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HomeMy WebLinkAboutReso 2013-270 RESOLUTION NO. 20]3-270 RESOLUTIOI�' OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVli�'G THE OTAY RAT'CH VILLAGE EIGHT V1'EST SECTIOI�'AL PLAI�TI�TII�'G AREA (SPA) PLAN PROPOSII�'G 621 SII�rGLE-FAMILY DVdELLIt�'G lJt�'ITS. 1.429 D4ULT1-FAMILY DV�'ELLII�TG UI�'ITS. AND 300,000 SQUARE FEET OF RETAIL A�\TD OFFICE USES FOR AN APPROXIMATELY 300.3 ACRE SITE LOCATED SOUTH OF � THE EXISTING TERMIT`TUS OF LA MEDIA ROAD, AND SOUTH�1'EST OF THE II�'TERSECTION OF MAGDALENA AVENUE AI�'D MAIN STREET I. RECITALS A. Project Site Vl'I-IEREAS, 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 l:no��m as Otay Ranch Village Eight V1'est. and for the purpose of general description herein consisu of approsunatel}�300.3 acres eenerall�� located south of the existing terminus of La Media Road, and southn=est of the intersection of Magdalena Avenue and Main Street (Project Site); and B. Project; Application for Discretionarv Approvals V�'HEREAS, on Jul}� 30, 2009, a duly verified application requestine approval of Sectional Plan Area (SPA) Plan (PCM-09-18). was filed �;�th the Cit}� of Chula Vista Development Services Department by Otay Land Company, LLC.(`Applicanr'and "O�timer'); and WHEREAS, the proposed SPA Plan is entitled "Sectional Planning Area Plan, Village Eieht West, May 2013" ��fiich includes and is incorporated therein all of the attached Appendices; on file in the Office of the Ciry Clerk; and C. Prior Discretionarv Approvals WHEREAS, the development of the Project Site has been the subject matter of a General Plan Amendment GPA-09-01, and the Ota}� Ranch General Development Plan Amendment GDPA 09-11; previously approved b�� the City Council on February 26; 2013, by Resolution No. 2013-029 (GPA/GDPA Resolution) �vherein the Cit}� Council, in the environmental e��aluation of said GPA/GDPA, relied on the Otay Ranch General Plan Amendment and General Development Plan Amendment Supplemental Environmental Impact Report No. 09-01, SCH #2004081066 (SEIR 09-01); and D. Environmental Determination WHEREAS, the Cit��'s Development Services Director has re��iewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project would result in a significant impact to the environment, and therefore has prepazed the Villaee Eight Wesi Sectional Plannine Area and Tentative Map Em�ironmental Impact Report CV-EIR 10-03; and Resolution No. 2013-270 Page 2 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 w�th its purpose, was given by its publication in a ne�i�spaper 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 (]0) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on November 20; 2013 and ��oted 4-2-0-1 to forward a recommendation to the Ciry Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on November 20, 2013 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 hearings, 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 ofthe 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 Ciry Council on December 17, 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 heaz public testimony with regard to the same. The proceedings and any documents submitted to the City Council as the decision-makers shall comprise the entire record of the proceedings; and WHEREAS, immediately prior to this action, the City Council reviewed and certified Final EIR ]0-03 (FEIR-]0-03) and adopted the Findings of Fact; Statement of Overriding Considerations; and Mitigation Monitoring and Reporting Program, pursuant to Resolution 2013-269. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: II. CGRTIFICATION OF COMPLIANCE WITH CEQA The Ciry Council, in the exercise of their independent review and judgment, immediately prior to this action, reviewed and certified FEIR-]0-03 and adopted the Findings of Fact. Statement of Overriding Considerations, and Mitigation Monitoring and Reportin� Program, ���hich are all on file in the Office of the City Clerk. Resolution I�'o. 2013-270 Paee 3 III. SPA FII�DII�'GS .4. THE PROPOSED SECTION.AL PLAi\'i��'G AREA PL.Ai\' IS IN COI�TFORMITY �1'ITH THE OTAY RANCH GENERAL DEVELOPMEI�'T PLAI�' AND ITS SEVERAL ELEAIENTS. The proposed Village Eight R'est SPA Plan reflects land use desienations, circulation, and public facilities that are consistent Hith the Otay Ranch General Development Plan and the Cih- of Chula Vista General Plan. The proposed SPA Plan is compatibie ��ith previously approved plans and regulations applicable to surroundine sites