HomeMy WebLinkAboutReso 2014-234 DOC# 2016-0184002
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` CC' Apr 20, 2016 12:42 PM
LeC� ecording requested OFFICIAL RECORDS
QLi' by: Ernest J. Dronenburg, Jr.,
City of Chula Vista SAN DIEGO COUNTY RECORDER
After recording return FEES: $0.00
to: PAGES: 11
City Clerk's Office
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn:Skieret Iri/1SAs
Fee Exempt-
Gov't Code 6103
This s.ace or Recorder's use only
RESOLUTION N O.20l4--Z3/f
;cy
L
RESOLUTION NO. 2014-234
RESOLliTIOi�' OF THE CITY COUT'CIL OF THE CITY OF
CHUZ.A VISTA APPROVI2vG THE OTAI' RANCH VILLAGE
THREE NORTH AND A PORTION OF FOUR SECTIONAL
PLAI�T�II�'G AREA (SPA) PLAi�' PROPOSII`'G 1,002 SI1`'GLE-
FAI�4ILY DVdELLING LTNITS. �9� MULTI-FAM[L1'
DN'ELLING U1�iITS. APPROaIMATELY 40 GROSS ACRES
OF I?�TDUSTRIAL AI�'D OFFICE USES. AND A n4II�rIMUM OF
20,000 SQUARE FEET OF RETAIL USES FOR AI�'
APPRO,l'ILATELY 436.0 ACRE SITE LOCATED PRIMARILY
I�'ORTH OF MAIIv STREET AND NORTHWEST AI�D
SOUTHEAST OF HERITAGE ROAD
I. RECITALS
.A. Project Site
�'�'IIEREAS. the azea of land that is the subject of this resolution is
dia�ammaticallv represented in E�hibit "1" attached to and incorporated into this
resolution. and commonl}� kno���n as Ota}• Ranch Village Three I�'orth and portion of Four,
and for the purpose of general description herein consists of approximatelv 436.0 acres
eeneralh� located north of n4ain Street and north���est and southeast of Heritaee Road
(Project Site); and y
B. Projecr Application for Discretionan�Appro��als
\l'HEREAS, on Mazch 26: 2012: a dul}� verified appiication requestine approval of
Sectional Plan Area (SPA) Plan (PCM-12-06), �vas filed ���th the Citv of Chula Vista
De�elopment Sen ices Department b� SSBT LCRE V, LLC (the "Applicanr' and
"O«<ner); and
�'�'1-IEREAS, the proposed SPA Plan is entitled "Sectional Plannine Area Plan,
\'illaee Ttuee North and a Portion of Four, Juh 2014" (the "Project `) �vhich includes and is
incorporated therein all of the attached Appendices, on file in the Office of the Cit�� Clerk;
and
C. Prior Discretionan�Appro��als
R%HEREAS, the de��elopment of the Project Site has been the subject matter of a
General Plan Amendment GPA-]0-02; and the Otav Ranch General Development Plan
Amendment GDPA 09-28. approved b�� the City Council on December 2, 2014, b}�
Resolution No. 2014-233 (GP.4/GDPA Resolution) wherein the Cit�� Council; in the
em�ironmental e��aluation of said GPA/GDPA. relied on the Ota�� Ranch Uni��ersirv
Villaees Project Em�ironmental Impact Report I�o. 13-01. SCH 1�'0. 20li071077 (EIR-
]3-01); and
Resolution No. 2014-234
Page No. 2
D. Environmental Determination
VJHEREAS, the City's Development Services Director has revie��ed the Project for
compliance N�ith the California Em�ironmental Qualih� Act (CEQA) and determined that
the Project �vould result in a sienificant impact to the environment, and therefore has
prepared the Universitt� Villages Project EIR-li-01 that includes the Villaee Three North
and a Portion of Four Sectional Planning Area and Villaee Three North and a Portion of
Four Tentati��e Map; and
E. Plannine Commission Record of Application
WHEREAS, the Development Services Director set the time and place for a hearine
on the Project, and notice of the hearina. together with its purpose, �vas given b}� its
publication in a newspaper of general circulation in the City and its mailing to propem�
owners �i�ithin �00 feet of the exterior boundary of the Project Site at least ten (10) days
prior to the hearing: and
V�'HEREAS; the Planning Commission held an adveRised public hearing on the
Project on November 19, 2014; and
�i'HEREAS; the proceedings and all evidence introduced before the Plannino
