The URL can be used to link to this page

Home My WebLink AboutPCM 2010-19 RESOLUIION NO. GPA 11-01/PCM-10-19 RESOLUTION OF IHE CIIY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING IHAI IHE, CITY COUNCIL CONSIDER THE. ADDENDUM (IS- 11-008) IO EEIR Ol-Ol AND APPROVE AMENDMENTS IO IHE CHULA VISTA GENERAL PLAN, EASILAKE. III GENERAL DEVELOPMENT PLAN, SE.CIIONAL. PLANNING AREA (SPA) PLAN, EASTLAKE III PLANNED COMMUNITY DISIRICI REGULAIIONS AND LAND USE DISIRICIS MAP, FISCAL IMPACI ANALYSIS AND ASSOCIATED REGULAIORY DOCUMENTS TO CHANGE. THE ALLOWABLE, USE, FROM RETAIL COMMERCIAL IO MIXE;D USE FOR 12.2 ACRES LOCAIED ON THE NORIH SIDE OF OLYMPIC PARKWAY, BETWEEN OLYMPIC VISTA ROAD AND WUESIE ROAD/LAKE. CRE,SI DRIVE.. WHEREAS, on September 30, 2010 a duly verified application was filed with the City of Chula Vista Development Services Department by Integral Communities; LLC ("Applicant"), ("Owner" and "Developer") requesting approval of amendments to the Chula Vista General Plan, Eastlake [Ii GDP/SPA Plan and Eastlake III Planned Community District Regulations and associated regulatory documents fox 12.2 acres located on the north side of Olympic Parkway between Olympic Vista Road f and Wueste Road/L,ake Crest Drive.("Project"); and ~ WHERES, the Project consists of developing a mixed use project consisting of 284 { condominium units , 10,000 square-feet of retail commercial and 3,26'7 square feet of community purpose facility on a 12..2 acre site; and WHEREAS, the Development Services Directar has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously Final Environmental Impact Report, Eastlake III Woods and Vistas f Replanning Program Subsequent BIR #01-01. the Development Services Director has determined that ~ only minor technical changes or additions to this document axe 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 Service Director has prepared an addendum to this document; and WHEREAS, the Planning Commission finds that the Addendum (IS 10-008) to EIR-01-O1 i has been prepared in accordance with the requirements of CEQA, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the Development Services Director set the time and place for a hearing on the Project, and notice of said 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 boundaries of the property, at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p m September 12, 2012 in the Council Chambers, 276 Fourth Avenue, befare the Planning Commission and the hearing was thereafter closed. I 1 NOW IHEREFORE, BE. II RESOLVED IHAI IHE CHULA VISTA PLANNING COMMISSION MAKES IHE. FOLLOWING FINDINGS: I. APPROVAL OF GENERAL PLAN AMENDMENT the Planning Commission recommends Chula Vista General Plan Land Use Diagram be amended as set forth and diagrammatically represented in "Exhibit A", a copy of which is 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. IL. GENERAL PLAN CONSISTENCY the Planning Commission hereby finds and determines that the General Plan, as amended by this Resolution, is internally consistent and shall remain internally consistent. III. GENERAL DEVELOPMENT PLAN FINDINGS The Planning Commission finds by clear and convincing evidence that: IHE, PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVET.,OPMENT PLAN IS IN CONFORMITY WITH IHE PROVISIONS OF IHE. 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 COMMUNIIY CAN BE, INITIAIED BY ESTABLISHEMENT OF SPECIFIC USES OR SECIIONAL PLANNING AREA PLANS WIIHIN TWO YEARS OF THE. ESIABLISHME,NI 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 THE. CASE. OF PROPOSED RESIDENTIAL DEVELOPMENT, THAI SUCH j DEVELOPMENI WILL CONSIIIUIE A RESIDENIIAL ENVIRONMENI OF SUSIAINED DESIRABILITY AND SIABILIIY; AND THAI II WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIEIY IO THE CHARACIER OF IHE SURROUNDING AREA; AND IHAI IHE SITES PROPOSED FOR PUBLIC FACLIIIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO THE SERVICE IHE ANIICIPATED POPULAIION AND APPEAR ACCEPTABLE IO IHE PUBLIC AUIHORIIIES HAVING IURISDICIION IHEREOE 2 the proposed 284 residential units are 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 Iraining Center, multi-family developments; and the Mountain Hawk community park. ANY PROPOSED COMMERCIAL DEVF,LOPMENI CAN BE JUSTIFIED ECONOMICALLY AI IHE LOCAIION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF IHE IYPES NEEDED AT SUCH PROPOSED LOCAIION, According to the Commeroial Lands Analysis prepared for this project, the 10,000 square-feet of proposed convenience commercial will serve the surrounding residents and visitors to the area Large retail centers existing within the Eastlake and surrounding areas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. IHE AREA SURROUNDING SAID DEVE,LOPMENI CAN BE PLANNED AND ZONED IN COORDINAIION AND SUBSIANIIAL COMPAIIBILIIY 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 1 promote the orderly sequentialized development of the Project. the Project is the last area of Eastlake III to be developed. IV.. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN i In light of the findings above, the Planning Commission recommends that the Eastlake III ~ General Development Plan be 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 offce of the City Clerk. V. SPA FINDINGS IHE SECIIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMIIY WITH IHE EASILAKE III GENERAL DEVELOPMENT PLAN AND IHE CHULA VISTA GENERAL PLAN AND IIS SEVERAL ELEMENIS j the proposed amendments to the Eastlake III SPA Plan reflect land uses that are consistent with the Eastlake III General Development Plan and the City 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 area. the proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and, ther'efor'e, the proposed amendments can be planned and zoned I in coordination and substantial compatibility with said development 3 THE. SPA PLAN, AS AMENDED, WILL PROMOTE IHE. ORDERLY SEQUENTIALIZED DEVELOPMENI OF IHE INVOLVED SECIIONAL PLANNING AREAS. The requested amendments to the Eastlake III SPA Plan includes a PFFP that outlines the required infrastructure to serve the Project, the riming of installation and the financing mechanisms to promote the orderly sequentialized development of the