HomeMy WebLinkAboutReso 2014-091 RESOLUTIO\ NO. 2014-091
RESOLUTION OF THE CITI' COiJi�'CIL OF THE CIT1' OF
CHUL.A VISTA APPROVI?vG A SECT10?v.AL PL.ANNING
AREA (SPA) PLAN I?��CLUDI?�'G PLA?v1�TED COMMU`i�'IT1'
DISTRICT REGULATIONS/DESIG?�' PLA?�' (FORM BASED
CODE), PUBLIC FACILITIES FI\AI�'CE PLA1�'; AFFORDABLE
HOUSIi�'G PLAlV AI�'D OTHER REGULATORY DOCUMENTS
ON APPROXIMATELY 323 ACRES OF LAND [I�' THE
VILLAGE 9 PORTION OF THE OTAY RANCH
I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is
diagrammatically represented in Eshibit A attached hereto and incorporated herein b}� this
reference. and commonly l:noti�n as Ota}� Ranch Villaee 9, and for the purpose of eeneral
description consisu of approximatelv 323.1 acres senerall}� located southwest of the
existing terminus of Eastlal:e Parkti�a�� and Hunte Park«�av and east of SR-12� (Project
Site); and
B. Project; Application for Discretionan�Approvals
V�'HEREAS, on July 30, 2009, a duh verified application requestine approval of
Sectional Plan Area (SPA) Plan (PCM-09-19). was filed ���ith the City of Chula Vista
Development Services Department bv Otav Land Company. LLC. (`'ApplicanP' and "O��mer`);
and
�i'HEREAS, the proposed SPA Plan is entitled "Sectional. Plannine Area Plan,
\Jillaee 9; December 2013" ���hich includes and is incorporated therein all of the attached
Appendices, on file in the Office of the Cim Clerk; and
C. Prior Discretionar��Appro��als
�'��HEREAS, 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, pre��iouslv approved by ihe Cii}� Council on Februan 26,
2013: b}� Resolution I�to. 2013-029 (GP.A/GDPA Resolution) �+�herein the Cin�Council, in
the en��ironmental e��aluation of said GPA/GDPA, relied on the Otav Ranch General Plan
Amendment and General De��elopment Plan Amendment Supplemental Environmental
Impact Repon No. 09-01, SCH =2004081066 (SEIR 09-01); and
Resolution No. 3014-091
Paee Z
D. Environmental Determination
WHEREAS; the Citi�`s De��elopment Sen-ices Director has re�-iewed the Project
for compliance N�ith the California Environmental Qualit�� Act (CEQA) and determined
that the Project would result in a si�nificant impact to the environment, and therefore has
prepazed the Village 9 Sectional Planning Area and Tentative Map Environmenta] Impact
Report CV-EIR 10-04; and
E. Planning Commission Record of Application
I��HEREAS, the Development Services Director set the time and place for a hearing
on the Project. and notice of the hearina; together with its purpose, was given by its
publication in a ne���spaper of general circulation in the City and its mailing to propem�
ow�ners within �00 feet of the exterior boundary of the Project Site at least ten (10) daqs
prior to the hearing; and
WHLREAS, the Planning Commission held an adveriised public hearing on the
Project on May 14, 2014, and due to the Planning Commission's lack of a
recommendation for certification of the Final Gnvironmental Impact Report (FEIR). the
Planning Commission voted 4-0-2-1 to recommend disapproval of the SPA Plan and TM
consistent with the provisions of Chula Vista Municipal Code (CVMC) Section
19.48.110: and
WHEREAS; the proceedings and all evidence introduced before the Planning
Commission at the public hearing on the Project held on May 14, 2014, and the Minutes
and Resolution resulting therefrom, aze incorporated into the record of this proceeding; and
F. Cin� Council Record of Application
WHEREAS; the City Clerk set the time and place for the hearine 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 Cit}� and its mailina to property o���ners 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 ���as held
before the Cirv Council on June 3, 2014, in the Council Chan�bers in the Citv 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 testimon}� �vith regard to the same. The
proceedings and am� documents submitted to the City Council as the decision-mal:ers shall
comprise the entire record of the proceedings; and
���HEREAS. immediately prior to this action, the Cit�� Council revie�i�ed and
certified Final EIR ]0-04 (FEIR-10-04) and adopted the Findings of Fact; Statement of
Ovemding Considerations. and Mitigation A�onitoring and Reporting Procram, pursuant to
Resolution 2014-090.
