HomeMy WebLinkAboutReso 2014-235 RESOLUTIOI� I�O. 2014-235
RESOLUTIOI�' OF THE CITY COUt�'CIL OF THE CITY OF
CHLIL.A VIST.A APPROVII��G THE OTA1' RAI�CH VILLAGE
EIGHT EAST SECTIOI�'AL PLAI�'T�ilr'G AREA (SPA) PL.AI�'
PROPOSII�'G 943 SII�'GLE-FAMILY DVdELLIt�'G UI�'ITS. 2.617
MULTI-FAMILl' DA'ELLING U1�'ITS. AND A MIt`iIMUM OF
20,000 SQUARE FEET OF RETAIL COMMERCIAL USES FOR
AI�' APPROXiLATELY �7�.3 ACRE SI7'E LOCATED
PRLMARILl' SOUTH OF MAII�' STREET AND V�'EST OF SR-
12�
I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is
dia�rammaticall� represented in Ezhibit "1" attached to and incorporated into this
Resolution. and commonl}� l:no�n as Otav Ranch Village Eight East; and for the purpose of
eeneral description herein consists of approzimatel}� �7�3 acres generalh� located south of
A4ain Street and west of SR-12� (Project Site); and
B. Project; Application for Discretionarv Approvals
V�'HEREAS, on March 8, 2012, a duly ��erified application requesting appro��al of
Sectional Plan Area (SPA) Plan (PCM-12-04): ���as filed with the Cin� of Chula Vista
De��elopment Senices Department b�� SSBT LCRE V, LLC (the "Applicanr' and "O��mer''):
and
WHEREAS, the proposed SPA Plan is entitled '`Sectional Plannin� Area Plan.
Village Eieht East. Jul�- 2014" (the "Project") ���hich includes and is incorporated therein all
of the attached Appendices, on file in the Office of the City Clerk; and
C. Prior Discretionar}�Appro��als
WHEREAS, the de��elopment of the Project Site has been the subject matter of a
General Plan Amendment GPA-10-02; and the Otay Ranch General Development Plan
Amendment GDPA 09-28: approved by the City Council on December 2, 2014, by
Resolution No. 2014-233 (GPA/GDPA Resolution) wherein the Cin� Council; in the
environmental evaluation of said GPA/GDPA. relied on the Otav Ranch Universit��
Villaees Project En��ironmental Impact Report No. li-01, SCH No. 2013071077 (EIR-
li-01); and
Resolution No. 2014-23�
Page No. 2
D. Environmental Determination
VdHEREAS, the Ciq�'s Development Services Director has reviewed the Project
for compliance ��ith the CaliFomia Environmental Qualit�� Act (CEQA) and determined
that the Project would result in a significant impact to the environment, and therefore has
prepared the Universin� Villages Project EIR-13-01 that includes the Village Eieht East
Sectional Planning Area and Village Eight East Tentative Map; and
E. Planning Commission Record of Application
WHEREAS, the Development Services Director set the time and place for a hearing
on the Project, and notice of the hearing, together with its purpose, was given by its
publication in a newspaper of general circulation in the Cit}� and its mailing to property
owmers within 500 feet of the exterior boundary 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 November 19, 2014; and
WHEREAS, the proceedings and all evidence introduced before the Planning
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. City Council Record of Application
VdHEREAS; the City Clerk set the time and place far the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication
in a neH�spaper of general circulation in the City and its mailing to property owners �vithin
500 feet of the ezterior boundaries of the Project Site at least ten (10) days prior to the
hearing; and
WHEREAS, the duly called and noticed public hearing on the Project ���as held
before the Cip� 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
regazd to the same. The proceedings and any documents submitted to the City Council as
the decision-mal;ers shall comprise the entire record of the proceedings; and
�'HEREAS, immediately prior to this action, the City Council reviewed and
certified Final E[R li-Ol (FEIR-L.i-01) and adopted the Findings of Fact, Statement of
Ovemding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to
Resolution No. 2014-232.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the Ciry of Chula Vista
does hereby find, de[ermine, and resolve as follows:
Resolution No. 2014-235
Paee No. 3
II. CERTIFICATIO?v OF COMIPLIANCE �'ITH CEQA
The City Council, in the exercise of theu independent revie�� and judgrnent; immediateh�
prior to this action, re��iewed and certified FEIR-li-01 and adopted the Findings of Fact,
Statement of Ovemding Considerations. and Mitieation A4onitorine and Reporting
Pro�am. as represented in Exhibit "2" which is incorporated herein b}�this reference and on
file in the Office of the Cirn Clerk.
llI. SPA FII�TDIIvGS
A. THE PROPOSED SECTIONAL PLAI�TI�iING AREA PLAI�' ]S II�' CONFORI�4ITY
�4'ITH THE OTAZ' RAI�'CH GEI�TERAL DEVELOPMEI�'T PLAI`' AI`iD ITS
SEVERAL ELENLENTS.
