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HomeMy WebLinkAboutReso 2013-038RESOLUTION NO. 2013-038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM (IS-13-001) TO EIR 07-01 AND APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA PLAN FOR 207 ACRES OF LAND IN THE EASTERN URBAN CENTER PORTION OF THE OTAY RANCH I. RECITALS A. Project Site WHEREAS, the azea 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 Pazkway (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. 3142 on October 6, 2009; and Resolution No. 2013-038 Page No. 2 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 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 prepazation 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, aze 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 heaz public testimony with regazd to the same. Resolution No. 2013-038 Page No. 3 II. III. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: 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-O1. 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 1 I. 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). Resolution No. 2013-038 Page No. 4 IV. FINDINGS REGARDING INTENSITY RANGE OF A DISTRICT A. THAT THE TRANSFER MAINTAINS THE INENDED MD{ED USE CHARACTER OF THE EUC. 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 "tazget" 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 squaze-footage or unit count within the "low" and "target" category. Because the "loud' category indicates the minimum amount which must be constructed and the sum total of the "tazget" 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 squaze footage or unit counts within the "high" category can be constructed within any District would require the corresponding removal of squaze-footage/unit count within the "tazget" category of another District. This would ensure that the maximum allowable amount is not exceeded. Thus, the removal of the 400,000 squaze-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. Resolution No. 2013-038 Page No. 5 D. THAT THE PROJECT APPLICANT HAS RECENED 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 aze no other property owners affected by the intensity transfer. V. APPROVAL OF SPA AMENDMENTS 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 prepaze a clean copy of the SPA Plan document by deleting all strike ouUunderlines 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. 2. 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. 3. Applicant to comply with all the conditions of approval of the Otay Ranch EUC SPA Plan incorporated in Resolution No. 2009-224 and adopted SPA Plan. VI. 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. Resolution No. 2013-038 Page No. 6 VII. 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 aze determined by a Cour[ of competent jurisdiction to be invalid, illegal or unenforceable, if the City so detemunes in its sole discretion, this Resolution shall be deemed to be revoked and of no further force or effect ab initio. BE IT FURTHER RESOLVED that the City Council does hereby adopt this Resolution approving the Project in accordance with the findings and subject to the conditions contained herein. Presented by Gary Halberf/ P.E., AICP ~ Assistant Ci Manager/Director of Development Services Approved as to form by Glen R. ogins i Atto ey Resolution No. 2013-038 Page No. 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of March 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None J Cheryl Cox, May 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. 2013-038 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of March 2013. Executed this 5th day of March 2013. ~~ o Donna R. Norris, CMC, City Clerk ~, '. \ PROTECT LOCATION W~E S Case Flle:\ N-12-19 CHULA VISTA DEVELOPMENT SERVICES DEPARTMENT LOCATOR PROJECT APPLICANT SLFIV / McMillin Millenia LV, LLC PROJECT Southwest Comer of Birch Rd ADDRESS: and Eastlake Parkway SCALE: _ _ PILE NUMBER: PROJECT DESCRIPTION: MISCELLANEOUS Request: Proposed Eastern Urban Center SPA Amendment. Case: VDa'i FiklLoumrTTRCNJPCA41]-19_10 31.]012