Resolution No. 2014-091
Paee 3
NO�'. TI�REFORE. BE IT RESOLVED that the Cin� Council of the Cin� of Chula \rista
does hereb�°fmd. determine, and resolve as follo��s:
II. CERTIFICATION OF COMPLLAI�'CE \�'ITH CEQ.A
The Cin� Councii. in the eaercise of their independent revie�v and jud�nent. immediatelv
prior to this action; re��ie���ed and certified FEIR-]0-04 and adopted the Findinss of Fact;
Statement of Overriding Considerations, and Mitieation Monitorine and �Reporting
Proeram. «�hich are on file in the Office of the Cin�Clerk.
III. SPA FINDII�'GS
A. THE PROPOSED SECTIONAL PLANI�TING AREA PLAN IS II�' COI�TFORIvIITY
VJITH THE OTA1' RANCH GEI�TERAL DEVELOPMENT PLAI�' AND ITS
SEVERAL ELEn4ENTS.
The proposed Village 9 SPA Plan reflects ]and use desienations, circulation, and
public facilities that are consistent «�th the Ota�� Ranch General Development Plan
and the Cih� of Chula Vista General Plan. The proposed SPA Plan is compatible
�rith previousl�� approved plans and rewlations applicable to surroundine sites and,
therefore. the proposed SPA Plan can be planned and zoned in coordination and
substantial compatibility «rith surroundin� development.
B. THE PROPOSED SPA PLAi\' VJILL PROMOTE THE ORDERLY
SEQUEN�I�IAI..IZED DEVELOPA�IENT OF THE li�'VOLVED SECTIONAL
PLAi\�'li�'G AREAS.
The proposed Villase 9 SPA Plan ti�ill promote the orderl�� sequentialized
development of the SPA Plan azea because the project �ill be de��eloped in a
manner that is consistent with the project`s Form Based Code, Phasing Plan. and
Public Facilities Financine Plan.
C. THE PROPOSED SPA PLAN �'OULD I�'OT ADVERSELY AFFECT
ADJACEI�'T LAND USE. RESIDEI�'TIAL EI�'JOY��fENT. CIRCULATIO\' OR
EI�T��IRO\'MENTAL QUAL[7Y.
The proposed Village 9 SPA Plan has been re��ie���ed and has been determined to
be consistent ���ith the overall land use pattem and circulation s��stem envisioned
in the Ota�� Ranch General Development Plan. Environmental Impact Report
FEIR -]0-04 and its associated 1�4itioation Monitorin� and Reportine Program ha��e
been prepazed and anv impacts associated �vith the proposed SPA Plan ��ould be
mitigated to the e�tent feasible. Thus, the proposed SPA Plan, as a ���hole. ��ould
not adverselv affect the adjacent land uses. residential enjo«nent, circulation or
em�ironmental qualin�of the surroundine uses.
Resolution No. 2014-091
Pa�e 4
]V. COI�'DTTTONS OF APPROVAL
1. Prior to appro��al of an�� land development permits; the Applicant shall demonstrate that
the applicable Air Quality Improvement Plan (AQIP) project desi<�n features and
measures outlined in the Air Qualih� Impro��ement Plan pertainine to the design_
construction and operational phases of the project have been incorporated in the project
desian.
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. The Applicant shall develop the Project site as described in the Project Description of the
Final Environmental Impact Report (FEIR-10-04).
