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HomeMy WebLinkAboutReso 1992-16900 RESOLUTION NO. 16900 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR 92-02) FOR THE RANCHO DEL REY COMMERCIAL CENTER PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA AFFECTING THE AREA OF THE RANCHO DEL REY COMMERCIAL CENTER; AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA I) PLAN-BUSINESS CENTER, INCLUDING DESIGN GUIDELINES; APPROVING TWO TENTATIVE SUBDIVISION MAPS (CHULA VISTA TRACT NOS. 92-05 AND 93- 01) AFFECTING THE COMMERCIAL CENTER; APPROVING THE COMMERCIAL CENTER AIR QUALITY IMPROVEMENT PLAN; APPROVING THE COMMERCIAL CENTER WATER CONSERVATION PLAN; APPROVING A COMMERCIAL CENTER AMENDMENT TO THE RANCHO DEL REY SPAS I, II & III PUBLIC FACILITIES FINANCING PLAN; APPROVING A STREET NAME CHANGE; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE SUBDIVISION MAP ACT, OUR ZONING CODE INCLUDING THE GROWTH MANAGEMENT ORDINANCE; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS I. Recitals A. Notebook. WHEREAS, this resolution makes reference to a three ring notebook ("Notebook") which is entitled "Rancho Del Rey Commercial Center Project" and is dated October, 1992 ("Notebook"), known as document number C092-179, the original is on file in the office of the City Clerk, which Notebook contains various documents in clearly marked and tabbed sections ("Section(s)") which will be referenced herein by the notation "Notebook Section "; and, B. Project Site. WHEREAS, the area of land which is subject of this resolution is diagrammatically present as Attachment D, attached hereto and incorporated herein by reference; is identified and described on Chula Vista Tracts 88-2 as Lots 1 through 24, inclusive; is commonly known as Rancho del Rey Business (amended hereby to be referred to as the "Commercial") Center; and for the purpose of general description herein consists of approximately 55 acres located within the existing Rancho del Rey Employment Park which Park is located north of East "H" Street, approximately one and one-half miles east of Interstate 805 and one mile west of Otay Lakes Road and bordered on the north by a branch of Rice Canyon ("Project Site"); and, Resolution No. 16900 Page 2 C. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Rancho del Rey Part- nership ("Developer") has applied to the City for approval of the following project ("Project"): to change the land use plan and various associated entitlements for the Project Site from employment park to a commercial center in order to accommodate three large discount retail users and unspecified commercial supporting uses all of which is more specifically described in Section 2.0 "Project Description" of the document entitled "Final Supplemental Environmental Impact Report Ranch del Rey Commercial Center" (FSEIR 92-02) prepared by Robert Bein, William Frost & Associates (RBF) and dated October 5, 1992 ("FSEIR") (Reference to "Project" herein references the project description contained in the FSEIR and which takes precedent to any inconsistencies with other descriptions or reference to the project herein contained.); and, D. Current Plan Approvals. 1. Public Facilities Financing Plan. WHEREAS, on December 15, 1987, the City Council, by Resolution No. 13392, adopted the Rancho de1Rey SPAS I, II and III Public Facilities Financing Plan ("Original PFFP"), and thereafter in July, 1989, first amended said Original PFFP by Resolution No. 15258, and thereafter on January 15, 1991, second amended said Original PFFP by Resolution No. 15993; and as so amended is replicated in Notebook Section 7, and entitled "City of Chula Vista Rancho del Rey SPAs I, II, &III Public Facilities Financing Plan, October 1987, Amended July 1989, with Amendments as Adopted by City Council on January 15, 1991" ("Compiled Existing RDR PFFP"). E. Current Entitlements. 1. General Development Plan Level; Specific Plan. WHEREAS, the City of Chula Vista City Council on August 8, 1978 (Ordinance No. 1824} has given approval to the E1 Rancho del Rey Specific Plan creating a planned community. Ordinance No. 1824 was amended by the City Council on November 12, 1985 by Ordinance No. 2130 ("Current Specific Plan"); and, 2. SPA I Plan. WHEREAS, the City Council on December 15, 1987 by ' Resolution No. 13390 has previously given approval for the Rancho del Rey Sectional Planning Area I Plan by Resolution 13391, which was amended by Resolution No. 15763 on August Resolution No. 16900 Page 3 7, 1990, Ordinance 2487 on November 9, 1991 (community purpose facilities), and by Ordinance 2501 on April 22, 1992 (design guidelines for signs in employment park) ("Current SPA I Plan"); and, 3. PC District Regulations. WHEREAS, the City Council of Chula Vista adopted Planned Community District Regulations by Ordinance No. 2244 on December 15, 1987, amended by Ordinance 2487 on November 9, 1991 (community purpose facilities), and by Ordinance 2501 on April 22, 1992 (design guidelines for sins in employment park) ("Current PC District Regulations"t; and, 4. Design Guidelines. WHEREAS, the City Council of Chula Vista adopted E1Rancho del Rey Employment Park Design Guidelines by Resolution No. 13443 on February 2, 1988, amended by Ordinance No. 2244 on December 15, 1987, and by Ordinance 2501 on April 22, 1992 (design guidelines for signs in employment park) ("Current Design Guidelines"); and, 5. Subdivision. WHEREAS, the City Council approved Chula Vista Tract 88-2 by Resolution 13444 on February 2, 1988, subdividing an approximate 84.5 acres of land into 39 lots which included the 24 lots in current area of the Project Site; and, F. Applications for New Entitlements. 