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HomeMy WebLinkAboutPCM 2006-08C RESOLUTION NO. PCM 06-08(C) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF THE EASTERN URBAN CENTER PARKS AGREEMENT FOR THE CONSTRUCTION OF PARKS IN A PORTION OF OTAY RANCH EASTERN URBAN CENTER WHEREAS, On Apri114, 2006, the applicant, McMillin Otay Ranch, LLC, filed the Eastern Urban Center (EUC) Sectional Plan Area (SPA) for a portion of Otay Ranch, called the Eastern Urban Center ("EUC"); and WHEREAS, McMillin owns 206.6 acres of the EUC area ("McMillin Property"), whose legal description is shown in Exhibit A of Attachment 1 hereto along with a map of McMillin EUC property which is governed by the Agreement; and WHEREAS, the EUC is the focal point for the eastern planning area, and is comprised of a vibrant and intense mixture of land uses in an urban setting envisioned attract a different demographic profile than the surrounding suburban development in Otay Ranch; and, WHEREAS, such an area's successful implementation of the EUC requires an emphasis on place making in the public realm, including parks and other public spaces; and, WHEREAS, the City's General Plan and Otay Ranch General Development Plan contemplate the development of'standards for both public and private uses, unique to the Eastern Urban Center, to help create this urban character; and, WHEREAS, the EUC Parks Agreement reflects these unique approaches in applying City standards needed to accomplish the vision of EUC contemplated by the General Plan and the Otay Ranch GDP; and, WHEREAS, California Goverrunent Code §§664'7'7, et seq (the "Quimby Act") and the City's Parklands and Public Facilities Ordinance, [Chula Vista Municipal Code ("CVMC")Chapter 17.10 ("PLDO")], as amended, requires that development projects provide land and improvements for neighborhood and community parks and recreational facilities, allow for a credit against the payment of fees or dedication of land if the subdivider provides park and recreational improvements, and permit the City to require a combination of dedication and payment of in-lieu fees if the City determines that the combination would better serve the public; WHEREAS, the EUC Parks Agreement implements the requirements of the EUC SPA Plan, the PLDO, the Quimby Act and the conditions of approval of tentative maps for the McMillin Property by establishing park land dedication, improvement and additional in-lieu fee requirements which satisfy park requirements for the McMillin Property; and, WHEREAS, the CVMC Chapter 1'7.10 requirements have been, and will be imposed on the McMillin Property through conditions of approval oftentative maps and supplemental subdivision improvement agreements; and, Planning Commission Resolution No.. PCM 06-08(C) Page 2 WHEREAS, the City's Environmental Review Coordinator has reviewed the EUC Project and determined that the EUC Project would result in a significant impact to the environment, therefore, aSecond-Tier Environmental Impact Report (EIR 0'7-01) has been prepared; and, WHEREAS, the Planning Commission has considered and adopted a recommendation of certification of the F final Second Tier Environmental Impact Report (EIR 07-01) for the Otay Ranch Eastern Urban Center SPA Plan, Ientative Map and related items including the Parks Agreement; and, WHEREAS, the Parks Agreement, attached as Attachment 1, between the City and McMillin Otay Ranch LLC encumbers that portion of the EUC owned by McMillin Otay Ranch LLC. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the I Planning Commission, the Commission has determined that the Otay Ranch Eastern Urban Center Parks Agreement is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving the EUC Parks Agreement for the construction of parks in a partion of Otay Ranch Eastern Urban Center between McMillin Otay Ranch LLC and the City of Chula Vista substantially in accordance with the findings contained in the draft City Council Resolution attached as Attachment 2 to this Resolution.. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 26`h day of August 2009 by the following vote, to-wit: AYES: Vinson, Spethman, Moctezuma, Tripp, Felber, Thompson NOES: ABSENT: Clayton ABSIENIIONS: ~ I AIIESI: a Diana Vargas, Secretary Scott W. Vinson, Chair Planning Commission Planning Commission Resolution No. PCM 06-08(C) Page 3 Presented by: Gary Halbe A CP art. Mi~~~ 1 Deputy Ci Manager/Development Services Director ?~i `Attorney I i i