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HomeMy WebLinkAboutReso 2014-208 RESOLUTIO\' ZO1�-208 RESOLUT]ON OF THE CIT1' COUTiCIL OF THE CITY OF CHLiLA \'IST.A APPRO\'II�'G A?�4EI�TDMEt�'TS TO THE CHi1LA VISTA GEI�TER4L PLAI�': OTAl' RANCH GEt�'ERAL DEVELOP?�4ENT PLAi\' (GDP), OTAY RAI�'CH VILLAGES 2, 3 AIvD A PORTION OF VILLAGE 4 SECTIOI�'AL PL.SNI�'ING AREA (SPA) PLAI�', AI�'D ASSOCIATED REGULATORY DOCUMENTS II�'CLUDII�'G A DE\'ELOPMENT AGREEMENT II�' ORDER TO ADD 1.�62 Ui�'ITS AMOI�'G THIRTY-SIX NEIGHBORHOODS AND PLAI�T'II�G AREAS W'ITHII�' VILLAGE 2 LOCATED SOUTH OF OL1'MPIC PARKWAl' AI�iD R'EST OF LA MEDIA ROAD I. RECITALS A. Project Site V�'HEREAS, the area of land that is the subject of this Resolution is diaorammaticall}� represented in Exhibit "A" attached to and incorporated into this Resolution, and commonly l:no�+n as Villaee 2 SPA Amendment ("Projecr'), and for the purpose of general description herein consisu of neazly 326 acres of the approaimate 766 acres located south of Ol}�mpic Pazk�vay and west of La Media Road ("Project Site`); and B. Project: Application for Discretionarv Approvals V�'IIEREAS. a duh� verified application ��as filed �+�ith the City of Chula Vista Development Sen�ices Department on July 9, 2012 by Bald��in and Sons; LLC (`Applicant. Owmer. and De��eloper`) requestine approval of amendments to the General Plan; Otay Ranch General De�elopment Plan (GDP), Otay Ranch Villaee 2, 3 and a Portion of Villaae 4 SPA Plan (VillaQe 2 SPA Plan `) and Otav Ranch Viliage 2 Planned Community District Reeulations and associated regulaton� documents includine a Development Agreement affectine neazl}� 280 acres (`Projecr'); and C. Prior Discretionan�Approvals �'�'HEREAS, development of the Project Site has been the subject matter of various entitlemenu and a�eements, includino: 1) a General Development Plan. SPA Plan and associated Desi� Guidelines, PFFP, WCP, AQIP and Comprehensive Affordable Housine Plan pre��iousl�� approved b}� Cin� Council Resolution I�'o. 2006-1�6 on Mav 23, 2006, amended Cin� Council Resolution I�'o. 2012-009 on Januarv 24, 2012, and City Council Resolution I�'o. 2012-0�6 on April 3. 2012; 2) Planned Community District Reeulations and Land Use Districts Map approved b}� Cin� Council Ordinance \'o. 3036 on June 6. 2006. amended bv Cirv Council Ordinance No. 322� on Febniarv 14, 2012, and amended b�� City Council Ordinance No. 3228 on April 17, 2012; 3) Tentative Subdivision Map (CVT 06-0�) approved b�� City Council Resolution 2006-1�7 on A4a�= 23. 2006; Tentati��e Subdivision Map (CVT 11-02) approved b}� Cin�Council Resolution No. 2012- 010; Tentative Subdivision Map (CVT 11-03) approved by Citv Council Resolution No. 2012-011; Resolution No. 2014-208 Pa�e No. 2 Tentative Subdivision Map (CVT 11-04) approved by Cit}� Council Resolution No. 2012-012: and Tentative Subdivision Map (CVT l l-OS) approved by City Council Resolution No. 2012-013 on Januarv 24. 2012; and Tentative Subdivision Map (CVT 11-0]) approved by Cit}� Council Resolution No. 2012-0�7 on Apri13. 2012; and D. Em�ironmental Determination WHEREAS; the Development Services Director has reviewed the proposed project for compliance ti�ith the California Environmental Quality Act (CEQA) and has determined that the project ma�� have a significant effect on the environment as identified in previous FEIR 02-02: therefore; the City of Chula Vista has prepared a Supplemental Environmental lmpact Report. SEIR-12-01/SCH 2O03091012 pursuant to CEQA 15163; and WHEREAS, the Cin� Council of the City of Chula Vista, having reviewed, anahzed. considered the previously certified Final Em�ironmental Impact Report (FEIR) as revised b}� the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Quality Act, approved and certified a Final SEIR, made certain Findings oF Fact. and adopted a Statement of Overriding Considerations and a Mitigation Monitorine and Reporting Program for the GPA GDPA, SPA Plan amendment, and Teniati��e Maps pursuant to CEQA; by Resolution No. 2014-208; and E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the hearing, together ��-ith 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 boundar}�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 October 8; 2014 and the Planning Commission did not act on the resolution since the Planning made a motion that the City Council reject the project by not making certain findings of fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation Monitoring and Reporting Program and not Certify the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH 2O03091012) for amendments to the General Plan, Otay Ranch General Development Plan, Otay Ranch Villages 2, Three and a portion of Four Sectional Planning Area Plan, four associated Tentative Maps pursuant to the California Environmental Quality Act This motion carried 5-1-0-1; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearinp on the Project held on October 8, 2014, and the minutes and resolution resulting therefrom, aze incorporated into the record of these proceedings; and F. City Council Record of Application WHEREAS, the Cit}� 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 ne��spaper of general circulation in the city and its mailing to property owners within 500 Feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and Resolution tvo. 2014-208 Pase No. 3 R'IIEREAS. the dul}� called and noticed public hearine on the Project �vas held before the Cin Council of the Cin� of Chula Vista on No��ember 4. 201�. in the Council Chambers located in the Chula Vista Ci��ic Center; 276 Fourth A��enue; at 2:00 p.m. to receive the recommendations of the Planning Commission and to heaz public testimon}�w�th reeazd to the same. \O�'. THEREFORE. BE IT RESOLVED b�� the Cim Council of the Cin� of Chula Vista that it find. determine. and resolve as follo�vs: II. CERTIFICATION OF COATPLIA7VCE �i'ITH CEQA The City Council. in the e�ercise of their independent re��ie�ti� and judament, immediateh� prior to this action, havine re��iewed and considered the previousl�� certified Final Em�ironmental Impact Report (FEIR) as re��ised b�� the Final Supplemental Environmental Impact Report (FSEIR 12-01/SCH2O03091012) pursuant to the California Environmental Qualin- Act; adopted the Findinas of Fact, Statement of O��erridine Considerations. and Mitigation Monitorin, and Reporting Program. as presented to as E�hibit '`A" attached hereto and on file in the City Clerk's Office. III. GENERAL PLAN INTERl�'AL CONSISTENCY The Cin- Council herebv finds and determines that the General Plan, as amended. is internallv consistent and shall remain internall�� consistent follo��ne amendments thereof b�� this Resolution. IV. GENERAL DEVELOPME\�T PLAN CONSISTENCI' The Cih� Council herebv finds and determines that the General Development Plan, as amended. is intemall�� consistent and shall remain intemall�� consistent follo��•ine amendments thereof bv this Resolution. � �'. ADOPTION OF GENERAL PLAN AND GENERAL DEVELOPi11ENT PLAi\` A1VIE\'DMENTS In light of the findings abo��e, the General Plan and General De��elopment Plan Amendment provisions are hereb�• appro��ed and adopted in the form as presented in Exhibits "B" and "C" on file in the Cih� Clerk's Office. �'I. GDP/SPA FINDINGS/APPROVAL .A. THE SECTIONAL PLAI�'2�'II�G AREA (SPA) PLAN. AS A1�4ENDED; IS II� CONFORMITY �'ITH THE OTAY RAI�'CH GEI�TERAL DEVELOPMENT PLAI�'. AS AMENDED. A1�TD 7HE CI-IiJL.A VISTA GENERAL PLAI�'. AS AMENDED. Resolution No. 2014-208 Pa�=e No. 4 The current General Plan land use designation for Neighborhoods R-]�b, R-20, R-216 and R-23 is Residential LoN� Medium: for Nei=hborhoods R-4b(a), R-Sb, R-8c, and R-9b is Residential Medium: for Neighborhoods R-17b(a), R-17b(b), and R-19b is Residential Medium High; for Neighborhoods R-4b(b); R-24 and R-2�a is Residential High; and For Neighborhoods R-10a; R-lOb; R-I1, R-12a; R-12b; R-16b, R-27, R-31, MU-1, MU-2, MU-3 and C-1 is Mixed Use Residential. The proposed project is consistent with these land use designation as all densities fall within the prescribed GP ranges for each of these categories. The current Otay Ranch GDP land use designation for Neighborhoods R-156, R-20, R- 21b and R-23 is Low