1. Land Use Matters. WHEREAS, on July 8, 1992, the Developer filed applications for General Plan amendment, amendment of the E1Rancho Del Rey Specific Plan, amendment of the Business Center area of the E1Rancho Del Rey Sectional Planning Area I, including Design Guidelines for the Commercial Center area for the new Business Center ("Business Center Design Guidelines"), amendment of the Planned Community District Regulations for the E1 Rancho Del Rey Employment Park (now referred to as Business Center); and in conjunction therewith needs to obtain approval of the City Council of the Commercial Center Air Quality Improvement Plan; the Commercial Center Water Conservation Plan; and the Commercial Center amendment of the Rancho Del Rey Spas I, II &III Public Facilities Financing Plan and a Development Agreement (all of which may jointly be referred to herein as "Entitlement Applications"); and, Resolution No. 16900 Page 4 2. Subdivision Maps. WHEREAS, the Developer filed two duly verified applications for resubdivision of portions of the Project Site in the form of tentative subdivision maps known as Rancho del Rey Business Center, Chula Vista Tracts No. 92-05 ("West End Subdivision Application") on June 21, 1992 for resubdivision of 21.85 acres, and No. 93-01 ("East End Subdivision Application") on August 17, 1992 for resubdivision of 37.58 acres ("Subdivision Applications", jointly), with the City of Chula Vista; and, G. Planning Commission Record on Applications. WHEREAS, a public hearing on the Entitlement Applications and Subdivision Applications was duly noticed before the Planning Commission at the meeting of October 14, 1992, and at that time the meeting was continued to October 19, 28, and November 18, 1992; and, WHEREAS, the Planning Commission, at a public hearing held on November 18, 1992 considered the Entitlement Applications and Subdivision Applications, took evidence as set forth in the record of its proceedings which and are incorporated herein by reference as if they were set forth in full, made certain findings as set forth in their Recommending Resolution PCM-92-16, and recommended to the City Council the approval of said Entitlement Applications and Subdivision Applications based on certain terms and conditions; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 24, 1992 on the Entitlement and Subdivision Applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, H. Entitlements Ordinance. WHEREAS, at the City Council meeting of November 24, 1992, the City Council of the City of Chula Vista placed on first reading an ordinance, Ordinance No. 2535 by which they amended the RDR Specific Plan, the Current PC District Regulations, and adopted the Development Agreement; among other things ("Entitlements Ordinance"); NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista 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 hearing on the Draft SEIR, held on September Resolution No. 16900 Page 5 9, 1992 and their public hearing on this Project held on November 18, 1992, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FSEIR Contents. The FSEIR consists of the following: A. "Final Supplemental Environmental Impact Report - Ranch del Rey Commercial Center" (EIR 92-02) prepared by Robert Bein, William Frost & Associates (RBF) and dated October 5, 1992 SCH No. 92051032, which contains the Draft Supplemental Environmental Impact Report ("DSEIR") distributed date July 21, 1992, revised to reflect responses made to comments on the DSEIR, and the comments and responses to the DSEIR; and, B. Appendices (A through D) to Final Supplemental Environmental Impact Report. C. Technical studies and information incorporated in the responses to comment. IV. FSEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FSEIR 92-02, the environmental impacts therein identified for this Project; the Candidate CEQA Findings, Attachment A, known as document number C092-180, a copy of which is on file in the office of the City Clerk, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program, Attachment B, known as document number C092-181, a copy of which is on file in the office of the City Clerk, and the Statement of Overriding Considerations, Attachment C, known as document number C092-182, a copy of which is on file in the office of the City Clerk, prior to approving the Project. V. Certification of Compliance with CEQA. The City Council does hereby find that FSEIR 92-2, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations are 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. VI. Independent Judgement of City Council. The City Council finds that the FSEIR reflects the independent judgemerit of the City of Chula Vista City Council. Resolution No. 16900 Page 6 VII. Conditional Approval of General Plan Amendment. The Chula Vista General Plan Land Use and Circulation Diagram is amended as follows: The land use category for the Project Site is hereby changed from Research and Limited Industrial to Retail Commercial subject to the following General Conditions hereinbelow provided. VIII. Conditional Approval of (New) SPA I Plan Amendment, including Business Center Design Guidelines. The Current SPA I Plan is hereby amended and the contents of Notebook Section 4 ("Rancho del Rey SPA I Sectional Plan Area (SPA) Plan") constitute the sectional planning area plan for the 822.3 acres of land shown on Exhibit 2 ("Proposed General Development Plan"} to Notebook Section 4, and the contents of Notebook Section 6 ("Business Center Design Guidelines") constitute the Design Guidelines for the new Business Center portion of the Project, subject to the General Conditions hereinbelow set forth {"Amended {New) RDR SPA I Plan"). IX. Conditional Approval of Chula Vista Tract 92-05 Tentative Map. Chula Vista Tract 92-05 Tentative Map is hereby approved subject to the following conditions, and on occurrence of the following conditions, the City will approve and authorize the recording of the Final Map for the territory covered by said Tentative Map (Unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the First Final Map. Unless otherwise speci lied, "dedicate" means grant the appropriate easement, rather than fee title): The Developer shall: General Conditions A. Comply with the General Conditions hereinbelow stated. B. Comply with the requirements of the revised Eastern Chula Vista Transportation Phasing Plan and the Transportation Development Impact Fee Program as said documents may be revised based on the conclusions of the H.N.T.B State Route 125 financing study, except as may be modified by the Development and/or Implementing agreement. Streets C. Guarantee and construct public improvements and utilities shown on the Tentative Map within the subdivision boundary. Said improvements shall include, but not be limited to sewer, water Resolution No. 16900 Page 7 facilities, drainage facilities, relocation of street lights, signs, and fire hydrants. D. Guarantee and construct to the satisfaction of the City Engineer traffic signals at the intersections as follow: 1. Paseo del Rey and East "H" Street 2. Paseo del Rey and Plaza Court E. Guarantee and construct the following offsite street improvements: East "H" Street/Paseo del ReV: Add second northbound exclusive left turn lane, add northbound exclusive right turn lane, add westbound exclusive right turn lane, add second southbound exclusive left turn lane, add second southbound through lane, and add one eastbound exclusive right turn lane. Retaining wall shall be incorporated into the design of improvements that require roadway widening. Obtain and