and, therefore, the proposed SPA Plan can be planned and zoned in coordination and substantial compatibilin�with surrounding development. B. THE PROPOSED SP.A PLPLN A'ILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPNIENT OF THE II�TVOLVED SECTIONAL PLANI�TIt�'G AREAS. The proposed Villaee Eieht R'est SPA Plan H2ll promote the orderh� sequentialized development of the SPA Plan azea because the project «�II be de��eloped in a manner that is consistent ��th the project's Form Based Code, Phasing Plan, and Public Facilities Financine Plan. C. THE PROPOSED SPA PLAI�' WOULD 1�'OT ADVERSELY AFFECT ADJACENT LAI��D USE. RESIDENTIAL ENJOYI�4EI�iT. CIRCULATIOI`' OR EI�TVIROI�iMEi�'TAL QUALITY. The proposed SPA Plan has been reviewed and has been determined to be consistent �;�th the overall land use pattern and circulation system envisioned in the Ota�� Ranch General Development Plan. Environmental Impact Report FEIR - 10-03 and iu associated Mitioation Monitorine and Reportine Proeram have been prepared and any impacts associated w�ith the proposed SPA Plan ��ould be mitieated to the extent feasible. Thus. the proposed SPA Plan will not adverselv affect the adjacent land uses, residential enjo}�nent; circulation or environmental qualin�of the surroundine uses. IV. CONDITIOI�S OF APPROVAL 1. Prior to appro��al of any land de��elopment permits. the Applicant shall demonstrate that the applicable Air Quality Improvement Plan (AQIP) project desien features and measures outlined in the Air Qualin� Improvement Plan pertainine to the desian, construction and operational phases of the project have been incorporated in the project desien. Resolution No. 2013-270 Page 4 2. Prior to issuance of building permits or approval of landscape construction plans, the Applicant shall implement the applicable mandatory water quality conservation measures of the V�'ater Conservation Plan of the SPA Plan. 3. Prior to approval of any Project proposing private development of property designated for a school use, prior to the e�piration of the school site reservation, the Applicant shall: a. Pro��ide evidence and proof of agreement from the applicable school district that the site has not been determined by the district to be needed for use as a school site. b. Obtain approval of a SPA and Administrative Amendment approving the underlyin� use for the site(s) pursuant to SPA Section 93.2.B. 4. All of the terms, co��enants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to an}� or all of the Property. For the purpose of this document "Developer" shall have the same meaning as "Applicant." 5. If any of the terms; covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms; the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute liti�ation to compel their compliance with said conditions and/or seek damages for their violation. 6. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and employees harmless from and against any and all daims, liabilities and costs, including attorneys' fees, arising from challenges to thc Village Eight West Sectional Planning Area Plan and Tentative Map Environmenta] Impact Report (CV-EIR-10-03) Mitigation Monitoring and Reporting Program for the Project, the Otay Ranch Village Eight West Sectional Planning Area (SPA, PCM-09-]8) Plan, and/or any and all entitlements issued by the City in connection with the Project. The Applicant and the City agree that the indemnity provisions contained in the Development Agreement satisfy this condition. 7. The Applicant shall comply �vith all conditions of approvaL guidelines, policies, and an}� other applicable requirements of the follo�ving plans and proarams; as amended from time to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual; City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; Ciri� of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the Cit}� of Chula Vista Gradine Ordinance, CVMC 1�.04; the State of Califomia Subdivision Map Act; the Cit}� of Chula Vista General Plan; the City's Gro��nh A4anagement Ordinance; Chula Vista Design ManuaL' Chula Vista Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies and Procedures; Otay Ranch General Devclopment Plan, Otay Resolution No. 2013-270 Paee � Ranch Resource !