4. The Applicant acknowledges that this approval shall constitute approval of the SPA
Entitlements as set forth under that certain First Amendment to the LOA, recorded on
March 20. 2013 as Document No. 2013-0176117.
�. Prior to approval of any Project proposing private development of property designated for
a school use, prior to the expiration of the school site reservation, the Applicant shall:
a. Provide evidence and proof of agreement from the applicable school district that
the site has not been deterniined by the district to be needed for use as a school
site.
b. Obtain approva] of a SPA and Administrative Amendment approving the
underl��ing use for the site(s) pursuant to SPA Section 9.3.2.B.
6. All of the terms. covenants and conditions contained herein shall be bindine upon and
inure to the benefit of the heirs, successors, assigns and representatives of the De��eloper
as to an�� or all of the Property. For the pucpose of this document "Developer' shall ha��e
the same meaning as "Applicant."
7. If any of the tern�s. co��enants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if am� of such conditions
fail to be so implemented and maintained according to their terms, the City shall have the
rieht to revoke or modify all approvals herein granted including issuance of building
permits, denv, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance
with said conditions and/or seek damages for their violation.
Resolution No. 2014-091
Paee �
8. The .4pplicant shafl indemnifi, protect, defend and hold the Cin� its aeents, officers and
emplo��ees harmless from and a�ainst an�� and all claims. liabilities and costs, including
attorne��s` fees. arisin� from challenEes to the Villaae 9 Sectional Plannine Area Plan and
Tentative Map Environmental Impact Report (CV-EIR-10-04) Mitieation I�4onitoring and
Reporting Pro�am for the Project, the Ota� Ranch Villa�e 9 Sectional Plannine Area
(SP.A; PCM-09-19) Plan. and/or an}� and all entitlements issued bv the Cim in connection
�vith the Project. The Applicant and the City agree that the indemnity pro��isions
contained in the De��elopment Agreement satisfi� this condition.
9. The Applicant shall comph� �vith all conditions of appro��aL guidelines. policies; and an��
other applicable requirements of the follo«�in2 plans and programs, as amended from time
to time: The Cin� of Chula Vista 1�4unicipal Code; the Chula Vista Subdivision Manual;
Cin• of Chula V"ista A4ultiple Species Conservation Pro�ram (1�4SCP) Subarea Plan; Cin�
of Chula Vista Design and Construction Standards; the Development Storm Water
Manual for De��elopment and Rede��elopment Projects; the Cin� of Chula \'ista Gradine
Ordinance, CVMC 1�.04; the State of Califomia Subdivision Map Act; the Cin� of Chula
Vista General Plan: the Cirv's Gro��Kh A4anaRement Ordinance: Chula \'ista Desien
A4anual; Chula Vista Landscape Manual; Chula Vista Fire Facilit�� Master Plan. and Fire
Department Policies and Procedures; Otav Ranch General Development Plan. Otav
Ranch Resource Management Plan (RA4P) Phase 1 and Phase 2, includine the Presen�e
Con��e��ance Schedule; City of Chula Vista .Adopted Parks and Recreation Master Plan,
Ota�� Ranch «'ide Affordable Housine Plan: Otav Ranch Overall Desien Plan: Otav
Ranch Village 9 Sectional Plannine Area (SPA, PCM-09-19) Plan and supporting
appendices, includine: Public Facilities Finance Plan (PFFP). Affordable Housine Plan,
Air Qualih� Impro��ement Plan (AQIP); Agricultural Plan. Fire Protection Plan. Non-
Renewable Enerm� Conservation Plan, Preserve Edge Plan, and Water Conservation Plan
(WCP), as amended from time to time; and Village 9 Tentative Map (TM) CVT-09-0�.
The Project shall comply ���ith all mitigation measures specified in the Ota}� Rar�ch
Villaee 9 Sectional Planning Area Plan and Tentati��e Map Environmental Impact Report
(CV-EIR-]0-04) A4itieation A4onitorine and Reporting Program, to the satisfaction of the
Development Sen�ices Director.