dedicate all offsite right-of-way necessary for said improvements. F. Provide decorative concrete paving, signing or other improvements required by the City Engineer to identify the boundary between the public and private roadway at the entrance to the proposed development on Plaza Court. All decorative concrete paving shall be placed on private property. G. Investigate the adequacy of existing structural pavement sections on East "H" Street, Paseo del Rey and Plaza Court impacted by the proposed development. The investigation shall include recommendations with supporting calculations to assure that existing structural sections or any modifications thereof will be satisfactory for the increase and type of traffic associated with the proposed development. The developer shall redesign and construct said streets as required by the City Engineer. H. Widen East "H" Street to the satisfaction of the City Engineer and install transit amenities for a safe bus stop on both the north and south side of East "H" Street at the signalized intersection with Paseo del Rey. I. Abandon those portions of Plaza Court and open space access easement shown on the Tentative Map to be vacated pursuant to Section 66499.20 1/2 of the Subdivision Map Act. J. Salvage all existing street light standards and luminaires on the public streets to be abandoned. All street light standards and luminaires to be delivered to the City of Chula Vista, 700 F Street, Signals and Street Lights maintenance division. All existing pullboxes in an unpaved area shall be salvaged and delivered to the City. Resolution No. 16900 Page 8 Sewers K. Provide a paved access road with a minimum width of 12 feet to all public sanitary sewer manholes. The roadway shall be designed for a H-20 wheel load or other loading approved by the City Engineer. Gradinq and Drainaqe L. Comply with all provisions of the NPDES in effect prior to approval of a grading plan. An erosion and sedimentation control plan is required as part of said plans. Agreements Enter into a Supplemental Subdivision Agreement(s) to: M. Hold the City harmless from any liability for erosion, siltation, or increased flow of drainage resulting from this project. N. Authorize the City to withhold building permits for any unit in the subject subdivision, or other property within Rancho del Rey SPA III, as may be agreed to by the City and developer, if any one of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. 3. All public facilities required by the Compiled RDR PFFP as amended by the Commercial Center Amendment herewith approved or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista, have not been completed or constructed to the satisfaction of the City. 4. If ongoing transportation studies (the final HNTB SR-125 Financing Study, the update to the East Chula Vista Transportation Phasing Plan, and the Revised Development Forecast) as adopted by the City, indicate that there is insufficient capacity in the system for all currently approved and anticipated development projects. (These studies are anticipated to be completed by February, 1993.) O. Defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annual any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision, on the condition that City shall promptly notify the subdivider of any claim, action or proceeding and on Resolution No. 16900 Page 9 the further condition that the City fully cooperates in the defense. P. Insure that all franchised cable television companies have equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. However, developer shall restrict access to the conduit to only those franchise cable television company{ies) who are and remain in compliance with all of the terms and conditions of the franchise and are in further compliance with all other rules, regulation, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time, be issued by the City of Chula Vista. Said agreement shall be approved by the City Attorney prior to final map approval. Miscellaneous Q. Tie the boundary of the subdivision to the California Coordinate System - Zone VI (NAD '83) or as determined by the City Engineer. R. Comply with all relevant Federal, State and Local regulations, including the Clean Water Act. Provide all required testing and documentation to demonstrate said compliance as required by the City Engineer. S. Provide the City with the Final Map in a digital format such as (DXF) graphic file. This Computer Aided Design (CAD) copy of the Final Map shall be based on accurate coordinate geometry calculations and shall be submitted in duplicate on 5-1/2" HD floppy disk prior to Final Map approval. T. Include provisions in the Declaration of Covenants, Conditions and Restrictions assuring maintenance of private facilities including the private street, and drainage systems. Name the City of Chula Vista as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. U. Amend the open space diagrams to reflect changes to the open space lots within district 20. Deposit $2,000 with the City to cover staff costs associated with any adjustment to the open space district. Pay the full cost of said adjustment. V. Deposit a total of $120.00 (3 lots x $40/1ot) to cover the cost of reapportionment. Property is in Assessment Districts 87-1 and 88-2. W. Notify the City at least 60 days prior to consideration of the Final Map by the City if offsite right of way cannot be obtained as required by the Conditions of Approval. (Only offsite right of way or easements affected by Section 66462.5 Subdivision Map Act are covered by this condition). Resolution No. 16900 Page 10 After said notification: 1. Pay the full cost of acquiring offsite right of way or easements required by the Conditions of approval of the Tentative Map. 2. Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. 3. Have all easement and/or right of way documents and plats prepared and appraisals completed which are necessary to commence condemnation proceedings. 4. If the developer so requests, the City may use its powers to acquire right of way, easements or licenses needed for offsite improvements or work related to the tentative map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of 1, 2 and 3 above shall be accomplished prior to approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. Code Requirements X. Underground all utilities within the subdivision in accordance with Municipal Code requirements. Y. Pay all applicable fees, including, but not limited to, the following fees: 1. All appropriate sewer fees, including but not limited to Sewer Connection Fees, prior to issuance of building permits. 