Project The Project is the last area of Eastlake III to be developed. According to the Commercial Lands Analysis prepared for this project, the 10,000 square-feet of proposed convenience commercial will serve the surrounding residents and visitors to the area Large retail centers existing within the Eastlake and surrounding areas already provide additional retail services beyond what would be provided at the convenience commercial uses proposed for the project site. I IHE EASILAKE III SPA PLAN, AS AMENDED, WILL NOI ADVERSELY AFFECI ADJACE.NI LAND USES, RESIDENIIAL ENJOYME.NI, CIRCULAIION OR ENVIRONMENIAL QUALITY. The proposed land use text and statistical amendments to the SPA Plan, and development I 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 FE,IR Ol - ~ O1 has been prepared and any impacts associated with the proposed amendments have been previously addressed by FEIR-OI-OL. Ihus, the requested amendments to the SPA Plan will not i adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses j the potential impacts to traffic and circulation have been thoroughly analyzed based upon the i proposed project resulting in specific requirements that must be complied with at the time of development within the project area. Phis includes payment of any required in-lieu fees to pay fair share of crunulative impacts and the construction of a traffic signal at the project entrance and Olympic Parkway, VL. APPROVAL OF SPA AMENDMENTS Based on the findings above, the Planning Commission recommends the City Council approves the Eastlake III SPA Plan as shown in Exhibit "C" subject to the conditions set forth below: 1 the Project shall comply with all mitigation measures specified in FETR-01-O1, to the satisfaction of the Development Services Director 2 the Applicant shall install all public facilities in accordance with the Eastlake III SPA Plan Public Facilities Financing Plan Amendment or as required to meet the Growth Management Ihreshold standards adopted by the City.. the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision 4 3 the Applicant shall implement the Federal and State mandated conservation measures outlined in the Addendum to the WCP for Eastlake III SPA Plan, 4 Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that 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. 5 Prior to the 30`h day after the 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 F.astLake III SPA., PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Lake Pointee project shall be incorporated into the final document and approved by the Director of Development Services for printing 6 Prior to the 30"' day after the Ordinance approving the PC District Regulations ("Ordinance") becomes effective, the Applicant shall submit to the Development Services ~ Department 10 copies and a CD of the approved amendment to the L,astLake III SPA Plan, Eastlake III Planned Community (PC District Regulations), Design Guidelines, Addendum to the AQIP, Addendum to the WCP and Eastlake III SPA PFFP VII. PFFP FINDINGS/APPROVAL 1. THE PUBLIC FACILITIES FINANCE PLAN AMENDMENT COMPLIES WIIH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENIS 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 i IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENI PROGRAM, AND AMENDED EASTLAKE III SPA PLAN. 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 (DIE) fees which must be paid to help 5 defray costs of facilities which will benefit the project. the estimated facilities fees required I by this project ate $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 expendihnes 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(I) 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 IHL PROJECT WILL NOT ADVERSELY AFFECT IHE CIIY'S QUALIIY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP analyzes the impact of" I 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 Ihreshold 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 fn~e 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 L ife Standards Based on the findings above, the Planning Commission recommends that the City Council approves the document entitled "Ihe Eastlake III Lake Pointe Supplemental Rrblic Facilities Finance Plan" dated September 4, 2012, which document accompanies the staff' report as Attachment 9 VIII. APPROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIAIEDREGULATORY DOCUMENTS,. the Planning Commission recommends that the City Council approve 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 ofthe staff report IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur; or if they are, by thew 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 j condition all certificates of occupancy issued under the authority of approvals herein granted, 6 instituted and prosecute litigate ox compel their compliance or seek damages for their violations. No vested rights axe gained by Applicant or successor in interest by the City approval of this Resolution X. 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 ox more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal ar 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 NOW, IHEREFORE, BE II FURIHER RESOLVED IHAI THE. PLANNING COMMISSION RECOMMENDS IHAI IHE IOIAL CPF ACREAGE REQUIRED UNDER CVMC 19.48.025 BE. REDUCED IN CONIUNCIION WIIH IHE, ADOPIION OF THE. SPA PLAN, 1 BE II FURTHER RESOLVED IHAI IHE PLANNING COMMISSION OF IHE CIIY OF CHULA VISIA recommends that the City Council adopt the attached Draft City Council Resolution and Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein.. BE Ii FURIHER RESOLVED BY IHE PLANNING COMMISSION OF IHE. CITY OF CHULA VISIA IHAI a copy of this Resolution and the draft City Council Resolution and Ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF IHE CIIY OF CHULA VISIA, CALIFORNIA, this 12th day of September 2012, by the following vote, to-wit: AYES: Spethman, Moctezuma, Vinson, Calvo NOES: Liuag, Anaya ABSENI: ABSTAIN: j °L~.~ 7 Diana Vargas rchael Spethman, Chair Secretary to the Planning C fission Planning Commission Presented by: Approved as to form by: Gary Halbe , PE AI Glen R Goog~ s Assistant City Ma ager/Development Services Director~~ity Attorney 7