HomeMy WebLinkAboutReso 2013-103RESOLUTION NO. 2013-103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE ADDENDUM (IS-11-004)
TO MITIGATED NEGATIVE DECLARATION IS-04-035;
APPROVING AMENDMENTS TO THE OTAY RANCH
GENERAL DEVELOPMENT PLAN AND VILLAGE SIX
SECTIONAL PLANNING AREA (SPA) PLAN TO CHANGE
THE ALLOWABLE NUMBER OF RESIDENTIAL UNITS
WITHIN THE MU LAND USE CATEGORY FROM 158 TO 206
FORA 6.97 ACRE PARCEL LOCATED ON THE NORTH AND
SOUTH SIDES OF EAST PALOMAR STREET BETWEEN
VIEW PARK WAY AND MAGDALENA AVENUE
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
Marquis, and for the purpose of general description herein consists of 6.97 acres located on the
north and side of East Palomaz Street between View Pazk Way and Magdalena Avenue ("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 Deparhnent on December 6, 2011 by Oakwood Development ("Applicant"),
requesting approval of amendments to the Otay Ranch General Plan and the Village Six SPA Plan to
allow an increase in the number of allowable units from 158 to 206 for two mixed-use parcels
located on the north and south side of East Palomaz Street between East Pazk Way and Magdalena
Avenue ("Project"); and
C. Prior Discretionary Approvals
WHEREAS, development of the Project Site has been the subject matter of various
entitlements and agreements, including: 1) General Development Plan and Village Six SPA Plan
previously approved by City Council Resolution Nos. 2005-345 and 2005-346 on October 11,
2005; and 2) Planned Community District Regulations and Land Use Districts Map approved by
City Council Ordinance No. 3024 on October 25, 2005; and
Resolution No. 2013-103
Page No. 2
D. Environmental Determination
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 in Mitigated Negative Declaration (IS 04-03) for the Village Six Mixed-Use Project.
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 prepared an addendum (IS I1-004)
to this document; 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 on
April 24, 2013 and voted (4-0-1-1) to recommend the City Council approve the Project; and
WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the public hearing on the Project held on Apri] 24, 2013 and the minutes and resolution resulting
therefrom, aze incorporated into the record of this proceedings; 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 heazings, 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 June 4, 2013 in the Council Chambers in the City Hall,
Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the
Planning Commission, and to hear public testimony with regazd to the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
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 Mitigated Negative Declaration (IS 04-035) in the form presented, has been prepazed
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 Mitigated
Negative Declaration IS-04-035.
Resolution No. 2013-103
Page No. 3
III. GENERAL DEVELOPMENT PLAN FINDINGS
The City Council finds by cleaz 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.
The proposed amendment to the Otay Ranch Village Six General Development Plan
reflects the land use, circulation system and public facilities that are consistent with the City's
General Plan.
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 amendment to the Village Six SPA Plan only affects the 2.97 acre
remaining vacant site known as Marquis II, which is in conformance with the Otay Ranch GDP
and the Village Six SPA Plan policies and development regulations that were adopted by the
City council in 2005.
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 SITES 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 108 multi-family residential units are high density (approximately 30.7
DU/AC). The proposed development will complement the existing mixed-use development
located on the north side of East Palomaz Street. The proposed density and design are
compatible with the village core design principles which call for highest densities to promote
pedestrian orientation and transit oriented development. In addition, the proposed project will
provide a pedestrian connection from the Marquis I site and the transit stop in the median of
East Palomar Street through the project and to the Neighborhood Park (Santa Venetia Park).
ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE
COMMERCIAL FACILITIES OF THE TPES NEEDED AT SUCH PROPOSED LOCATION.
The 10,000 squaze feet of proposed convenience commercial will provide neighborhood
serving commercial uses to the residents of the proposed project as well as surrounding residents
and visitors to the azea. A retail mazket study prepared by the applicants consultant (The London
Group) economically justifies this as the maximum square-footage of commercial than should be
constructed on the site.
Resolution No. 2013-103
Page No. 4
THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND
ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID
DEVLOPMENT.
The area surrounding the project is fully developed. The site represents the only remaining
vacant parcel in Village Six and will complete the development of the village core.
IV. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN
In light of the findings above, the amended Otay Ranch 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.
V. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN
CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS
SEVERAL ELEMENTS.
The proposed amendments to the Village Six SPA Plan reflect Mixed Use Land Use
Designations that aze consistent with the Otay Ranch General Development Plan and the City of
Chula Vista General Plan. The residential component of the proposed mixed use would be
consistent with the other adopted high-density residential uses within the village core.