2. Public Facilities Development Impact Fees prior to issuance of building permits. The amount of said fees to be paid shall be that in effect at the time of issuance of building permits. Z. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of with Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. X. Conditional Approval of Chula Vista Tract 93-01 Tentative Map. Resolution No. 16900 Page 11 Chula Vista Tract 93-01 Tentative Map is hereby approved subject to the following conditions, and on occurrence of the following conditions, the City will approve and authorize the recording of the Final Map for the terri tory covered by said Tentative Map (Unless otherwise specified, all Conditions and Code Requirements shall be fully completed to the City's satisfaction prior to the approval of the First Final Map. Unless otherwise speci fled, "dedicate" means grant the appropriate easement, rather than fee title): The Developer shall: General Conditions A. Comply with the General Conditions hereinbelow stated. B. Comply with the requirements of the revised Eastern Chula Vista Transportation Phasing Plan and the Transportation Development Impact Fee Program as said documents may be revised based on the conclusions of the H.N.T.B State Route 125 financing study, except as may be modified by the Development and/or Implementing agreement. Streets C. Guarantee the installation of a partial traffic signal at East H Street and Avila Way to provide dual eastbound left turn lanes into the Iroject. Left turns out of the project (southbound to eastbound are denied. Widen the south side of East H Street as required to provide for dual left turn into the project. Said dual lanes will require a 28 foot wide median. The design of said intersection shall be to the satisfaction of the City Engineer. D. Guarantee and construct to the satisfaction of the City Engineer traffic signals at the intersections as follows: 1. Paseo del Rey and East "H" Street 2. Avila Way and East "H" Street 3. Paseo del Rey and Plaza Court 4. Tierra del Rey and the entrance to Lot 3 E. Provide decorative concrete paving, signing or other improvements required by the City Engineer to identify the boundary between the public and private roadway at the entrances to the proposed development on Avila Way and Paseo del Rey. All decorative concrete paving shall be placed on private property. F. Investigate the adequacy of existing structural pavement sections on East "H" Street, Paseo del Rey and Tierra del Rey, impacted by the proposed development. Include recommendations with supporting calculations to assure that existing structural sections or any modifications thereof will be satisfactory for the increase and type of traffic associated with the proposed Resolution No. 16900 Page 12 development. Provide any redesign and construction of said streets required by the City Engineer. G. Widen East "H" Street to the satisfaction of the City Engineer and install transit amenities for a safe bus stop on both the north and south side of East "H" Street at the signalized intersections with Tierra del Rey and Paseo del Rey. H. Guarantee and construct public street improvements and utilities shown on the Tentative Map within the subdivision boundary. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, water utilities, drainage facilities, street lights, signs, and fire hydrants. I. Guarantee and construct the following off-site street improvements: 1. East "H" Street/Paseo del Rev: Add second northbound exclusive left turn lane, add northbound exclusive right turn lane, add westbound exclusive right turn lane, add second southbound exclusive left turn lane, add second southbound through lane, and add one eastbound exclusive right turn lane. Retaining wall shall be incorporated into the design of improvements that require roadway widening. 2. East "H" Street/Tierra del Rev: Add a southbound exclusive right turn lane, add a second southbound exclusive left turn lane, and add a second eastbound exclusive left turn lane. 3. East "H" Street/Avila Way: Widen the south side of East "H" Street as required to provide for dual left turns into the project, provide a 28 foot wide raised median to the satisfaction of the city engineer. Remove existing improvements as necessary. Obtain all off-site right of way necessary for said improvements. J. Abandon those portions of Paseo Del Rey, Avila Way and Tierra del Rey shown on the tentative map to be vacated pursuant to Section 66499.20 1/2 of the Subdivision Map Act. K. Dedicate public right-of-way on the final map as proposed on the tentative map. L. Salvage all existing street light standards and luminaires on the public streets to be vacated. Deliver all street light standards and luminaires to the City of Chula Vista, 700 "F" Street, Signals and Street Lights Maintenance Division. Salvage all - existing pullboxes in unpaved areas and deliver to the City. Resolution No. 16900 Page 13 Sewers M. Provide a paved access road with a minimum width of 12 feet to all public sanitary sewer manholes. Design the roadway for a H- 20 wheel load or other loading subject to the approval of the City Engineer. N. Privately maintain that segment of the sewer system from Manhole #1 to Manhole #15. O. Provide reciprocal private sewer easements and delineate same on the final map subject to the approval of the City Engineer. Gradinq and Drainaqe P. Comply with all provisions of the NPDES in effect prior to approval of a grading plan. An erosion and sedimentation control plan is required as part of said plans. Q. Privately maintain all storm drains serving private property. R. Provide reciprocal private stormdrain easements and delineate on the final map subject to the approval of the City Engineer. Aqreements Enter into a Supplemental Subdivision Agreement(s) to: S. Hold the City harmless from any liability for erosion, siltation, or increased flow of drainage resulting from this project. T. Defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annual any approval by the City, includin9 approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to this subdivision, on the condition that City shall promptly notify the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. U. Insure that all franchised cable television companies have equal opportunity to place conduit to and provide cable television service for each lot within the subdivision. However, developer shall restrict access to the conduit to only those franchise cable television company(ies) who are and remain in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time, be issued by the City of Chula Vista. Said agreement shall be approved by the City Attorney prior to final map approval. Resolution No. 16900 Page 14 V. Authorize the City to withhold building permits for any unit in the subject subdivision, or other property within Rancho del Rey SPA III, as may be agreed to by the City and developer, if any one of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public service, public utilities and/or services exceed the adopted City threshold standards. 