Commission at the public hearing on the Project held on November 19, 2014 and the
Minutes and Resolution resulting therefrom, are incorporated into the record of this
proceeding; and
F. Cin� Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication
in a new�spaper of general circulation in the City and its mailing to property owners within
500 feet of the esterior boundaries of the Project Site at least ten (10) days prior to the
hearing; and
R'I-IEREAS; the duly called and noticed public hearing on the Project �-as held
before the City Council on December 2, 2014 in the Council Chambers in the Cin� Hall,
Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to hear public testimony with
regard to the same. The proceedings and any documents submitted to the Citv Council as
the decision-mahers shall comprise the entire record of the proceedings; and
NOW, THEREFORE, BE IT RESOLVED that the Ciry Council of the Citv of
Chula Vista does herebv find, determine, and resolve as follo�vs:
Resolution No. 2014-23� �
Paee No. 3
II. CERTIFICATION OF C0�4PLL4NCE �1�TH CEQA
The City Council. in the exercise of their independent re�ie��� and judgment. immediatei�
prior to this action, revie���ed and certified FEIR-li-01 and adopted the Findings of Fact.
Statement of Ovemdine Considerations, and Mitieation Monitoring and Repoaing
Program, pursuant to Resolution No. 2014-232.
III. SPA FII�TDII�'GS
.4. THE PROPOSED SECT[ONAL PLAI�T'II�G AREA PLAN IS I\' CONFORNIITI'
�'ITH THE OTAI' RANCH GEI�'ERAL DEVELOPn4ENT PL.Ai\' AI�iD ITS
SEVERAL ELEA�EI�iTS.
The proposed Village Ttuee T�'orth and a Portion of Four SPA Plan reflects land use
desienations. circulation_ and public facilities that are consistent ���th the Ota��
Ranch General De��elopment Plan and the Cirn of Chula Vista General Plan. The
proposed SP.A Plan is compatible ���th pre��iousl}� appro��ed plans and reeulations
applicable to surrounding sites and; therefore; the proposed SPA Plan can be
planned and zoned in coordination and substantial compatibilin� ��ith surrounding
development.
B. THE PROPOSED SPA PLAi\' ��'ILL PROn40TE THE ORDERLY
SEQUENTIALIZED DEVELOPn4Ei�'T OF THE II���OLVED SECTIONAL
PLAI�1�Ti�'G AREAS.
The proposed Villaee Three North and a Portion of Four SPA Plan ��ill promote the
orderl�� sequentialized development of the SPA Plan azea because the project ���ll be
de��eloped in a manner that is consistent ���ith the project's Planned Community
District Resulations. Phasina Plan. and Public Facilities Financine Plan.
C. THE PROPOSED SPA PLAi\' N'OULD NOT ADVERSELY AFFECT
ADJACE\'T LAI�'D USE. RESIDE1�iTIAL EI�JOYA�ENT. CIRCULATIO\ OR
E�TVIRONMEI�'TAL QUALITI'.
The proposed SPA Plan has been revieH�ed and has been determined to be
consistent �i�ith [he overall land use pattem and circulation s��stem en��isioned in
the Otav Ranch General Development Plan. Em�ironmental [mpact Repon FEIR -
13-01 and i[s associated n4itieation n4onitoring and Reporting Proeram have been
prepared and any impacts associated ���ith the proposed SPA Plan ���ould be
mitigated to the estent feasible. Thus. the proposed SPA Plan ��ill not ad��ersel�
affect the adjacent land uses; residential enjo}�nent. circulation or em�ironmental
qualin• of the surrounding uses.
Resolution No. 2014-234
Pace No. 4
N. CONDITIONS OF APPROVAL
1. Prior to appro��al of any land development permits, the Applicant shall demonstrate that
the applicable Air Qualin� Improvement Plan (AQIP) project design features and
measures outlined in the Air Quality Improvement Plan pertaining to the design,
construction and operational phases of the project have been incorporated in the Project
desien.
