HomeMy WebLinkAboutReso 2014-236 RESOLUTION 2014-236
RESOLUTIOI`' OF THE CITY COUI�'CIL OF THE CITY OF
CHULA VISTA APPROVING THE OTAY RANCH VILLAGE
TEI�' SECTIOI�?AL PLA1�Tt�ili�'G AREA (SPA) PLAN
PROPOSII`'G 69� S12�GLE-FAMILY DVvELL�'G LTNITS. AI�'D
1.04� MULTI-FAI�4ILY DWELLII�G UI�'ITS FOR AI�
APPRO?LII�'L4TEL1' 36.i.4 ACRE SITE LOCATED SOUTH OF
HUNTE PARKVdAl' AND THE FUTURE LT'IVERSITY SITE
1. RECITALS
A. Project Site
�i'HEREAS. the azea of land that is the subject of this Resolution is
dia�rammatically represented in Exhibit `'1" attached to and incorporated into this
Resolution; and commonl�� I:no�m as Ota�� Ranch Villaee Ten, and for the purpose of
seneral description herein consisu of approximateh� 363.4 acres eenerall�� located south of
Hunte Parkwa}� Sveet and the future uni��ersin� site (Project Site); and
B. Project; Application for Discretionan�Approvals
�'HEREAS. on Januan� 3, 2012, a duly verified application requestine approval of
Sectional Plan Area (SPA) Plan (PCM-12-01), ���as filed ���th the Cin� of Chula Vista
De��elopment Sen�ices Department by SSBT LCRE V. LLC (the "Applicanr' and "Ow�ner`);
and
�1'HEREAS, the proposed SPA Plan is entitled "Sectional Plannine Area Plan.
Villaee Ten; Julv 2014" (the "ProjecT') which includes and is incorporated therein all of the
attached Appendices, on file in the Office of the Cin� Clerk; and
C. Prior Discretionarv Appro��als
�\'HEREAS. the development of the Project Site has been the subject matter oF a
General Plan Amendment GPA-12-02. and the Ota�� Ranch General Development Plan
Amendment GDPA 09-28, approved b}� the City Council on December 2, 2014, bv
Resolution No. 2014-233 (GPA/GDPA Resolution) tifierein the Cin� CounciL in the
environmental evaluation of said GPA/GDPA. relied on the Ota�� Ranch Universirv
Villages Project En��ironmental Impact Report I�'o. 13-01, SCH No. 2013071077 (EIR-
13-01); and
D. Em�ironmental Determination
WHEREAS, the Cit}�`s Development Senices Director has re��ie�ved the Project for
compliance ��-ith the California Environmental Qualitv Act (CEQA) and determined that
the Project ���ould result in a sienificant impact to the en��ironment. and therefore has
prepazed the Universin� Villaees Project EIR-li-01 that includes the Village Ten
Sectional Plannine Area and Village Ten Tentative Map; and
Resolution No. 2014-236
Page No. 2
E. Planning Commission Record of Application
V✓HEREAS, the Development Services Duector set the time and place for a hearine
on the Project, and notice of the hearing, together with its purpose, ��as given by its
publication in a newspaper of general circulation in the Cit�� and its mailing to propem-
o�mers within �00 feet of the e�terior boundar,y of the Project Site at least ten (10) 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. Cit}�Council Record of Application
l�'HEREAS, the Cit}� Clerk set the time and place for the hearing on the Project
application and notices of said hearings, together with its purposes given by its publication
in a newspaper of general circulation in the City and its mailing to property owmers within
500 feet of the e�terior 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 was held
before the City Council on December 2, 2014 in the Council Chambers in the City Hall;
Chula Vista Civic Center, 276 Fourth Avenue, at 2:00 p.m. to heaz public testimony with
regard 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
WHEREAS, immediately prior to this action, the City Council reviewed and
certified Final EIR 13-01 (FEIR-13-01) and adopted the Findings of Fact, Statement of
Overriding Considerations, and Mitigation Monitoring and Reporting Program, pursuant to
Resolution No. 2014-232.
NOW, THERGFORE, BE IT RESOLVED that the City Council of the Cit�� of Chula Vista
does hereby find, determine, and resolve as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council, in the exercise of their independent review and judgment, immediately
prior to this action, reviewed and certified FEIR-13-01 and adopted the Findings of Fact,
Statement of Overriding Considerations, and Mitigation Monitoring and Reportine
Program, which are represented in Eshibit "2" on file in the Office of the City Clerk and
incorporated herein by this reference.