3. All public facilities required by the Compiled RDR PFFP as amended by the Commercial Center Amendment herewith approved or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista, have not been completed or constructed to the satisfaction of the City. 4. If ongoing transportation studies (the final HNTB SR-125 Financing Study, the update to the East Chula Vista Transportation Phasing Plan, and the Revised Development Forecast) as adopted by the City, indicate that there is insufficient capacity in the system for all currently approved and anticipated development projects. {These studies are anticipated to be completed by February,1993.) Miscellaneous W. Tie the boundary of the subdivision to the California Coordinate System - Zone VI {NAD '83) or as determined by the City Engineer. X. Comply with all relevant Federal, State and Local regulations, including the Clean Water Act. Provide all required testing and documentation to demonstrate said compliance as required by the City engineer. Y. Provide the City with the Final Map in a digital format such as (DXF} graphic file. This Computer Aided Design {CAD) copy of the Final Map shall be based on accurate coordinate geometry calculations and shall be submitted in duplicate on 5-1/2" HD floppy disk prior to Final Map approval. Z. Include provisions assuring maintenance of private facilities including the private street, sewers and drainage systems in the Declaration of Covenants, Conditions and Restrictions. Name the City of Chula Vista as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. AA. Amend the open space diagrams to reflect changes to the open space lots within District 20. Deposit $2,000 with the City to Resolution No. 16900 Page 15 cover staff costs associated with any adjustment to the open space district. Pay the full cost of said adjustment. AB. Provide all surveying information necessary to determine the exact area of the proposed lots located in each of the Assessment Districts 87-1 and 88-2 prior to Final Map approval. AC. Deposit a total of $520 ($40 x 13 lots) to cover cost of apportionment (Assessment Districts 87-1 and 88-2) prior to Final Map approval. AD. Delineate on the final map private access easements across Lot 1 to be reserved for the benefit of future owners of Lots 2, 4, and 5 pursuant to City Code Section 18.20.150 subject to the approval of the City Engineer. AE. Conform with standard specifications for public works construction where underground utilities are to be abandoned in place. AF. Notify the City at least 60 days prior to consideration of the final map by City if off-site right of way cannot be obtained as required by the Conditions of Approval. (Only offsite right of way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification: 1. Pay the full cost of acquiring offsite right of way or easements required by the Conditions of Approval of the Tentative Map. 2. Deposit with the City the estimated cost of acquiring said right of way or easements. Said estimate to be approved by the City Engineer. 3. Have all easement and/or right of way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. 4. If the developer so requests, the City may use its powers to acquire right of way, easements or licenses needed for offsite improvements or work related to the tentative map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of 1, 2 and 3 above shall be accomplished prior to approval of the Final Map. All off-site requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. Resolution No. 16900 Page 16 Code Requirements AG . Underground all utilities within the subdivision in accordance with Municipal Code requirements. AH. Pay all applicable fees, including, but not limited to, the following fees: 1. All appropriate sewer fees, including but not limited to Sewer Connection Fees, prior to issuance of building permits. 2. Pay Public Facilities Development Impact Fees prior to issuance of building permits. The amount of said fees to be paid shall be that in effect at the time of issuance of building permits. AI. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of subdivisions Map Act and the City of Chula Vista Subdivider ordinances and Subdivision Manual. XI. Conditional Approval of the Commercial Center Amendment to the Rancho del Rey SPAs I, II and III Public Facilities Financing Plan. The City Council does hereby recognize that the Compiled RDR PFFP is the current public facilities financing plan applicable to the territory covered by SPAs I, II and III, immediately prior to amendment adopted by this resolution. The City Council does hereby conditionally approve the amendment to the Compiled RDR PFFP as is shown in Notebook Section 7, prepared as of "10/19/92", and entitled "Commercial Center Amendment to Public Facilities Financing Plan for Rancho Del Rey SPAs I, II, III Last Amended January 15, 1991" ("Commercial Center Amendment to RDR PFFP") subject to the General Conditions hereinbelow provided. The Compiled RDR PFFP, as amended by said Commercial Center Amendment to RDR PFFP, shall hereafter constitute the current public facilities financing plan for Rancho del Rey SPAs I, II and III. XII. Conditional Approval of the Air Quality Improvement Plan. The City Council does hereby approve and adopt as the air quality plan for the Rancho Del Rey Commercial Center the plan shown in Notebook Section 8 ("Air Quality Improvement Plan, Rancho Del Rey SPA I, Commercial Center") dated September 21, 1992 on the following General Conditions. XIII. Conditional Approval of the Water Conservation Plan. The City Council does hereby approve and adopt as the water conservation plan for the Rancho Del Rey Commercial Center the plan Resolution No. 16900 Page 17 shown in Notebook Section 9 ("Water Conservation Plan, Rancho Del Rey SPA I, Commercial Center") dated September 21, 1992 on the following General Conditions. XIV. General Conditions of Approval. The approval of the foregoing Entitlements which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. Project Site is Improved with Project. Developer, or their successors in interest, shall improve the Project Site with the Project as described in the FSEIR, except as modified by this Resolution. B. Entitlements Ordinance Becomes Effective. The Entitlemerits Ordinance, including the Development Agreement, is introduced, adopted and becomes effective. C. Development and one Implementation Agreements Reached. 