The proposed amendments aze consistent with the previously approved plans and
regulations applicable to surrounding sites and, therefore, the proposed amendments can be planned
and zoned incoordination 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 proposed Village Six SPA Amendments will promote the orderly sequentialized
development of the SPA Plan area by allowing for the completion of the development within the
village core azea as contemplated by the SPA.
C. THE VILLAGE SIX SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT
ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The proposed statistical amendment to the SPA Plan, will not adversely affect the
circulation system and overall land use pattern as previously envisioned in the Otay Ranch
General Development Plan and Village Six SPA Plan. An Addendum to Mitigated Negative
Declaration No. IS 04-035 has been prepazed and any impacts associated with the proposed
amendments have been previously addressed by Mitigated Negative Declazation IS 04-035. 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.
Resolution No. 2013-103
Page No. 5
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 the required installment of a fully activated
traffic signal at the intersection of East Palomaz Street and View Park Way.
IV. APPROVAL OF SPA AMENDMENTS
Based on the findings above, the City Council approves the Village Six SPA Plan as
amended shown in Exhibit "C" subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in MND IS 04-035, to the
satisfaction of the Development Services Director.
2. The Applicant shall install all public facilities within the Village Six SPA Plan Public
Facilities Financing Plan or as required to meet the Growth Management Threshold
standazds adopted by the City. The City Engineer may modify the sequence of
improvement construction should conditions change to warrant such revision.
3. The Applicant shall implement the Federal and State mandated conservation measures
outlined in the Water Conservation Plan of the Village Six SPA Plan.
4. Prior to the 30th day after the Resolution 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 strike-out underlined text,
document format, maps and statistical changes within the Village Six SPA Plan shall be
incorporated into the final document and approved by the Director of Development
Services for printing.
VII. VILLAGE SIX SPA REDUCTION IN AREA REGULATIONS
While the common open space standards for the MU-1 site aze not provided in the PC
District Regulations, the established common practice is to use the most closely associated multi-
family regulations. The RM-2 standazd is 200 squaze feet of common open space per unit. The
applicant is providing 9,535 square feet of common open space which is 12,060 squaze feet less
than the minimum requirement based upon applying the RM-2 standazd. Section IL3.9.3 requires
the following findings in order to grant a reduction:
THAT THE PROPOSED PROJECT OR USE IS CONSISTENT WITH THE CITY OF
CHULA VISTA GENERAL PLAN AND ADOPTED POLICIES OF THE CITY.
The proposed project does not alter any land use designations in the Chula Vista General
Plan, but is simply a reduction in common open space from 21,600 squaze feet to 9,535 square-
feet, and common open space is a SPA level development standazd.
Resolution No. 2013-103
Page No. 6
THAT THE PROPOSED PROJECT OR USE IS CONSISTENT WITH, OR FOUND TO
BE IN SUBSTANTIAL CONFORMANCE WITH, THE VILLAGE SIX SPA PLAN, THE
PURPOSE AND INTENT OF THESE PLANNED COMMUNITY DISTRICT
REGULATIONS, AND THE VILLAGE DESIGN PLAN.
The proposed project, which includes a reduction in common open space from 21,600
square-feet to 9,535 square-feet is consistent with the purpose and intent of the SPA, PC District
Regulations and Village Design Plan in that the reduction is offset by 1) increase amount of
private open space by 3,180 square feet beyond what is required; 2) providing 2,000 s.f. of off-
site improvements in adjacent neighborhood pazk in conjunction with providing a connection to
the pedestrian connection to the project; and 3) providing enhanced corridor plaza features which
connects between East Palomaz Street to the north and Santa Venetia Pazk to the south, thus
reducing the ability to designate any of this corridor area as common open space.
THAT THE PROPOSED PROJECT OR USE WILL NOT, UNDER
CIRCUMSTANCES OF THE PARTICULAR CASE, BE DETRIMENTAL TO THE HEALTH,
SAFETY OR GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY, OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE VICINITY.
The proposed project, with proposed reduction in common open space, will not be
detrimental to health, safety or general welfaze of persons residing or working in vicinity, or
injurious to property or improvements in the vicinity. The project does provide amenities such a
tot lots, which typically occur within common open space azeas; however, in this instance they
aze provided within the CPF plaza corridor azea in order to be accessible as part of the
community-wide feature connecting East Palomaz Street and Santa Venetia Pazk. As a result of
their placement within this plaza these amenities, could not be included in the project open space
total. In addition, the connection to the neighborhood pazk will also necessitate the applicant
providing 2,000 square-feet of improvements, but since the additional squaze footage will be
located just inside the boundaries of the park, it cannot technically be counted towards common
open space.