2. Prior to issuance of building permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water quality consen�ation measures
of the Water Conservation Plan of the SPA Plan.
3. Prior to approval of any Project proposing private development of property designated for
a school use, prior to the expiration of the school site reservation, the Applicant shall:
a. Provide evidence and proof of agreement from the applicable school district that
the site has not been determined b}� the district to be needed for use as a school
site.
b. Obtain approval of a SPA and Administrative Amendment appro��ing the
underlyine use for the site(s) pursuant to SPA Section 10.
4. All of the terms; covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representati��es of the Developer
as to am� or all of the Property. For the purpose of this document `'De��eloper" shall ha��e
the same meaning as "Applicant."
�. If any of the terms, co��enants or conditions contained herein shall fail to occur or if they
are; b}� their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their ternis; the City shall have the
right to revoke or modif}� all approvals herein granted including issuance of buildin�
permits; deny, or further condition the subsequent approvals that are derived from the
approvals herein eranted, institute and prosecute litigation to compel their compliance
with said conditions and/or seek damages for their violation.
6. The Applicant shall indemnify, protect, defend and hold ihe City, its agents, officers and
employees harmless from and against any and a11 claims, liabilities and costs, including
attorneys` fees; arising from challenges to the Village Three North and portion of Four
Sectional Plannine Area Plan and Tentative Map Environmental Impact Report (E[R-li-
01) A4itigation Monitoring and Reporting Program for the Project, the Otay Ranch Village
Three North and a Portion of Four Sectiona] Planning Area (SPA, PCM-12-06) Plan,
and/or any and all entitlements issued by the City in connection with the Project The
Applicant and the City agree that the indemnity provisions contained in the Development
Agreement satisfy this condition.
Resolution No. 2014-23�
Pa�e No. �
7. The .Applicant shall compl�� ��ith all conditions of appro��aL guidelines. policies. and an}�
other applicable requirements of the follo���ing plans and pro�rams: as amended from time
to time: The Ciro of Chula \rista n4unicipal Code: the Chula Vista Subdi��ision Manual;
Ciri� of Chula Vista n9ultiple Species Consen�ation Pro�ram (A4SCP) Subarea Plan; Cin�
of Chula Vista Desien and Construction Standards; the Development Storm W�ater
Manual for De��elopment and Rede��elopment Projects; the Cin� of Chula \'ista Gradine
Ordinance; CVMC 1�.04; the State of California Subdi��ision Map Act, the Cin• of Chula
V'ista General Plan: the Cirv`s Gro��th ?�9anaaement Ordinance: Chula Vista Desisn
Manual; Chula Vista Landscape Manual; Chula Vista Fire Faciliri� n9aster Plan. and Fire
Department Policies and Procedures; Ota�� Ranch Generai Development Plan. Ota��
Ranch Resource Management Plan (R7�1P) Phase ] and Phase 2. including the Presen�e
Conve��ance Schedule; Ciri� of Chula Vista Adopted Pazks and Recreation D4aster Plan.
Otav Ranch ���ide Affordable Housina Plan: Otav Ranch Overall Desian Plan: Ota��
Ranch Village Three North and a Portion of Four Sectional Planning Area (SPA. PCM-
12-06) Plan and supportine appendices, includine: Public Facilities Finance Plan (PFFP),
Affordable Housine Plan, Air Qualin� Impro��ement Plan (.AQIP). Aericulmral Plan, Fire
Protection Plan; Non-Rene���able Enerm� Consen�ation Plan; Presen�e Edse Plan: and
\1'ater Consen�ation Plan (WCP): as amended from time to time; and Village Three and a
Portion of Four Tentative A4ap (7M) CVT-13-02. The Project shall comply �vith all
applicable rrlitigation measures specified in the Universin� Villaees Project (EIR-li-01)
D4itieation A9onitorine and Reporting Pro�ram; as the�� relate to the Village Ttuee North
and a Portion of Four Sectional Planning Area Plan and Tentative A4ap En��ironmental
[mpact Report to the satisfaction of the De��elopment Sen�ices Director.