1. No building permits shall be issued on the Project Site until the Development Agreement approved by the Entitlements Ordinance has been executed by all parties thereto, or a Development Agreement as to the position of the Project Site excluded from said Development Agreement has been executed by all parties thereto, and at least one Agreement between City and Major Retailer ("Implementation Agreement"), as contemplated by either Developer Agreement has been executed by the City and said Major Retailer in a form acceptable to the City, and approved by the City Council. No building permits shall be issued on any portion of the Project Site to which an Implementation Agreement is applicable (Majors A, B, and C) until said Implementation Agreement, in a form acceptable to the City has been executed by the parties thereto. 2. Majors A, B, and C will be required to provide exterior uniformed security personnel, condition acceptable to the applicant and the City Manager. D. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the FSEIR that are found by this resolution to be feasible. E. Implement the Mitigation Reporting and Monitoring Program Developer shall implement, or cause the implementation of, the Rancho Del Rey Business Center Mitigation Monitoring and Reporting Resolution No. 16900 Page 18 Program, Attachment B, known as document number C092-181, a copy of which is on file in the office of the City Clerk. F. Implement the Public Facilities Financing Plan. Developer shall implement, or cause the implementation of, the Compiled RDR PFFP as amended by the Commercial Center Amendment herewith approved or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista, and no occupancy of any improvements shall occur, and no certificates of occupancy shall be applied for or issued, until all public facilities required by said Commercial Center Amendment have been completed. In addition, the sequence that improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the final HNTB SR-125 Financing Study adopted by the City. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. G. Implement the Air Quality Improvement Plan. Developer shall implement, or cause the implementation of, the approved Air Quality Improvement Plan herewith approved, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. No occupancy of any improvements shall occur, and no certificates of occupancy {COs} shall be applied for or issued, until all portions of said plan capable of completion (in the judgment of the City Manager} prior to issuance of COs have been completed. H. Implement the Water Conservation Plan. Developer shall implement, or cause the implementation of, the approved Water Conservation Plan herewith approved, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. No occupancy of any improvements shall occur, and no certificates of occupancy (COs} shall be applied for or issued, until all portions of said plan capable of completion {in the judgment of the City Manager} prior to issuance of COs have been completed. XV. 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 Resolution No. 16900 Page 19 prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XVI. Findings re Consistency with the General Plan. The City Council hereby finds that the Project, including but not limited to the adoption of the General Plan Amendment, the Amended (New) RDR SPA I Plan, the Maps, the Compiled RDR PFFP, as amended by said Commercial Center Amendment to RDR PFFP, the Air Quality Improvement Plan and the Water Conservation Plan, is and will be consistent with the general plan as amended by this Resolution based on the following: Land Use The proposed subdivisions are in substantial conformance with current and amended General Plan and E1Rancho del Rey Specific Plan and meets the development regulations prescribed in the Planned Community District Regulations. Circulation The street improvements serving the subject site were completed as part of the Rancho Del Rey SPA I Requirements. However, the existing Employment Park internal circulation system is proposed to be changed substantially except for the main access points which are proposed to remain the same. All new on and off site public road improvements will be installed in accordance with the Rancho Del Rey Public Facilities Financing Plan and Rancho Del Rey SPA Plan and will contribute towards the various regional facilities in compliance with the Chula Vista General Plan. Conservation The subject site is at present in a disturbed condition and, although minor adjustments to the northerly and southerly adjacent open space lots are proposed, the overall open space component of the Rancho Del Rey Planned community would not be affected. Housinq Element The Rancho del Rey Spa I Plan provides for a mixture of housing types for a wide spectrum of income levels. The proposed subdivision will not alter the housing component of the community. Consequently, housing is not an issue with this subdivision. Parks And Recreation Although the subdivisions includes a land swap of 0.43 open space acres ~n various locations, the overall open space acreage parks and all other amenities will remain the same. Resolution No. 16900 Page 20 Seismic And Safety Element The site is considered to be located in a seismically active area with no known active faults on or adjacent to the property. The Nearest major active fault is identified as the Coronado Banks Fault located approximately 20 miles to the west. Several branches of the potentially active La Nacion Fault cross the subject site, however seismic risk was judged in previous environmental documents to be low with specific mitigation measures identified in the environmental document taken into consideration with design of the subdivision maps. Other mitigations relating to slope stability and technical requirements dealing with fill slopes will be incorporated in the grading of the project. Scenic Hiqhwav Element Manufactured slopes adjacent to East H Street are already planted and will be replanted as required to repair any damage caused by the grading work. The new planting and methods of repair would be subject to the city's Landscape Architect and shall conform to the Landscape Manual and development regulations adopted for the Rancho del Rey Employment Park. Noise The EIR prepared for the original Employment Park stated that the project was subject to noise