Resolution No. 2014-236
Paee No. 3
Rl. SPA FII�DINGS
A. THE PROPOSED SECTIONAL PLAI��TING AREA PLAI�' IS II�' CONFORNQTY
V�'ITH THE OTAY RANCH GENERAL DEVELOPMEI�'T PLAN AI�'D ITS
SEVERAL ELEA�I�'TS.
The proposed Village Ten SPA Plan reflects land use designations: circulation, and
public facilities that are consistent with the Ota�� Ranch General Development Plan
and the Cim of Chula \'ista General Plan. The proposed SPA Plan is compatible
��ith pre�iousl}� approved plans and rewlations applicable to surroundins sites and,
therefore, the proposed SPA Plan can be planned and zoned in coordination and
substantial compatibilin���ith surroundine development.
B. THE PROPOSED SPA PLAI�' ��%1LL PROn40TE THE ORDERLY
SEQUENTIALIZED DEVELOPA4ENT OF THE INVOLVED SECTIONAL
PL.4i\'2v1i1'G AREAS.
The proposed Village Ten SPA Plan will promote the orderl�� sequentialized
development of the SPA Plan area because the project H�ill be developed in a
manner that is consistent with the projecrs Planned Communit�� District
Regulations, Phasine Plan_ and Public Facilities Financing Plan.
C. THE PROPOSED SPA PLAN V�'OULD NOT P.DVERSELY AFFECT
ADJACENT LAI�TD USE. RESIDEI��TIAI. EI�'JOI'MEI�'T. CIRCULATION OR
EI�TVIRO\TI�IEI�TTAL QUALITY.
The proposed SPA Plan has been re��iewed and has been determined to be
consistent �+�ith the o��erall land use pattem and circulation s��stem envisioned in
the Ota.� Ranch General De��elopment Plan. En�ironmental Impact Repon FEIR -
13-01 and its associated Mitigation Monitorina and Reportine Proeram ha��e been
prepared and any impacts associated ���ith the proposed SPA Plan ���ould be
mitigated to the estent feasible. Thus, the proposed SPA Plan �ti�ll not ad��erselv
affect the adjacent land uses; residential enjo��nent. circulation or em�ironmental
qualin�of the surroundine uses.
N. CONDITIONS OF APPRO\'AL
l. Prior to appro��al of anv land development permits, the Applicant shall demonstrate that
the applicable Air Qualin� Impro��ement Plan (AQIP) project design features and
measures outlined in the Air Qualit�� Impro��ement Plan penainin� to the desien.
construction and operational phases of the project ha��e been incorporated in the Project
desien.
2. Prior to issuance of building permits or appro��al of landscape construction plans. the
Applicant shall implement the applicable mandaton� �vater qualit�� conservation measures
of the Water Conservation Plan of the SPA Plan.
Resolution No. 2014-2.i6
Pace No. 4
3. Prior to approval of an}� project proposing private development of propert}� desi�nated for
a school use, prior to the expiration of the school site resen�ation, the Applicant shall:
a. Provide e��idence and proof of agreement from the applicable school district that
the site has not been determined bv the district to be needed for use as a school
site.
b. Obtain approval of a SPA and Administrative Amendment approving 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 any or all of the Property. For the purpose of this document `'Developer' shall have
the same meaning as "Applicant."
5. [f any of the terms; covenants or conditions contained herein shall fail to occur or if the}�
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 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 Cit}� its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, including
attome��s' fees, arising from challenges to the Village Ten Sectional Planning Area Plan
and Tentative Map Environmental Impact Report (EIR-13-01) Mitigation Monitoring and
Reporting Program for the Project, the Otay Ranch Village Ten Sectional Planning Area
(SPA, PCM-12-01) 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 satisfi�this condition.