Medium Village Density Residential (LMV); for Neighborhoods R-46(a), R-�b, R-8c; R-9b; R-17b(a) and R-19b is Medium Densiry Residential (M); for Neighborhoods R-4b(b), R-10a, R-]Ob, R-11, R-12a, R-12b, R-16b, R-17b(b), R-24, R-2�a, R-27 and R-.il is High Densiry Residential (H); and for Neighborhoods MU-1, MU-2, MU-3 and Gl is Mixed Use (MU). The proposed project is consistent with these land use designation as all densities fall within the prescribed GDP ranges for each of these categories. The existing implementing zone in the Village 2 Planned Community District Regulations is Single Famil}� 3 (SF3) for Neighborhoods R-20 and R-21b; Single Family 4 (SF4) for Neighborhoods R-8c, R-I Sb and R-23; Residential Multi Family 1 (RM 1) for Neighborhoods R-4b(a), R-�b, R-9b, R-]7b(a) and R-196; Residential Multi Family 2 (RM2) for Neighborhoods R-4b(b), R-10a, R-106; R-1 ], R-12a; R-12b, R-16b, R-176(b), R-24, R-25a, R-27 and R-31; and Mixed Use (MU) for MU-1, MU-2; MU-3 and C-1. All neighborhoods aze consistent with these desienations. The proposed unit increase would not result in any significant land use; planning, or zoning impacts. Though the addition of 1,562 units would increase the densit}� of the village, such an increase furthers the GDP policy objective for "Urban Villages" to have "higher densilies und mixed uses n� lhe i�i(luge cores" and to `p�•ovide a i��ide range qjresrden�iul housing opporiuni�ies...i�hrcla promoles u blend of mu/ti-fumily und single-famr/y housing stJ�(es a�zd derzsities, inlegraled a�ad compulrble i��ith olher lund uses in t17e ui�eu." Of the 1,562 total new units, 1,132 (72%) are located within the village core. The proposed unit increase would also support Smart GroNrth Principles, as it provides compact development oriented to pedestrians, bicyclists and transit, and would further minimize urban sprawl development patterns. The proposed changes would also provide more land use diversiri�, increase pedestrian orientation and make commercia] uses in Vil]age 2 more viable. All off-site public streets required to serve the subdi��ision already esist or will be constructed or funded by the Applicant in accordance with the Supplemental PFFP and Conditions of Approval. The on-site public streets are designed in accordance ���ith the City design standards and/or requirements and pro��ides for vehiculaz and pedestrian connections. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. Resolution No. 2014-208 Pa�e I�ro. � The requested amendments to the Villase 2 SPA Plan rel�� on a combination of the approved Villa�e 2, 3 and Portion of Village 4 Pubiic Facilities Finance Plan (Viliage 2 PFFP) and the ne�a-l�� prepazed \Jillaee 2 SPA Amendment Supplemental PFFP (Supplemental PFFP) to outline infrastrucrure required to serve the entue, previousl}� appro��ed 2;953 unit project and the 1;�62 additional uniu proposed as part of the Villaoe 2 SPA Amendment; alon� N�th the timine of installation and the financing mechanisms to promote the sequential de��elopment of the project. The requested increase of 1.�62 uniu �ill not affect the timeframes oudined in the Supplemental PFFP. Development of the 1.�62 units ��211 occur in an orderlv. sequential manner as part of the overall development of Village 2. C. THE OTAY RANCH VILLAGE 2 SPA PLAN. AS AMEI�TDED. WILL NOT ADVERSELY AFFECT ADJACENT LAI�'D USE. RESIDENTIAL EI�'JOYMENT, CIRCULATIOI�' OR EI`TVIRONMEt�'TAL QUALITl'. The proposed modifications to land use and development standazd provisions «-ithin the Project Site ha��e been fully analyzed and will not adversel�� affect the circulation s}�stem and o��erall land use as pre��iousl}� em•isioned in the Ota}� Ranch General De��elopment Plan and Villaee 2 SPA Plan. The increase of 1.�62 units invoh�ina 280 acres ���ould occur intemallv within the boundaries of the appro�imate 766 acre Village 2 site. The existing infrastructure (se�ver. �rater, public sen�ices and facilities) has been determined to be adequate to sen�e the proposed 1.