levels of 74 dBA CNEL which is an acceptable noise level for industrial type projects. The proposed commercial development will experience slightly higher noise level due to the increase in traffic and the typical commercial activities. However, no significant impacts have been identified. Safety The project area is currently served by two officers with two cars per shift. The response time is four minutes which is well within the Growth Management Program threshold standard of 7 minutes. No change in level of service is expected with the new project. The EIR prepared for this project identifies the design of the forthcoming structures as a potential impact on the officer's ability to provide law enforcement. However adequate lighting and well situated address signs are recommended to mitigate this ConCern. The project site is within the service area of fire station No. 4 located at 8610tay Lakes Road and fire station No. 2 Located at 80 East "j" Street. The response time from either of the two stations is six minutes or less. In addition, both stations are equipped with emergency medical technicians. The current level of service meets the City's Growth Management threshold standards for fire stations which requires that stations be staffed with and adequately Resolution No. Z6900 Page 21 equipped with medical units and a 7 minute emergency response in at least 854 of the cases. Bicycle Routes East "H" Street has been designed to accommodate bicycle movements and provide links to various commercial centers and schools located to the east and west, as well as the various parks within the planned community. East "H" is identified on the bicycle routes element of the General Plan as a major bicycle link . Public Buildinqs No public buildings are proposed for the project site. XVII. Findings regarding Adoption of Amended {New) RDR SPA I Plan. With regard to the adoption of the Amended {New) RDR SPA I Plan, the City Council makes the following findings: A. Conformity with Specific Plan. The Amended {New} RDR SPA I Plan is in conformity with the Amended {New) RDR SP, as same is enacted by the Entitlements Ordinance, and the Chula Vista General Plan as hereby amended. The particular stores being considered for the Commercial Center fill special niches in the retail market and have demonstrated substantial success in attracting shoppers. This new commercial center will provide a more convenient and diversified shopping area for the eastern City's residents whom presently drive to western Chula Vista or centers outside the City for the services and commodities offered by the Proposed Commercial Center major stores. An economic impact analysis of the proposed Commercial Center was prepared to evaluate the impact upon existing retail establishments and project the potential sales tax revenues to the City.The study concluded that the Commercial Center, as proposed, would not adversely affect any existing business to the point where there would be blighted conditions through economic dislocation, deterioration, or disuse, and that the project is expected to have an overall positive increased Fiscal Impact over what would be expected if the area were to build out with industrial uses. B. Orderly Sequentialized Development. The Amended {New} RDR SPA I Plan will promote the orderly sequentialized development of the involved sectional planning area. Resolution No. 16900 Page 22 The Rancho Del Rey SPA I Plan Commercial Center Amendment, Rancho del Rey Public Facilities Financing Plan, Rancho del Rey SPA I Plan Planned Community District Regulations, Rancho del Rey Business Center Design Guidelines, Rancho del Rey Commercial Air Quality Improvement and Water Conservation Plan contain provisions and requirements to ensure the orderly, phased development of the project. In addition, conditions of approval associated with the Tentative Maps for the Business Center, along with agreements contained in the Development Agreement, will further ensure that the necessary public facilities and infrastructure will be in place to support this project. C. Suitability of Proposed Streets to Handle Traffic. The streets and thoroughfare proposed are suitable and adequate to carry the anticipated traffic thereon. The Final Supplemental Environmental Impact Report contains a traffic analysis of the proposed amendment prepared in accordance with the proposed land uses and circulation element of the Chula Vista General Plan. The resulting analysis indicates that, subject to the conditions imposed by this resolution, the existing streets and proposed improvements thereto will be adequate to carry the anticipated traffic. The project will build, or provide funding for, street modifications on and off-site to carry the anticipated traffic in accordance with the City's threshold criteria. D. Suitability for Commercial Development. Any proposed commercial development can be justified economically at the location(s) proposed and will provide adequate commercial facilities of the types needed at such proposed location(s). The amount, type and location of this commercial development will be adequate to serve sub-regional as well as neighborhood needs of nearby residential uses. E. No Adverse Impact on Adjacent Land Use, Residential Enjoyment, or Circulation. The Amended (New) RDR SPA I Plan will not adversely affect adjacent land use, residential enjoyment, or circulation. The project represents an increase in activity with a reduction in total building coverage and modified configuration. Impacts on adjacent land uses and existing streets will be avoided through the provision of mitigation measures specified in the Final Supplemental Environmental Impact Report for the proposed amendment. Among the recommended mitigations are increased intersection Resolution No. 16900 Page 23 geometrics and street widening where appropriate. Implementation of the new Business Center Design Guidelines will assure that quality development with high aesthetics and functional standards will be constructed. XVIII. Findings for Tentative Maps (92-05 and g3-01) The Council makes the following findings applicable to Chula Vista Tract 92-05 Tentative Map and Chula Vista Tract 93-01 Tentative Map {"Maps"): A. Balance of Housing Needs and Public Service Needs. Pursuant to Section 66412.3 of the Government Code {Subdivision Map Act), the Council certifies that, in approving the Maps, it has considered the effect of these Maps on the housing needs of the region in which Chula Vista is situated and has balanced those needs against the public service needs of the residents of the City and against the available fiscal and environmental resources. B. Opportunities for Natural Heating and Cooling Incorporated. Pursuant to Section 66473.1 of the Government Code (Subdivision Map Act), the Council does hereby find that the Maps provides to the extent feasible for future passive or natural heating and cooling opportunities by virtue of their lot sizes and configurations, orientation and topography. C. Maps Consistent with the General Plan and Amended (New) RDR SP. Pursuant to Section 66473.5 and 66474 (a) and (b) of the Government Code (Subdivision Map Act), the City Council hereby finds that the proposed maps, together with the provisions for their design and improvement, is and will be consistent with the general plan and the Amended (New) RDR SP as adopted by the Entitlements Ordinance based on the following: 1. The sites are physically suitable for the commercial development and the proposal conforms to all standards established by the City for such projects. 