7. The Applicant shall comply with all conditions of approval, guidelines, policies, and any
other applicable requirements of the following plans and programs, as amended from time
to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual;
City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City
of Chula Vista Design and Construction Standards; the Development Storm Water
Manual for Development and Redevelopment Projects; the City of Chula Vista Gradine
Ordinance; CVMC 1�.04; the State of California Subdivision Map Act; the City of Chula
Vista General Plan; the City's Grow4h Management Ordinance; Chula Vista Design
Manual; Chula Vista Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire
Department Policies and Procedures; Otay Ranch General Development Plan, Otay
Ranch Resource Management Plan (RMP) Phase 1 and Phase 2, including the Preserve
Conveyance Schedule; City of Chula Vista Adopted Parks and Recreation Master Plan;
Otay Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay
Ranch Village Ten Sectional Planning Area (SPA, PCM-12-04) Plan and supporting
appendices; including: Public Facilities Finance Plan (PFFP), Affordable Housing Plan,
Resolution No. 2014-236
Pase No. �
.Air Quality Improvement Plan (AQIP), Agricultural Plan. Fire Protection Plan, I�'on-
Renewable Enerm� Consen�ation Plan; Presen�e Edee Plan; and Vdater Consen�ation Plan
(l1'CP); as amended from time to time: and Village Ten Tentative Map (Tn4) CVT-li-O�.
The Project shall compl�� N�th all applicable mitigation measures specified in the
Universin� Villages Project (EIR-li-01) Mitisation Monitoring and Reportins Proeram, as
the�� relate to the Village Ten Sectional�Plannins Area Plan and Tentative Map
Environmental Impact Report to the satisfaction of the De��elopment Ser��ices Director.
8. The Applicant acl:noti�led�es and asrees to comply with the pro��isions of the City of
Chula Vista Greenbelt Master Plan (September 16. 2003) as expressed in the SPA Plan.
9. 7he 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 pro��ide three (3) acres of local parks and related
improvements per 1,000 residents. Local parks are comprised of communin� parks and
neighborhood pazks. O��erall park oblieation shall be met throu�h the pa��ment of fees.
dedication of land, or a combination thereof in a manner acceptable to the Director of
Development Services.
]0. Phasine approved ti�ith the SPA Plan ma�� be amended subject to approva] b��the Director
of De��elopment Sen�ices and the Ciry Engineer.
11. The Applicant shall enter into supplemental agreement(s) ��•ith the Ciri�, prior to appro��al
of each Final Map for any phase or unit, ���hereby:
a. The Developer aaree(s) that the Cih� may ���ithhold building permits for an}� units
N-ithin the Project Site in order to ha��e the Project comply ti�ith the Gro��th
Management Proeram: or, if any one of the follo�vine occur:
i. Regional de��elopment threshold limits set b}� a Chula Vista transportation-
phasing plan, as amended from time ro time, ha��e been reached.
ii. Traffic volumes. level of service. public utilities and/or sen�ices either
exceed the adopted Cin� threshold standazds or fail to comph�H�ith the then
effective Gro�i�h n4anaaement Ordinance and GroH�th Manasement
Proeram and anv amendments thereto. y
iii. The Project's required public facilities. as identified in the Public Facilities
Finance Plan (PFFP), or as amended or othern�ise conditioned; ha��e not
been completed or constructed in accordance ���ith the Project entitlements
induding the Development Aereement to the satisfaction of the Director
of Development Sen�ices and Cit�� Eneineer. The Developer may propose
chanoes in the timine and sequencing of de�elopment and the construction
of improvements affected. In such case, the PFFP may_be amended afrer
revie�v and approval b}� the Cih�`s Director of Development Sen�ices and
the Ciri� Engineer. The De��eloper agree(s) that the Cin� mav ���ithhold
Resolution No. 2014-236
Page No. 6
building permits for any 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 Deve]opment Agreement are not
meeting the Cit}�'s standard operating thresholds. Public utilities shall
include, but not be limited to. air quality, drainage; sewer and water.
12. After 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.
li. The Applicant shal] 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 b}� a licensed 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 deliveq� of combustible materials on any construction site on the
Project, whiche��er occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Marshall. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergenc}� vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of I S 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.
V. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Govemment Code Section 66020(d) (1); NOTICE IS HEREBY GIVEN that
the 90 day period to protest the imposition of any impact fee, dedication, reservation, or
other exaction described in this resolution begins on the effective date of this resolution
and any such protest must be in a manner that complies with Section 66020(a) and failure
to follow timely this procedure will bar any subsequent legal action to attack, set aside,
void or annual imposition. The right to protest the fees, dedications, resen�ations, or
other exactions does not apply to planning, zoning, grading, or other similar application
processing fees or service fees in connection with the project; and it does not apply to any
fees, dedication, reservations, or other ezactions which have been given notice similar to
this, nor does it revive challenges to any fees for which the Stawte of Limitations has
previously espired.