8. The Applicant acl;no�vledees and agrees to comply with the provisions of the Citv of
Chula Vista Greenbelt Master Plan (September 16, 2003) as espressed in the SPA Plan.
9. The Project shall satisfi� the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista 1�9unicipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide three (3) acres of local parks and related
impro��ements per 1;000 residents. Local parks are comprised of communit}� pazks and
neiehborhood parks. O��erall park oblieation shall be met throueh the pa��ment of fees,
dedication of land, or a combination thereof in a manner acceptable to the Director of
De�elopment Services.
10. Phasing approved ���ith the SPA Plan ma�� be amended subject to appro��al b�� the Director
of De��elopment Sen�ices and the City Engineer.
ll. The Applicant shall enter into supplemental a�reement(s) ���ith the City. prior to approval
of each Final Map for any phase or unit: ���hereby:
a. The Developer agree(s) that the City ma}� �i�ithhold building permits for an�� units
���ithin the Project Site in order to have the Project comph� ���ith the Gro«th
Manaeement Pro�ram: or. if anv one of the follo���ine occur.
i. Regiona] de��elopment threshold limits set b�� a Chula \'ista transportation-
phasine plan; as amended from time to time, have been reached.
Resolution No. 2014-234
Paae No. 6
ii. Traffic volumes; le��el of service, public utilities and/or sen�ices either
exceed the adopted City threshold standards or fail to comph with the then
effecti��e GroNrth Manasement Ordinance and Gro��th Manaeement
Proeram and anv amendments thereto.
iii. The Project's required public facilities; as identified in the Public Facilities
Finance Plan (PFFP), or as amended or otherwise conditioned. have not
been completed or constructed in accordance with the Project entitlements
including the Development Agreement to the satisfaction of the
Development Services and the City Engineer. The Developer ma}�
propose chanees in the timing and sequencine of development and the
construction of improvements affected. In such case, the PFFP may be
amended afrer review and approval by the Cin�'s Director of Development
Services and the City Engineer. The Developer agree(s) that the City ma}�
withhold building permits for any of the phases of development identified
in the PFFP for the Project if the Projecfs required public facilities, as
identified in the PFFP or in accordance with the Development Agreement
are not meeting the City's standard operating thresholds. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and «-ater.
12. Afier final SPA approval, the Applicant shall submit electronic versions of all SPA
documents; including teat and graphics, to the Development Services Department in a
format specified and acceptable to the Development Services Director.
13. The Applicant shal] compl�� ��ith the Fire Department's codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and ��-ater suppl}�
plan prepared by a licensed engineering firm, ���hich has been determined to be qualified
in the sole discretion of the Fire Marshall, shall be submitted for approval by the Cit}� of
Chula Vista Fire Marshall. The plan shall detail how and when the Applicant shall
provide the follo�i�ing items either prior to the issuance of building permit(s) for the
Project, or prior to delivery of combustible materials on any construction site on the
Project; ti�hichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department durina plan check to the satisfaction of the Fire Marshall. Any
temporary ���ater supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, ���ith a minimum standard �vidth oF 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporar�� street
signs shall be subject to the approval of the City Engineer and Fire Marshall.
Locations and identitication of temporary street signs shall be subject to re��ie�i� and
approva] by the City Engineer and Fire Marshall.
Resolution No. 2014-234
Pase No. 7
V'. GOVER��D4ENT CODE SECTTON 66020 NOTICE
Pursuant to Govemment Code Section 66020(d) (I), NOTICE IS HEREBY GIVEN that
the 90 da� period to protest the imposition of am• impact fee. dedication, reservation. or
other exaction described in this resolution beeins on the effective date of this resolution
and an}� such protest must be in a manner that complies «�ith Section 66020(a) and failure
to folloN� timelv this procedure ��ill bar an�� subsequent leeal action to attack. set aside,
�oid or annual imposition. The right to protest the fees; dedications, resen�ations, or
other exactions does not appl}� to planning. zoning. gradine. or other similar application
processing fees or sen ice fees in connection �vith the project: and it does not appl}�to am�
fees. dedication. resen�ations. or other eaactions �ihich ha�-e been eiven notice similar to
this. nor does it revive challenees to am fees for ���hich the Statute of Limitations has
pre��ioush� ezpired.