2. Although the proposed subdivision includes the vacation of some of the existing streets, all necessary improvements, street, sewer, water, etc., will be redesigned and rebuilt to fit the new land configuration as part of this subdivision. 3. The project is in substantial conformance with the Chula Vista General Plan as amended herein, based on the Findings set forth in Paragraph XVI. Resolution No. 16900 Page 24 D. Physical Suitability of Site. Pursuant to Section 66474 (c) of the Government Code {Subdivision Map Act}, the Council hereby finds that the site is physically suitable for large and small user commercial retail development. E. Physical Suitability for Proposed Density of Development. Pursuant to Section 66474 (d) of the Government Code {Subdivision Map Act), the Council hereby finds that the site is physically suitable for the proposed density of development. F. No Substantial Environmental Damage. Pursuant to Section 66474 (e) of the Government Code {Subdivision Map Act), the Council hereby finds that the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. G. No Serious Public Health Problems. Pursuant to Section 66474 (f) of the Government Code (Subdivision Map Act), the Council hereby finds that the design of the subdivision and the type of improvements are not likely to cause serious public health problems. H. No Conflict with Access Easements. Pursuant to Section 66474 (9) and Section 66499.20 1/2 (Merger and Resubdivision) of the Government Code (Subdivision Map Act), the Council hereby finds that the desi9n of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. I. Williamson Act Not Applicable. Pursuant to Section 66474.4 of the Government Code (Subdivision Map Act), the Council hereby finds that land which is the subject matter of said subdivision is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Williamson Act), and that said land did not support any preexisting agricultural use. XIX. Legal Consequence of Recording of Final Map. The filing of the Final Maps shall constitute legal merger and resubdivision of the land affected thereby, and shall constitute abandonment of all streets and easements not shown on the map. Resolution No. 16900 Page 25 XX. Approval of Street Name Change. Pursuant to Chula Vista Municipal Code Section 12.44.010, and upon the recommendation of the Planning Commission, the City Council does hereby change the street name from Plaza Amena to Tierra Del Rey. XXI. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the "Findings of Fact Re Proposed Rancho Del Rey Commercial Center" attached hereto as Attachment A. B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the master EIR for the Rancho del Rey SPA I (EIR-87-01) and the supplemental environmental document {EIR-g2-02} and in the CEQA Findings for this project, Attachment A, a copy of which is on file in the office of the City Clerk, the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described 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, alternatives to the project which were identified as potentially feasible in the EIR were found not to be feasible except the Site Plan Alternative which is hereby rejected because the Project, as mitigated, already reduces the impact on traffic to a level of less than significance. In the discussion of infeasibility of alternatives that in addition and based on evidence introduced at the public hearing the reduced scale alternatives one and two were found to be infeasible because economically, without subsidy provided, it was not likely to be constructed by the private sector. D. Adoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby adopts Mitigation Monitoring and Reporting Program {"Program") set forth in Attachment B, a copy of which is on file in the office of the City Clerk. 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 Resolution No. 16900 Page 26 with the feasible mitigation measures identified in the Findings and the Program. E. 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 if the form set forth in Attachment C, a copy of which is on file in the office of the City Clerk, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. XXII. 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, together with a copy of this resolution, its exhibits, and all resolutions passed by the City Council in connection with this project, is filed with the County Clerk of the County of San Diego. XXIII. 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. XXIV. Combination with other Resolutions Amending the General Plan. To the extent that this Resolution operates to amend the General Plan of the City and is adopted at a meeting of the City Council at which any other resolution is adopted amending the General Plan of the City in any other and additional regards, the adoption of this resolution shall be deemed to be a single act taken in combination with all such other resolution or resolutions amending said General Plan such that the General Plan is considered amended ti~e a/~ s~b~ymeeting~__~ Presented by Ap as to i/orm Robert A. Leiter Director of Planning City Attorney Resolution No. 16900 Page 27 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of November, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Hoore, Rindone NOES: Councilmembers: Nader ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None David L. alcolm M Mayor, Pro-Tempore ATTEST: · ~'¥'. z //t' I' /:" Beverly ~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16900 was duly passed, approved, and adopted by the City Council held on the 24th day of November, 1992. Executed this 24th day of November, 1992. Beverly ~. Authelet, City Clerk