10. The Applicant acl:no���ledees and agrees to compl}� �ti�ith the provisions of the City of
Chula Vista Greenbelt n4aster Plan (September 16, 2003) as expressed in the SPA Plan.
1 l. The Project shall satisfi� the requirements of the Pazkiand Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide three (3) acres of local pazks and related
impro��ements per 1,000 residen[s. Local parks are comprised of communit�� parks and
neighborhood pazks. O��erall park obligation shall be met throu�h the pa�inent of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of
De�-elopment Sen�ices.
12. Phasine appro�ed ���ith the SPA Plan ma}� be amended subject to appro��al b�-the Director
of Development Ser��ices and the Cin� En�ineer.
Resolution No. 201�-091
Pa�e 6
13. The Applicant shall enter into supplemental agreement(s) with the Cih�; prior to appro��al
of each Final A�ap for any phase or unit, whereb��:
a. The Developer aeree(s) that the City may withhold building permits for anv units
��ithin the Project Site in order to ha��e the Project comply ���ith the Grotinh
Management Program; or, if any one of the following occur:
i. ReQional de��elopment threshold limits set by a Chula Vista transportation-
phasing plan, as amended from time to time, have been reached.
ii. Traffic volumes. level of ser��ice, public utilities and/or sernices either
e�ceed the adopted City threshold standards or fail to comply with the then
effective GroNrth n9anagement Ordinance and Gro�inh Management
Proeram and anv amendments thereto.
iii. The project`s required public facilities; as identified in the Public Facilities
Finance Plan (PFFP); or as amended or otherwise conditioned, ha��e not
been completed or constructed in accordance with the project entitlements
including the Development Agreement to the satisfaction of the City. The
Developer may propose changes in the timing and sequencing of
development and the construction of improvements affected. In such case,
the PFFP may be amended afrer review and appro��al by the City's
Director of Development Services and the City Engineer. The Developer
agree(s) that the Cit}� may withhold building perniits for any of the phases
of development identified in the PFFP for the Project if the project's
required public facilities, as identified in the PFFP or in accordance with
the Development Agreement are not meeting the City's standard operatine
thresholds. Public utilities shal] include, but not be limited to. air qualih�,
drainage. se���er and water.
14. After final SPA approval, the Applicant shal] submit electronic versions of all SPA
documents, induding test and graphics, to the Development Services Depanment in a
format specified and acceptable to the Development Services Director.
15. The Applicant shall coinply �vith the Fire Depariment's codes and policies for Fire
Prevention. As part of any submittal for design revie�i�; a fire access and water supply
plan prepared by a licensed engineering firm, which has been determined to be qualified
in the sole discretion of the Fire n9arshall, shall be submitted for approval by the City of
Chula Vista Fire MarshalL The plan shall detail ho�v and when the Applicant shall
provide the following items either prior to U�e issuance of building permit(s) for the
Project; or prior to delivery of combustible materials on any construction site on the
Project, �vhichever occurs earlier:
Resolution\o. 2014-091
Pa�e 7
a. V�'ater suppl}� consistin� of fire hvdrants as approved and indicated b�� the Fire
Department durino plan check to the satisfaction of the Fue D4arshall. .4m
temporan� water supph� source is subject to prior appro��al by the Fue Marshal.
b. Emereenc} ��ehicle access consistine of a minimum first laver of hard asphalt
surface or concrete surface. N�ith a minimum standard width of I� feet.
c Street signs installed to the satisfaction of the Cih� Eneineer. Temporary street
signs shall be subject to the approval of the Cin� En�ineer and Fire A4arshal.
Locations and identification of temporarv street si�ns shail be subject to revie��� and
approval by the Cim Engineer and Fire A9azshal.