VI. E�iECUTION OF RESOLUTION OF APPROVAL
The Propem O��ner and the Developer shall e�ecute this document b}' signing the lines
pro��ided belo��, said execution indicatins that the Propern- O«ner and Developer have
each read. understood and aereed to the conditions contained in Resolution No. 2014-
234, and will implement same to the satisfaction of the De��elopment Senices Director.
Upon execution. this document and a cop}� of Resolution No. 2014-234 shall be recorded
�aith the County Clerk of the County of San Diego, at the sole expense of the Propem
O��mer and/or De��eloper, and a signed, stamped cop�� returned to the City Clerk. Failure
to return a siened and stamped cop� of this recorded document �iithin thim� da��s of
recordation to the Cin� Clerk shall indicate the Propem� O���ner/Developer's desire that
the project. and the corresponding application for building permits andlor a business
license, be held in abevance «�ithout approval.
Signature of Propert}� O���ner Date
Ja„ . ! 3. 2015
Sophie Yang
Sianamre of De��eloper Da[e
7a.t,. I 3. 2�l 5
Sophie Y
Resolution No. 2014-234
Pa�e No. 8
VD. CONSEQUENCE OF FAILURE OF COND[TIONS
If an}� of the forgoing conditions fail to occur; or if the�� are, b}� their terms, to be
implemented and maintained o��er time, and any of such conditions fail to be so
implemented and maintained according to the their terms, the Cin� shall ha��e the risht to
revoke or modify all appro��als herein €*ranted, deny or further condition issuance of future
building permits, deny; re��oke or further condition all certificates of occupancy issued
under the authority of appro��als herein granted, instituted and prosecute litieate or compel
their compliance or seek damages for their violations. No vested rights are gained b��
Applicant or successor in interest by the Cit��approva] of tliis resolution.
VIII. INVAL[DIT1': AUTOMATIC REVOCATION
It is the intention of the Ciry Council that its adoption of this resolution is dependent upon
enforceability of each and e��ery term provision and condition herein stated; and that in the
event that any one or more terms, provisions or conditions are detern�ined by the Court of
competent jurisdiction to be im�alid, illegal or unenforceable, if the Cit�� Council so
determines in its sole discretion, this resolution shall be deemed to be revoked and no
further in force or in effect ab initio.
BE IT FURTHER R�SOLVED, that based on the above-referenced Tindings and
Conditions of Approval, the Cit}� Council does hereby approve the Village Three North and a
Portion of Four SPA Plan.
Presented by Approved as to form by
�� �
�
Kelly G. Broughton; FASLA Glen R. ogins�
Director of Development Sen�ices rney
Resolution I�'o. 2014-23�3
Pa�e No. 9
PASSED, APPROVED. and ADOPTED bv the Cin� Council of the Cin� of Chula Vista,
California� this 2nd dav of December 2014 b�� the follo���ine vote:
.4YES: Councilmembers: Bensoussan. Salas and Cos
\TAYS: Councilmembers: Ramirez
ABSE1�iT: Councilmembers: Aeuilar
Patricia Aguilaz, Depu _ A4a��or
ATTEST:
��(� �.—�
Donna R. i�'orr�s�Cn+1C. Cirv Clerk
STATE OF CALIFOR�\TIA )
COU?�'TY OF SAN DIEGO )
CITY OF CHULA VISTA )
I. Donna R. I�'oms. Cit�� Clerk of Chula Vista. Califomia. do herebv certifi� that the foreeoina
Resolution I�'o. 2014-234 ���as dul}� passed, appro��ed, and adopted b�� the Cin� Council at a
reaular meetina of the Chula Vista Cih� Council held on the 2nd da��of December 2014.
E�ecuted this 2nd da��of December 2014.
� �--�-"_�
Donna R. Noms. CMC. Cin� Clerk
Resolution No. 2014-234
Page No. ]0
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