The proposed Village Eight East SPA Plan reflects land use desienations;
circulation, and public facilities that aze consistent �vith the Otav Ranch General
Development Plan and the Cin- of Chula Vista General Plan. The proposed SPA
Plan is compatible tiith previousl} appro��ed plans and regulations applicable to
surrounding sites and, therefore. the proposed SPA Plan can be planned and zoned
in coordination and substantial compatibility��ith surroundine de��elopment.
B. THE PROPOSED SPA PLAI�' WILL PROMOTE THE ORDERLY
SEQUEI�iTIALIZED DEVELOPA4EI�TT OF THE INVOLVED SECTIONAL
PLP.i\�TII�iG AREAS.
The proposed VillaQe Eiaht East SPA Plan ��-ill promote the orderlv sequentialized
development of the SPA Plan area because the project ��ill be de��eloped in a
manner that is consistent �ti�th the projecrs Planned Communirv District
Rewlations. Phasine Plan. and Public Facilities Financin¢ Plan.
C. THE PROPOSED SPA PL.Ai\' 1�%OULD \'OT ADVERSELY AFFECT
.ADJ.ACE1�'T LAi\TD liSE. RESIDENTIAL EI�'JOYIvIENT. CIRCULATION OR
ENVIRO\TMENTAL QUALITl'.
The proposed SPA Plan has been re��ie�i�ed and has been determined to be
consistent ���ith the o�=erall land use pattem and circulation s��stem en��isioned in
the Ota}� Ranch General De��elopment Plan. Em ironmental Impact Report FEIR -
li-01 and iu associated A4itieation D4onitoring and Reponing Pro�am ha��e been
prepared and an}� impacts associated �cith the proposed SPA Plan would be
mitigated to the extent feasible. Thus, the proposed SPA Plan ��ill not adverseh�
affect the adjacent land uses; residential enjo}�nent. cuculation or environmental
qualin�of the surroundine uses.
Resolution No. 2014-235 ,
Paee No. 4
N. COI�'DITIONS OF APPROVAL
1. Prior to approval of anv land development permits, the Applicant shall demonstrate that
the applicable Air Qualit}� Improvement Plan (AQIP) project design features and
measures outlined in the Air Quality lmprovement Plan pertaining to the design,
construction and operational phases of the project have been incorporated in the Project
design.
2. Prior to issuance of buildine permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water qualiry conservation measures
of the Water Conservation Plan of the SPA Plan.
3. Prior to approval of any Project proposing private development of propert}� designated for
a school use, prior to the eapiration of the school site reservation, the Applicant sha1L•
a. Pro��ide evidence and proof of agreement from the applicable school district that
the site has not been determined by the district to be needed for use as a school
site.
b. Obtain approval of a SPA and Administrative Amendment appro��ing the
underlying 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 representatives of the Developer
as to an}� or all of the Property. For the purpose of this document "Developer" shall have
the same meaning as "Applicant."
5. If any of the terms; covenants or conditions contained herein shall 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 al] approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance
with said conditions and/or seek damages for their violation.
6. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, induding
attomeys' fees, arising from challenges to the Village 8 East Sectional Planning Area
Plan and Tentative Map Environmental Impact Repori (EIR-13-01) Mitigation Monitoring
and Reporting Program for the Project, the Otay Ranch Village Eight East Sectional
Planning Area (SPA, PCM-12-04) Plan, and/or any and all entitlements issued by the Cin�
in connection with the Project. The Applicant and the City agree that the indemniri�
provisions contained in the Development Agreement satisfy this condition.