V. GOVERI�rh4ENT CODE SECTION 66020 NOTICE
Pursuant to Govemment Code Section 66020(d) (1), NOTICE IS HEREBY GNEI�' that
the 90 day period to protest the imposition of an�� impact fee. dedication, reservation, or
other e�action described in this resolution beeins on the effective date of this resolution
and an}� such protest must be in a manner that complies �vith Section 66020(a) and failure
to folloti� timely this procedure ���ill baz any subsequent legal action to attack, set aside;
�oid or annual imposition. The right to protest the fees, dedications. reservations, or
other exactions does not appl�� to planning; zoning, erading, or other similaz application
processing fees or sen�ice fees in connection �vith the project; and it does not appl}� to any
fees. dedication. resen�ations. or other ezactions which ha��e been eiven notice similaz to
this. nor does it revive challenees ro am� fees for �;�hich the Statute of Limitations has
previousl}� expired. �
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Propem� OHmer and the De��eloper shall execute this document b�� signine the lines
provided belo���, said eaecution indicatins that the Propem� O��mer and Developer ha��e
each read. understood and aereed to the�conditions contained in Resolution \ro. 2014-
091, and «ill implement same to the satisfaction of the De��elopment Services Director.
lipon execution; this document and a cop}� of Resolution No. 2014-091 shall be recorded
���ith the County Clerk of the County of San Die�o, at the sole espense of the Propem
O«mer andlor De��eloper; and a signed; stamped copy retumed ro the City Clerk. Failure
to retum a signed and stamped cop�� of this recorded document N�ithin thim� davs of
recordation to the City Clerk shall indicate the Propem� O��ner/De��eloper's desire that the
project. and the correspondine application for building permits and/or a business license;
be held in abe��ance �vithout approval.
Resolution No. 2014-091
Pa�e 8
Signature of Propem� ONmer Date
�- ` � �a�� � � � �j y
Paul J. Borden; President, , Land Company
Signature of Developer Date
� �� � �; z �,y
Paul J. Borden, resid , ta�� an a7np�
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur; or if the}� are, by their terms; to be
implemented and maintained o��er time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the Ciry shall have the right to
revoke or modif}� all approvals herein granted, deny or further condition issuance of future
building permits; denv; revoke or further condition all certificates of occupancy issued
under the authorip� 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.
VIII. INVALIDITY: AUTOMAT[C 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. pro��isions or conditions are determined b}� the Court of
competent jurisdiction to be invalid, illegal or unenforceable, if the Cit}� Council so
determines in its sole discretion, this Resolution shall be deemed to be revoked and no
further in force or in effect ab initio.
BE IT FURTHER RESOLVED that based on the above-referenced Findinas and
Conditions ofAppro��al the City Council does hereby approve the Village 9 SPA Plan.
Presented by Approved as to form by
�
Kelly G. ughton; FASLA Glen R. oo�ins
Director of Development Services ih- Atto ey
Resolucion No. 2014-091
Pa�e 9
PASSED. APPROVED. and ADOPTED b�' the Cim Council of the Cin of Chula Vista.
Califomia� this 3rd da� of June 2014 b� the foiloNine ��ote:
AI'ES: Councilmembers: Aeuilaz. Bensoussan. Ramirez. Salas and Coa
\?AI'S: Councilmembers: None
ABSE1vT: Councilmembers: None
Chen�l Cos. A4ar
ATTEST:
����.. � ���
Donna R. Noms. C 4C. Cirv Clerk
STATE OF CALIFORI�TIA )
COUI�'TY OF SAN DIEGO )
CIT1' OF CHULA VISTA )
I. Donna R. Noms. Cirv Clerk of Chula Vista. California. do hereb�� certifi� that the foreaoins
Resolution No. 2014-091 ���as dul}� passed, approved, and adopted b}� the City Council at a
reeulaz meetine of the Chula Vista Cih� Council held on the 3rd dav of June 2014. �
Esecuted this 3rd dav of June 2014.
/
Donna R. ?�'orris. CA4C. Cirv Clerk
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