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HomeMy WebLinkAboutReso 1993-17309RESOLUTION NO. 17309 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING THE GENERAL PLAN FOR 74 ACRES LOCATED WITHIN THE EASTLAKE GREENS COMMUNITY, SOUTH OF EASTLAKE HIGH SCHOOL AND ON BOTH SIDES OF THE EXTENSION OF EASTLAKE PARKWAY Recitals. A. Project Site. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the EastLake Greens General Plan Amendment; and for purposes of general description herein consists of approximately 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community on the west side of the southerly extension of EastLake Parkway, south of EastLake High School (Sub-Area 1 on Attachment A) and east of the southerly extension of EastLake Parkway, south of EastLake Greens Golf Course (Sub-Area 2 on Attachment A) ("Project Site"); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the EastLake Development Company ("Developer") has applied to the City for approval of an amendment to the General Plan for 74 acres (reconfigured from the original request for 51 acres) located within the EastLake Greens community. The request generally consists of an amendment to the General Plan Land Use Diagram from Low Medium Residential (3-6 du/ac), Public/quasi-Public and Open s~a~31, to Medium Residential (6-11 du/ac}, Medium-High Residential I 8 du/ac), Public/Quasi- Public (reconfigured) and Open Space, and that the alignment for EastLake Parkway as shown on the General Plan land use and circulation diagram be adjusted ("Project"); and, C. Prior City Council Action. WHEREAS, the City Council, as Condition No. 44 of Resolution No. 15200 adopted July 18, 1989, for the EastLake Greens Tentative Subdivision Map ("Tentative Map"), required a low and moderate income housing program with an established goal of a 54 low and 54 moderate ("Condition No. 44"), and deferred said low and moderate income housing condition pending further evaluation of the General Plan density policies as they relate to parcels R-26 (Sub-Area 1 on Attachment A), R-24, R-25, R-27 and R-28; and, WHEREAS, the Project allows review of the affordable housing requirements for the EastLake Greens development and the opportunity for the preparation of an affordable housing program; and, Resolution No. 17309 Page 2 WHEREAS, the proposed Project would provide the potential for additional density on parcel R-26 (Sub-Area I on Attachment A) and therefore the additional potential to provide affordable housing units within EastLake Greens to be analyzed further at the General Development Plan and Sectional Planning Area Plan level; and, D. Application for Discretionary Approvals. WHEREAS, on September 15, 1992, the Developer filed applications with the City of Chula Vista for a General Plan Amendment ("Discretionary Approvals Application"); and, E. Planning Commission Record on Application. WHEREAS, a public hearing on the DiscretionaryApprovals Application was duly noticed before the Planning Commission at the meetings of March 3, and continued it to April 12, April 28, May 12, and May 26, 1993; and, WHEREAS, the Planning Commission, at a public hearing held March 3, April 12, April 28, May 12, and May 26, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain findings as set forth in their Recommending Resolution GPA-93-04, and recommended to the City Council the approval of said Discretionary Approvals Application based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 16, 1993 on the Discretionary Approvals Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby find, determine, resolve and order as follows: II. Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearings on Project held on March 3, April 12, April 28, May 12, and May 26, 1993, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. EIR Reviewed and Considered. The Environmental Review Coordinator has conducted a Initial Study (Case No. 93-16) for the proposed Project and prepared a Addendum, known as document number C093-261, a copy of which is on file in the office of the Resolution No. 17309 Page 3 City Clerk, which finds that the Project would have no significant impacts which were not analyzed in EIR-86-04 for the EastLake Greens SPA Plan and Tentative Subdivision Map, known as document number C093-265, a copy of which is on file in the office of the City Clerk. The City Council of the City of Chula Vista has reviewed, analyzed and considered EIR 86-04, and the Addendum thereto, the environmental impacts therein identified for this Project; the Candidate Findings of Fact ("Findings" or "CEQA Findings"), known as document number C093-262, a copy of which is on file in the office of the City Clerk, and the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program ("Program"), known as document number C093-263, a copy of which is on file in the office of the City Clerk, and the Statement of Overriding Considerations, known as document number C093-264, a copy of which is on file in the office of the City Clerk, all of which are incorporated herein by this reference, prior to approving the Project. IV. Certification of Compliance with CEQA. The City Council does hereby find that EIR 86-04, and the Addendum thereto, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. Independent Judgment of City Council The City Council finds that EIR-86-04, and the Addendum thereto, reflects the independent judgment of the City of Chula Vista City Council. VI. Conditional Approval of General Plan Amendments. The Chula Vista General Plan Land Use diagram of the City's General Plan is amended so that the portion thereof as shown in that portion of Attachment A labeled Subarea 1 and Subarea 2, attached hereto, is hereby amended to reflect the land use designations for such subareas shown on Attachment A, incorporated herein by this reference, subject to the General Conditions hereinbelow set forth. VII. Genera) Conditions of Approval. The approval of the foregoing Discretionary Approvals Application which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Implement Mitigation Measures. Resolution No. 17309 Page 4 Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in EIR-86-04 that are found by this resolution to be feasible. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the EastLake Greens Mitigation Monitoring and Reporting Program. VIII. Consequence of Failure of Conditions. If any of the foregoing conditions 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, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. IX. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby re-adopt, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the "Candidate CEQA Findings" Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the EIR for the EastLake Greens SPA (EIR-86-04} and in the CEQA Findings, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the project proponent, the City, or the school district} assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the Project which were identified as potentially feasible in the EIR are found not to be feasible since they could not meet both the objectives of the Project and substantially lessen or avoid the identified significant environmental effects for the reasons set forth in said CEQA Findings. Resolution No. 17309 Page 5 Adoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program ("Program"). The Council hereby finds that the Program is designed to ensure that during project implementation the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and the Program. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guideline Section 15093, a Statement of Overriding Considerations in the form set forth in document number C093-263, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. Notice of Determination The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. XI. Invalidity; Automatic revocation. It is the intention of the City Council that its adoption of this Resolution is dependent upon the 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 a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. XII. One General Plan Amendment. It is the intention of the City Council that its action on the EastLake Greens GPA, by its action on this Resolution, and its action on the General Plan Amendment for the EastLake Land Swap and the companion Otay Ranch Project and its action on the EastLake Greens GPA (GPA-g3-04) be and is one General Plan Amendment for the purposes of the state law limitation on the number of allowable General Plan Amendments in one year. Resolution No. 17309 Page 6 XIII. Affordable Housing Requirement Reinstituted. While the Council has not yet determined that entire EastLake Greens project, under the authority of Section 6.2, Establishing Residential Densities Within the Range, of Chapter 1, Land Use Element of the City's General Plan, provides sufficient exceptional and extraordinary benefits to the residents of the City, sufficient to permit an increase in densities above the midpoint of the overall range of densities for the EastLake Greens SPA, which is "LM" or 4.5 dwelling units per acre, the Council does find and determine that, by virtue of having increased General Plan density as they relate to parcel R-26 of the Tentative Map by the adoption of this resolution sufficient to permit affordable housing to be built, that Condition No. 44 of the Tentative Map is therefore no longer deferred, and declares that Condition No. 44 requiring an affordable housing program for the entire Tentative Map area remains in full force and effect without deferral and shall be applicable to the approval of the next or subsequent Final Maps. Council is resolved however that for final maps applied for in the short term (approximately I year), such affordable housing requirements may be met by entering into a binding agreement with the City by which Developer shall agree to meet subsequently imposed affordable housing requirements on remaining area of the Tentative Map, and the lots included in such final map shall be included in determining the number of such affordable housing units. XIV. Resolve to Create Ad Hoc EastLake Affordable Housing Task Force. City Council hereby resolves to consider creating an Ad Hoc EastLake Affordable Housing Task Force ("Task Force") for the express purpose of creating an affordable housing implementation program for the entire Planned Community of EastLake I, II, III and the Land Swap Parcels as shown on Attachment I ("Task Force Territory"). A. Establish Objectives of Task Force. It is the intention of the Council that the Task Force provide recommendations for Council consideration and possible adoption, for the timing and locations of low and moderate income housing units required, pursuant to City of Chula Vista Housing Element policies, for the Task Force Territory. B. Timing Considerations for Task Force Recommendations. The Council requests that the Task Force return with their recommendations by July, 1994, but not later than October, 1994. C. Composition of the Task Force. The City Council shall appoint the Task Force members, which shall be selected from at least one representative of the following: (1) Resident of EastLake, (2) EastLake Development Company, (3) City of Chula Vista Planning Commission, (4) Individual versed and Resolution No. 17309 Page 7 knowledgeable in the requirements and feasibility of providing affordable housing, and (5) City of Chula Vista staff. XV. Resolve to Consider Community Purpose Facility Zone in Planned Community Regulations. City Council hereby resolves, for the sole benefit of itself, to consider creating a Community Purpose Facility Zone in the Planned Community Regulations applicable to land shown in that portion of Attachment A containing a land use designation of "MH" in Subarea I ("MH Portion of Subarea 1"} at the time the Council adopts Planned Community Regulations, which is expected to be at the time the Council approves either the General Development Plan or the Sectional Planning Area Plan. A. Council to Consider Permitting Transfer of Density. On the condition that Council approves a Community Purpose Facility zone with the permission of the Owner in MH Portion of Subarea I, Council is resolved, for its own benefit only, to increase a comparable amount of residential units displaced by such Community Purpose Facility zoned area within other Community Purpose Facility sites and/or areas within EastLake. XVI. Resolve to Consider the Submittal of a Consolidated EastLake General Development Plan. Robert A. Leiter Director of Planning The Council hereby resolves that, if the Developer prepares and submits for Council consideration, prior to the end of 1994, a consolidated EastLake General Development Plan for the entire EastLake community, Council shall consider adoption of same. However, said consolidate GDP should consolidate existing General Development Plan approvals, and include the final land use designation proposal for the MH Portion of Subarea I (recognizing any modification for any Community Purpose Facilities as Developer may propose), the location of transferred units (pursuant to action taken under the resolve of Section XIII.A above), if any, and should not propose to increase or decrease densities above or below previously approved density ranges for EastLake. Nothing herein is intended to vest EastLake with any rights to density ranges previously approved in the General Development Plans for the East~Lake community. Presented by ~/t~ ' :' USr.ce Soogaard City Attorney .\ Resolution No. 17309 Page 8 ATfACHM_E.N'f A Resolution No. 17309 Page 9 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None c~x~Tim Nader,'~~a'~or ATTEST: Vicki C. Soderquist, ~ty City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17309 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. V~i~i C. Sod(rqui~t, ~City Clerk