Resolution No. 2014-23�
Pace I�'o. �
7. The Applicant shall comph with all conditions of appro��aL guidelines, policies. and any
other applicabie requirements of the follo�;�ng plans and programs, as amended from time
to time: The City of Chula Vista Municipal Code; the Chula Vista Subdi��ision Manual;
City of Chula Vista Multiple Species Conser��ation Program (MSCP) Subazea Plan; City
of Chula Vista Desien and Construction Standazds, the Development Storm Vdater
Manual for Development and Redevelopment Projects: the City of Chu1a Vista Grading
Ordinance, CVA4C 1�.04: the State of Califomia Subdi��ision Map Act; the Cin� of Chula
Vista General Plan: the Cin�'s Gro��nh Manasement Ordinance: Chula Vista Desian
Manual; Chula Vista Landscape Manual; Chula Vista Fire Facilin� Master Plan, and Fire
Department Policies and Procedures; Ota�� Ranch General De��elopment Plan, Ota��
Ranch Resource ManaQement Plan (RMP) Phase 1 and Phase 2, including the Preserve
Conve��ance Schedule; Cin� of Chula Vista Adopted Pazks and Recreation Master Plan,
Otav Ranch Wide Affordable Housine Plan: Otav Ranch O��erall Desi2n Plan: Ota��
Ranch Villaee Eieht East Sectional�Planning Area (SPA; PCM-12-04) Plan and
supporting appendices. including: Public Facilities Finance Pian (PFFP), Affordable
Housing Plan. .Air Qualin� Impro��ement Plan (AQIP). Agricultural Plan, Fire Protection
Plan. Non-Rene«�able Eners�� Consen�ation Plan. Preserve Edee Plan, and Water
Consen�ation Plan (N'CP), as amended from time to time; and Villaee Eieht East
Tentati��e Map (TA4) CVT-13-03. The Project shall comph� �vith all applicable mitisation
measures specified in the Uni��ersin� Villaees Project (EIR-13-01) Mitigation n4onitorine
and Reporting Program, as they relate to the Village Eisht East Sectional Plannine Area
Plan and Tentative A4ap Environmental Impact Repon to the satisfaction of the
Development Sen�ices Director.
8. The Applicant acknoN�ledees and a�rees to compl}� ���ith the pro��isions of the City of
Chula Vista Greenbelt Master Plan (September 16; 2003) as expressed in the SPA Plan.
9. The Project shall satisfi- the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of community parks and
neiehborhood pazks. O��eral] park obli�ation shall be met through the pa��ment of fees,
dedication of land; or a combination thereof in a manner acceptable to the Director of
Development Services.
10. Phasine approved H�ith the SPA Plan may be amended subject to appro��al by the Director
of De��elopment Services and the Cin� Eneineer.
] l. The Applicant shall enter into supplemental aereement(s) ���ith the City, prior to approval
of each Final Map for am� phase or unit. ���hereb}�:
a. The De��eloper aeree(s) that the City ma�� ���ithhold buildine permits for anv units
within the Project Site in order to ha��e the Project compl}� �aith the Gro��nh
Manaaement Proeram: or. if am� one of the follo���ina occur:
Resolution No. 2014-235
Page No. 6
i. Regional development threshold limits set by a Chula Vista transportation-
phasing plan, as amended from time to time, have been reached.
ii. Traffic volumes, level of sen-ice, public utilities and/or sen�ices either
eaceed the adopted City threshold standards or fail to comply with the then
effective Grotinh Management Ordinance and Grownh Management
Program and any 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 mav
propose changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be
amended after review and approval by the City's Director of Development
Services and the City Engineer. The Developer agree(s) that the City may
withhold building permits for an}� of the phases of development identified
in the PFFP for the Project if the Project's required public facilities, as
identified in the PFFP or in accordance with the Development Agreement
are not meetine the City's standard operating thresholds. Public utilities
shall include, but not be limited to, air qualit}�, drainage, sewer and water.
12. Afrer final SPA approvaL the Applicant shall submit electronic versions of all SPA
documents, including text and graphics, to the Development Services DepaRment in a
format specified and acceptable to the Development Services Director.
li. The Applicant shall comply with the Fire Department's codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply
plan prepared by a ]icensed engineering firm, which has been determined to be qualified
in the sole discretion of the Fire Marshall, shall be submitted for approval by the City of
Chula Vista Fire Marshall. The plan shall detail how and when the Applicant shall
provide the following 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 whichever occurs earlier:
a. �'ater supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Marshali. Any
temporaq�water suppl}� source is subject to prior approval by the Fire Marshal.
b. Emer�ency vehicle access consisting of a minimum first la}�er of hard asphalt
surface or concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street
signs shall be subject to the approval of the City Engineer and Fire Marshall.