�62 additional units transfer. as described in the Supplemental PFFP. Additionall��. a R'ater Quality Technical Report; Traffic Impact Studv, Noise Impact Stud}�, Air Qualin� and Global Climate Chanee Report; V�'ater Sen�ice Technical Memo and Se��er Service Technical Memo have been prepazed, re��ie�ved and approved. A Supplemental Environmental Impact Report has been prepared and the Development Services Director has determined that anv impacts associated �aith the proposed amendments have been addressed and the requested amendments to the SPA will not ad��ersely affect the adjacent land uses. residential enjo��nent, circulation or environmental qualin� of the surrounding uses. VIL :+.PPROVAL OF GDP/SPA ,�V1IENDNIENTS Based on the findings above, the City Council appro��es the amendments to the Otav Ranch GDP and \'illaee 2 SPA Plan sho��m in Eahibiu B and C. and Attachment 6 on file in the office of the City Clerk, subject to the conditions set forth belo�i�: l. The Project shall compl�� ���ith all mitieation measures specified in Final Supplemental EIR (FSEIR 12-01), to the satisfaction of the Development Services Director. 2. All the terms. covenants and conditions contained within the "Exhibit B" of the Otav Ranch Villaee 2: 3 and a portion of 4 SPA Plan Resolution 2006-1�6 shall continue to be binding upon and inure to the benefit of the heirs, successors; assigns and representati��es of the Developer as to any or all of the Propem�. 3. .4pplicant shall pro��ide the required affordable housing to the satisfaction of the De��elopment Services Director. 4. Prior to appro��al of building permits for each phase of the Project. the Applicant shall Resolution No. 2014-208 Pace No. 6 demonstrate that the air qualih- control measures outlined in the Otay Ranch Village 2 SPA Plan Air Qualitv Technical Report pertaining to the desi�n, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 60th da�� afrer the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike oud 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 Otay Ranch Village 2 SPA, PC District Regulations, and Village Design Guidelines, for the Village 2 SPA Amendment project shall be incorporated into the final document and approved by the Development Services Director for printing. 6. Prior to the 60th day afrer the Ordinance becomes effecti��e, the Applicant shall submit to the Development Ser��ices Department 10 copies and a CD of the approved amendment to the Otay Ranch Village 2 SPA Plan, and PC District Regulations. VIIL CONSEQUENCE OF FATLURE OF CONDITIONS If any of the forgoing conditions fail to occur; or if they are, by their 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 modif}� al] approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or fiu-ther condition all certificates of occupancy issued under the authority of approvals herein b anted, 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 Ciri� approval of this Resolution. IR. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Cit�� 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, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion; this resolution shall be deemed to be re��oked and no further in force or in eflect ab initio. Presented by Approved as to form by �� � , Kelly G. roughton. LA Glen R:Googins � Director of De��elopment Services Ci'(�Att�mey Resolucion No. 2014-208 Paae No. 7 PASSED. APPROVED, and ADOPTED b�� the Cit�� Council of the Cirv of Chula Vista Califomia. this 4th dav oFNovember 2014 bv the folloN�ine vote: Al'ES: Counciimembers: Aeuilaz. Bensoussan. Salas and Cox N.AYS: Councilmembers: Ramirez ABSENT: Councilmembers: None Chen�l Cox. Ma�� ATTEST: Donna R. I�'orris. C 1 . Cin� Clerk STATE OF CALIFORIvIA ) COLTi�'TY OF SAI�' DIEGO ) CITY OF CHLJLA VISTA ) I. Donna R. Norris. Cim Clerk of Chula Vista. California. do herebvi certifi- that the foreeoina Resolution No. 201�-208 «�as dulv passed; appro��ed. and adopted by the Cin� Council at a reeular meetina of the Chula Vista Cim Council held on the 4th dav of I�'o��ember 2014. Esecuted this 4th dav of I�'o��ember 2014. �� � �� Donna R. Noms. CMC. Cin� Clerk Resolution No. 2014-208 . 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