�4anasement Plan (RMP) Phase 1 and Phase 2, includins the Preser��e Com�eyance Schedule;�Ciri� of Chula Vista Adopted Pazks and Recreation Master Plan, Otay Ranch R%ide Affordable Housine Plan; Otav Ranch Overall Design Plan; Otav Ranch Villaee Ei�ht West Sectional� Plannine Area (SPA. PCM-09-18) Plan and supporting appendices. includine: Public Facilities Finance Plan (PFFP), Affordable Housine Plan, Air Qualin- Impro��ement Plan (AQIP); Aericultural Plan. Fire Protection Plan; Non-Rene�rable Energ�� Conservation Plan, Preserve Edee Plan, and lUater Conservation Plan (V�'CP); as amended from time to time; and y Villaee Eight V�'est Tentative A4ap (TM) CVT-09-04. The Project shall compl�� �ti�ith all mitigation measures specified in the Ota}� Ranch Village Eieht V�'est Sectional Plannins Area Plan and Tentative h4ap Environmental Impact Report (CV-EIR-10-03) Mitisation Monitoring and Reporting Prograzii, to the satisfaction of the Development Sen�ices Director. 8. The Applicant acl:no���ledees and agrees to comply ��th the pro��isions of the Cin� of Chula Vista Greenbelt Master Plan (September 16, 2003) as expressed in the SPA Plan. 9. The Project shall satisfi� the requirements of the Pazkland Dedication Ordinance (PDO) pursuant to Chula Vista Municipal Code Chapter U.10. The Ordinance establishes a requirement that the project. provide three (3) acres of local pazks and related improvements per 1,000 residents. Local parks aze comprised of community parks and neighborhood pazks. O��erall pazk obligation shall be met through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of Development Sen�ices. ]0. Phasing approved �vith the SPA Plan may be amended subject to approval by the Director of Development Sen�ices and the Cin� Eneineer. 11. The Applicant shall enter into supplemental aereement(s) with the City, prior to approval of each Final Map for any phase or unit, ti�hereby: a. 7'he Developer agree(s) that the Ciri� may withhold building permits for any units N�ithin the Project Site in order to have the Project comply �aith the Gro���th A4anaaement Proeram: or, if anv one of the follo���ine occur: i.� Regional development threshold limits set by a Chula Vista transportation- phasing plan, as amended from time to time. have been reached. ii. Traffic ��olumes, le��el of service; public utilities and/or services either esceed the adopted City threshold standards or fail to comply H�ith the then effective Gro�-th Manaeement Ordinance and Groti�th Manaeement Proeram and an�� amendments thereto. V iii. The projecrs required public facilities; as identified in the Public Facilities Pinance Plan (PFFP), or as amended or othenvise conditioned, have not been completed or constructed in accordance �vith the project entitlements includina the Development Aereement to the satisfaction of the Cip�. The De��eloper may propose chanees in the timing and sequencing of de��elopment and the conswction of improvements affected. In such case, the PFFP ma�� be amended afrer revieti� and appro��al b}� the City's Director of Development Services and the City Eneineer. The De��eloper aeree(s) that the City may withhold building permits for any of the phases Resolution No. 2013-270 Page 6 of development identified in the PFFP for the Project if the projecrs required public facilities, as identified in the PFFP or in accordance ���ith the Development Agreement are not meeting the City's standard operatine thresholds. Public utilities shall include, but not be limited to, air qualih�, drainage, sewer and water. ]2. Afier final SPA approval, the Applicant shall submit electronic versions of all SPA documents, including te�t and graphics, to the Development Services Department in a format specified and acceptable to the Development Services Director. 13. The Applicant shall comply with the Fire Departmenfs codes and policies for Fire Prevention. As part of any submittal for design review, a fire access and water supply plan prepared b}� a licensed engineering firm, which has been determined to be qualified in the sole discretion of the Fire Mazshal, shall be submitted for approval by the City of Chula Vista Fire Marshal. The plan shall detail how and when the Applicant shall provide the following items either prior to the issuance of building permit(s) for the Project. or prior to deli��erv of combustible materials on any construction site on the Project, �vhichever occurs earlier: a. Water supplv consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Marshal. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency ��ehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 1� feet. c. Street signs installed to the satisfaction of the Cit}' Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshal. V. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Govemmevt Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation; or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, set aside. void or annual imposition. The right to protest the fees, dedications, reservations, or other e�actions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project; and it does not apply to an}� fees, dedication, reservations, or other esactions which ha��e been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously e�pired. Resolution No. 2013-270 Pa�e 7 VI. EXECUTION OF RESOLUTION OF APPROVAL The Propem� Otiner and the Developer shall esecute this document by signine the lines provided beloti�, said execution indicating that the Propem� Ow�ner and Developer have each read, understood and agreed to the conditions contained in Resolution No. 2013- 270, and will implement same to the satisfaction of the De��elopment Services Director. Upon execution, this document and a cop}� of Resolution No. 2013-270 shall be recorded ti�ith the Counn� Clerk of the Count}� of San Diego, at the sole e�pense of the Propem� OHmer and/or Developer; and a signed, stamped copy retumed to the City Clerk. Failure to retum a si�ned and stamped copy of this recorded document ��thin thirty da}�s of recordation to the City Cierk shall indicate the Propem O�mer/Developer`s desire that the project; and the corresponding application for building permits and/or a business license, be held in abeyance H�ithout approval. Signature ro em� Owmer Date � 1 �rt � Paul J. Bord .'President Otay Land Company � � e��el per Date �� � i � �� f ,4 Paul J. Bor en. President Otay Land Company VII. CONSEQUEI�'CE OF FAILURE OF CONDITIONS lf any of the forgoin� conditions fail to occur, or if they aze, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained accordine to 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; dem�, revoke or further condition all certificates of occupancy issued under the authorin� of approvals herein granted; instituted and prosecute litieate or compel their compliance or seek damages for their ��iolations. No vested riehts aze gained by Applicant or successor in interest by the City approval of this Resolution. VllI. INVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceabiliri of each and every term, provision, and condition herein stated; and that in the eveni that any one or more terms, provisions or conditions are determined bv the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the Ciri� Council so determines in iu sole discretion, this Resolution shall be deemed to be re��oked and no further in force or in effect ab initio. Resolution No. 2013-270 Page 8 BE IT FURTHER RESOLVED that based on the above-referenced Findings and Conditions of Approval, the Cit}� Council does hereby approve the Village Eight West SPA Plan. Presented by Approved as to form by C Kelly . roughton, FASLA G� n R. Goo�ins Director of Development Sen�ices Cit�j-�ttot�ney PASSED, APPROVED, and ADOPTED by the City Council of the Cit}� of Chula Vista, California, this 17th day of December 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M �or ATTEST: Donna R. Norris, C��� STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris; Ciry Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2013-270 was duly passed, approved, and adopted by the City Council at a special meeting of the Chula Vista City Council held on the 17th day of December 2013. Executed this 17th day of December 2013. Donna R. Norris, MC, City Clerk �'ii�C�.+i LO t�ATO R MAP +�� � ��:;;;` �':�!:_,,; t._ ;.�1:'�:- µ.:.,.:, !�i:�; Villa e 6 �''F" Freeway ,,;..: g Comm. �` Village 11 k,,,,i ._�,;�_: � � �;r-•.. � N t,,�'.;j�:a: Q � �:�).°;�r.': . y�Q�G y Qy� ig+„iLower . (G �..,,'�,.r,, p� � R° m � �:�.:.�4�,� ;Olay � siRCN Eastern .a Je� ��'ilili''" � .•,,sti,Reservoir m Urban `L � �';;z:,,,,,;;,. o , �;-,,;:;�,.. :. . Village 2 a Center ',,;�k�, E,,'. << , ( A ' v (Millenia) Univer5ity �,"r f'�'�`' ; Village 7 —,;�;;r�� ! ,u,,, . � '�;K1�:i�::: : .•• ' �.'r:,',.a:�r,,� . , �„� . 2 ; E,;.j�o'i,;;:>„ /• •�' 1 � . , ,"''iq�,,,. ._.._: ' � � Village 9 �' oi�y � � Planning Area 10 :.•� Landfill o � , Village 4 Village 8 y�o �` ,,••'' Village 8 East y ��� �� P 1P, �� .._.._.._... '' Village 3 W@St � �t������s���o�•: Mp�N S� �cr°F,�•'',,N o`E`' .�• pr S .�'�,•G��N�y .�' 77 .�' rc .�' v, - .�' O . �. I ,.''�� � . ��• o• .�' � � P�OJE T ���� �"� 7 .'. .-. o i .�� IJ . .— �,i•' �� O ._.._.._. ,.._.._. � ����0 ``7 �, �� IJ N � o .� .�- W �; I; '�,�,,.. �. s EXHIBIT "A"