Locations and identification of temporary street signs shall be subject to review and
approval by the City Engineer and Fire Marshall.
Resolution I�'o. 2014-23�
Pase No. 7
V. GOVERT�'MENT CODE SECTION 66020 NOTICE
Pursuant to Govemment Code Section 66020(d) (1), NOTICE IS HEREBl' GIVEN that
the 90 da�� period to protest the imposition of am� impact fee, dedication; resen�ation, or
other exaction described in this resolution beeins on the effecti��e date of this resolution
and anv such protest must be in a manner that complies ���ith Section 66020(a) and failure
to follo��� timelv this procedure ��ill baz any subsequent leQal action to attack, set aside,
void or annual imposition. The riaht to protest the fees; dedications. resen�ations, or
other eaactions does not appl}� to planning. zonin�, erading, or other similaz application
processine fees or sen�ice fees in connection u�ith the project: and it does not apph� to an}�
fees. dedication, reser��ations. or other eaactions which have been ei��en notice similar to
this, nor does it revive challenees to anv fees for �rhich the Statute of Limitations has
previously expired.
VI. EXECUTION OF RESOLUTION OF APPROVAL
The Propem� O��mer and the Developer shall execute this document bv signing the lines
pro��ided belo��: said execution indicating that the Propem� O��mer and Developer ha��e
each read. understood and aereed to the conditions contained in Resolution No. 201�-
23�. and N�ill implement same to the satisfaction of the De��elopment Services Director.
Upon ezecution, this document and a cop�� of Resolution No. 2014-23� shall be recorded
with the Counn� Clerk of the Counrv of San Diego, at the sole e�pense of the Propem�
O�+mer and/or Developer. and a signed. stamped cop}� retumed to the Cin� Clerk. Failure
to return a siened and stamped copy of this recorded document ���ithin thim� da�-s of
recordation to the City Clerk shall indicate the Propem� OH�ner/De��eloper's desire that the
project; and the correspondine application for building permits and/or a business license,
be held in abeyance without approval.
Sienature of Propem� O«�ner Date
�A�n . ��j . 201 rj
Sophie Yang
Sienature of Developer Date
i�%`L2�%G�� �cw, . � �, 2 0� 5
Sop ie Yang
Resolution No. 2014-235
Page No. 8
VII. CONSEQUENCE OF FAILIJRE OF CONDITIONS
If anv of the foreoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over tune, and any of such conditions fail to be so
implemented and maintained accordine to the their terms, the City shall have the right to
revoke or modifi� all approvals herein granted, deny or further condition issuance of future
buildine permits, deny. revoke or further condition all certificates of occupancy issued
under the authoriri� of approvals herein granted, instituted and prosecute litieate or compel
their compliance or seek damages for their violations. No vested rights aze gained by
Applicant or successor in interest by the City approval of this Resolution.
V1Il. INVALIDITY: AUTONIATIC REVOCATION
It is the intention of the Ciq� 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 CouR of
competent jurisdiction to be invalid, illegal or unenforceable, if the City 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 1T FURTHER RESOLVED, that based on the above-referenced Findings and
Conditions of Approval, the City Council does hereby approve the Village Eight East SPA Plan.
Presented by Approved as to form by
� \
Kelly G. Broughton, FASLA en R. Googins
Director of Development Services C Att
Resolution No. 2014-23i
Paee I`'o. 9
PASSED. _4PPROVED. and .ADOPTED b�� the Cin� Council of the Cin� of Chula Vista.
Califomia� this 2nd da�� of December ZO1� b�= the followine vote:
AYES: Councilmemben: Bensoussan. Salas and Coz
NA1'S: Councilmembers: Ramirez
.ABSE?�T7: Councilmembers: Awilaz
Patricia Awilaz. D rv Mavor
ATTEST: �
Donna R. Norris. A4C. Cirv Clerk
STATE OF CALIFORI�'IA )
COUi�'TY OF SAi\' DIEGO )
CITY OF CHLJLA VISTA )
I; Donna R. Norris, Cim Clerk of Chula Vista. Califomia, do hereby certifi� that the foregoing
Resolution No. 2014-23� «�as dulv passed, approved. and adopted by the Cih� Council at a
regular meeting of the Chula Vista Cim Council held on the Znd da��of December 201�.
Executed this 2nd dav of December 2014.
�P�. � �,�,�,�
Donna R. Noms. CMC. Cin� Clerk
e
Resolution No. 2014-23�
Page No. ]0
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