINGS REGARDING INTENSITY RANGE OF A DISTRICT
A. THAT THE TRANSFER MAINTAINS THE INENDED MIXED USE CHARACTER
OF THE EUC.
Res lution No.
Pay 4
The transfer of intensity, as proposed, maintains the intended mixed use character of
the EUC.
B. THAT A CORRESPONDING INCREASE OR DECREASE IN ANOTHER
DISTRICT IS INCLUDED IN THE PROPOSED TRANSFER SO THAT OVERALL
SPA INTENSITIES WILL NOT BE EXCEEDED OR REDUCED.
The 10,000 sq.ft. within the "low" category of non - residential would be transferred
into the "low" category within Districts 3 and 4. The 170,000 sq.ft. within the
"target" category would be transferred into the "target" category of District 4.
The applicant is also proposing to remove the 400,000 sq. ft. contained within the
"High" non - residential category of District 7. Amended language is being proposed
to only require such transfer in the case of the square- footage or unit count within the
"low" and "target" category.
Because the "low" category indicates the minimum amount which must be
constructed and the sum total of the "target" category indicates the maximum amount
that may be constructed, the removal of this transfer requirement from the "high"
category will have no impact on the resultant amount of residential units or
commercial acreage actually constructed. Given that the EUC's approvals were based
on the "target" land use amounts, the only way any square footage or unit counts
within the "high" category can be constructed within any District would require the
corresponding removal of square- footage /unit count within the "target" category of
another District. This would ensure that the maximum allowable amount is not
exceeded. Thus, the removal of the 400,000 square -feet currently shown within the
"High" category of District 7 would now be allowed, once the amended language is
adopted, and have no impact on the overall project constructed on the site.
C. THAT THE PROJECT APPLICANT HAS RECEIVED A RECOMMENDATION
FOR APPROVAL OF THE INTENSITY TRANSFER FROM THE MASTER
DEVELOPER.
The Project Applicant is SLF IV /McMillin Millenia JV, LLC, the Master Developer.
D. THAT THE PROJECT APPLICANT HAS RECEIVED A RECOMMENDATION
FOR APPROVAL OF THE INTENSITY TRANSFER FROM THE MASTER
DEVELOPER, AND WRITTEN APPROVAL FROM ALL PROPERTY OWNERS
THAT WOULD HAVE A CHANGE IN THEIR INTENSITY.
The Project Applicant is SLF IV /McMillin Millenia JV, LLC, the Master Developer,
and at this time, there are no other property owners affected by the intensity transfer.
Resolution No.
Pag� 5
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V. ! APPROVAL OF SPA AMENDMENTS
VI.
VII.
Based on the findings above, the City Council approves the EUC SPA Plan as amended and
shown in Attachment 6 that accompanies the staff report subject to the conditions set forth
below:
Prior to the 30th day after the accompanying 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 an existing and proposed exhibit, the
previous existing exhibit shall be removed and substituted. In addition, the revised text,
document format, maps and statistical changes within the EUC SPA and Form Based
Code shall be approved by the Director of Development Services for printing prior to
incorporating said revisions into the final document.
Prior to the 30th day after the accompanying Ordinance becomes effective, the Applicant
shall submit to the Development Services Department 10 copies and a CD of the
approved amendment to the EUC SPA Plan and Planned Community (PC) District
Regulations.
Applicant to comply with all the conditions of approval of the Otay Ranch EUC SPA
Plan incorporated in Resolution 2009 -224 and adopted SPA Plan.
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 are gained by
Applicant or any successor in interest by the City approval of this Resolution.
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 a 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 of no further force or
effect ab initio.
Im
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BE T FURTHER RESOLVED that the City Council hereby adopts this Resolution approving
the roject in accordance with the findings and subject to the conditions contained herein.
by:
Approved as to form by:
Gary Halbert, P.E., AICP Glen R. Googins
Assistant City Manager/ City Attorney
Dev lopment Services Director
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, this day of , by the following vote, to -wit:
AYES: Council members:
NAYS: Council members:
ABSENT: Council members:
ABSTAIN: Council members:
Cheryl Cox, Mayor
ATTEST:
Norris, City Clerk