Resolution No. 201�-236
Paee I�'o. 7
VI. E,l'ECUTIO\' OF RESOLUTIO\' OF APPROVAL
The Propem� O�mer and the De��eloper shall execute this document bv signine the lines
pro��ided beloti. said e�:ecution indicatine that the Propem� OHmer and De��eloper have
each read; understood and aareed to the conditions contained in Resolution I�'o.201�}-236,
and H�ill implement same to the satisfaction of the De��elopment Services Director. Upon
esecution, this document and a copy of Resolution No.2014-236 shall be recorded with
the Counn� Clerk of the Counn� of San Diego. at the sole espense of the Propem� O���ner
and/or Developer. and a signed, stamped cop}� retumed to the Cip� Clerk. Failure to retum
a signed and stamped cop}� of this recorded document «�ithin thim� da}�s of recordation to
the Cin� Clerk shall indicate the Propern- OHmer/Developer's desire that the project, and
the correspondine application for building permits and/or a business license. be held in
abeyance �vithout appro��al.
Si�nature of Propem� O��ner Date
i 7Ann . I �, 2015
Sophie Yang
Signature of De<<eloper Date
�G��s����=F/ �. i 3. 2o i 5
Sophie Yang
VII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoine conditions fail to occur, or if they are; b�� their terms, to be
implemented and maintained over time, and an�� of such conditions fail to be so
implemented and maintained according to the their terms, the City shall have the right to
revoke or modifi� all approvals herein granted; dem� or further condition issuance of future
building permits; deny, revoke or further condition all certificates of occupancy issued
under the authority of appro��als herein eranted, instituted and prosecute litieate or compel
their compliance or seek damaees for their ��iolations. \io ��ested righu are gained b��
Applicant or successor in interest bv the Cin�approval of this Resolution.
VIII. INVALIDITY: AUTOn�L4TIC REVOCATION
[t is the intention of the City Council that its adoption of this Resolution is dependent upon
enforceabiliri� of each and every term pro��ision and condition herein stated; and that in the
event tha[ am� one or more terms. pro��isions or conditions aze determined by the Court of
competent jurisdiction to be invalid, illeeal or unenforceable, if the City Council so
determines in its sole discretion. this Resolution shall be deemed to be re��oked and no
further in force or in effect ab initio.
Resolution No. 2014-236
Page No. 8
BE IT FURTHER RESOLVED, that based on the abo��e-referenced Findings and
Conditions oFApproval. the Citi� Council does hereby approve the Village Ten SPA Plan.
Pres nte y Approved asto form by
\
Kell . Broughton, FASLA len R�Googins�
Director of Development Services � � ey
PASSED; APPROVED. and ADOPTED by the City Council of the Cit}� of Chula Vista,
Califomia, this 2nd day of December 2014 by the following vote:
AYES: Councilmembers: Bensoussan, Salas and Cox
NAYS: Councilmembers: Ramirez
ABSENT: Councilmembers: Agui]ar
Patricia Aguilar, Dep ty Mayor
ATTEST:
0
Donna R. Norris. CMC. itv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2014-236 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista Cit}� Council held on the 2nd day of December 2014.
Executed this 2nd dav of December 2014.
_ �
Donna R.Norris, C, ity Clerk 1
Resolution I�'o. 2014-236
Page No. 9
EaHiBIT I
�14y ,�ES Q�
IP�
Ed57 N S7. �
9
i y E p f � ^
� m �
m � �� m `
.-� ro
oE�6��y cau�rou� y�Q �p� '� F�� �
� Q F
805 B � 725 v1u.� �
� �0 10 B.VDRY
t �i \ r
q,YMPIL \ ��G
I����'
� � �i ._
�i� �� �__ /
�u 5? vatc�'�vT� /
r� /—�-or.v� p� ��
� �
� a
PAC.N AVE. � I �
�
�ay Ranch A�undary
H'r4
r
0
orav,+�sa ev.
�
uor ro x.uc