THAT THE PROPOSED PROJECT OR USE IS CONSISTENT WITH THE
PRINCIPLES AND OVERALL QUALITY OF DESIGN ESTABLISHED FOR THE OTAY
RANCH PLANNED COMMUNITY.
The proposed plaza corridor being considered as Community Purpose Facility azea within
the proposed project is an enhancement of the requirement contained in the Village Six Core
Master Precise Plan to provide a plaza with fountain feature mid-point along East Palomaz Street
within the project site. However, as the plaza area expands into the area between East Palomar
Street and Santa Venetia Park, which is open to the community, the features such as tot lots
included in this corridor, cannot be counted towazds common open space even though they are
essentially providing the same function as common open space. At the same time, the reduction
in open space will not affect the provision of features such as tot lots as they will be provided
within the plaza corridor.
Resolution No. 2013-103
Page No. 7
VIII. 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 successor in interest by the City
approval of this Resolution.
IX. 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 not further in force or in effect ab initio.
NOW, THEREFORE, BE IT RESOLVED that the City Council adopt this resolution
approving the project in accordance with the findings and subject to the conditions contained
therein.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that a copy
of this Resolution be transmitted to the City Council.
Approved as to form by
nary name , r.n., ~~ r
Assistant ity Manager/Director of
Development Services
t^ ~_, ,
len R. ogins '
Ci ey
Presented by
Resolution No. 2013-103
Page No. 8
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 4th day of June 2013 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, ayo
ATTEST:
~~~ ~h~~~
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. 2013-103 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of June 2013.
Executed this 4th day of June 2013.
~~«~ ~~~~
Donna R. Noms, CMC, City Clerk'
Resolution No. 2013-103
Page No. 9
EXHIBIT A
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Resolution No. 2013-103
' Fage No. 10
EXHIBIT B
Village Six
Dwelling Units Acreage
o
A
Use ppr
x
SF MF Total Dens Res. Park''' CPF" Sch. C'ml. Open 'Art. Total ~ P0p'
Sp.
LMV 941 941 4.9 206.3 11.5 217.8 3,011
-~ ;~ 23-5 6.7 7.6 2.2 ~ 16.5 4br3
MU 206 206 30.7 ~ *** 527
MH 1,291 1,291 18.0 69.0 10.0 79.0 3,292
OTFPER 22.0 S83 80.3
941: ~9 ^ 438 6~ 8 3 7.6 13.7 10.0 ~ 22.0 58.3 393.6 6 $ 0
TOTAL 1 2 . 6
*Part o£ park acreage requiroment have been allocated to community parks. Actual pazk size to be determined at the SPA level. Pazk acreage 6as<d on
ratio of3.0 acres pu ID00 persons.
**Actual CPF acreage to be determined at the SPA level; CPF aemage based on mtio of 1.39 acres per 1000 pcrsovs..
***Commcicial included as component of residential acreage.
EXHIBIT 49 VILLAGE SIX LAND USE TABLE
Resolution No. 2013-103
Page No.1 l
EXHIBIT C
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Land Use summary Ta61e '
RESIDENTIAL
Nelghberhood Land Use AcreaDe t)n65 Drnztty
R-1 SF 262 ` Ip6 d.0
R-2A 5F 19.0 92 d.6
R-'.6 SF 213 116 ~ 6,4
P.-] SF ]6.6 159 d5
Rd SF 2p.1 9] 6.5
B-5 SF 18.6 IIXI 6-]
R-6 SF X0.4 la G+
Subtotal SF 159.5 ]86 - 8.0
R4A A1F ].0
~ 90 12A
R-08 MF 1p.8 2p1 16.6
R-a MF 11.1 159 20.7
R-9A/D MF 21.8 168 8.6
R-90 - MF 1?.] - 259 20.8
ft-1p MF 1211 212 t].6
8ubtoty MF ]6.1 1.99 t6.9
MU-12' MU 6.1 -YE-- --2].4-
' ~ 2e6 ' 3p.)
.. 6abte1a1 Rezldenlul $42.3 -4,f43-- gp
2,N1
R-11 SF fAN In 5.21 32.5 1d6 4.5
Total Rexitlmlial 2]6B -kaBg_ g/
Nen-Residential - 23i]
OPFi CPF 1.5
CPF-ffix CPF p]
CPF-2 LPF 1L5
st seneoi to.o
• 5-2 PrNate Wyh School (See R-11)
P-1 Part{ ],6
OS Opefi Spa 228
_ C'vwlalien 56.3
TOTAL. - 396.6 -2,009-- 6.2
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Cf-UUY~stF OTAY RANCH ~ i J
snros Exhibit 5