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HomeMy WebLinkAboutItem 1 - Attch 8 - Draft Council OrdinanceATTACHMENT 8 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN TO RELOCATE THE ELEMENTARY SCHOOL SITE TO DISTRICT 5, DELETE A SEGMENT OF MONTAGE AVENUE, ADOPT REVISED PARKING STANDARDS AND TO GIVE THE DIRECTOR OF DEVELOPMENT SERVICES AUTHORITY TO APPROVE FUTURE MILLENIA STREET DELETIONS, AND FUTURE CHANGES TO THE MILLENIA PARKING MANAGEMENT PLAN, INCLUDING THE PARKING STANDARDS. L RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Ordinance is diagrammatically represented in Exhibit 1 attached hereto and incorporated into this Ordinance, and commonly known as the Eastern Urban Center (EUC), and for the purpose of general description herein consists of 207 acres located adjacent to and east of SR -125; adjacent to and west of Eastlake Parkway, south of Birch Road and the Otay Ranch Town Center, and north of the future extension of Main Street ( "Project Site "); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Development Services Department on June 29, 2015 by SLF IV- Millenia, LLC (the "Applicant," "Owner" and "Developer" requesting approval of an EUC Sectional Planning Area (SPA) Plan and Form Based Code (FBC) amendment to (1) relocate the elementary school site from District 9 to District 5, (2) delete a segment of Montage Avenue (between Strata Street and Avant Street) and give the Director of Development Services and City Engineer authority to approve future Millenia street deletions; (3) adopt revised parking standards for Millenia and to give the Director of Development Services authority to approve the Parking Management Plan (PMP) and future changes to the Millenia PMP including the parking standards; and C. Prior Discretionary Approvals WHEREAS, the SPA plan approved by the City in September of 2009 included two potential school sites: A preferred six acre site in the South - Central Residential District (District 9) and an alternative site in the Southwestern Neighborhood District (District 10) should the primary site be rejected by the School District. In September Ordinance No. Page 2 2012, the School District provided formal confirmation that the alternative site in District 10 was no longer needed; therefore, in March 2013 a SPA plan amendment included the elimination of the alternative school site (Resolution 2013-038 and ordinance 3257); and D. Environmental Determination WHEREAS, The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Second Tier Environmental Impact Report, EIR 07 -01. The Director of Development Services has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Section 15162 and 15164 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Director of Development Services has prepared an addendum to the Final Second Tier Environmental Impact Report, EIR 07 -01; and WHEREAS, the City Council finds that the Addendum (IS 15 -0003) to EIR 07 -01 has been prepared in accordance with the requirements of CEQA, and the Environmental Procedures of the City of Chula Vista; and E. Planning Commission Record of Application WHEREAS, the Director of Development Services 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 City, and its mailing to property owners within 500 feet of the exterior boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on July 13, 2016 on the Project to adopt Resolution MPA15 -0009 recommending that the City Council amend the EUC SPA Plan; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project and the minutes and Resolution resulting therefrom, are, incorporated into the record of this proceeding; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearing, together with its purposes given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundaries of the Project Site at least ten (10) days prior to the hearing; and Ordinance No. Page 3 WHEREAS, the duly noticed and called public hearing on the Project was held before the City Council in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. II. NOW THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain as follows: A. CONSISTENCY WITH GENERAL PLAN The City Council finds that the proposed amendment to the Eastern Urban Center Sectional Planning Area (SPA) Plan and Form Based Code (FBC) are consistent with the City of Chula Vista General Plan. The General Plan contains a "floating" location for a required elementary school within the overall 207 -acre EUC. The proposed amendment is to allow for the relocation of the elementary school site from District 9 to District 5. B. APPROVAL OF PROPOSED AMENDMENTS The City Council hereby approves the amendments to the Eastern Urban Center Planned Sectional Planning Area (SPA) Plan and Form Based Code (FBC) as represented in Attachment 2 attached hereto and incorporated herein by this reference. 111. SPA FINDIENGS A. THE SPA PLAN, AS AMENDED, IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN AND ITS SEVERAL ELEMENTS. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and, therefore, the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The Eastern Urban Center SPA Plan as amended, will maintain existing provisions and requirements to ensure the orderly, phased development of the project prior to or current with the need for said public facilities. C. THE SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. Ordinance No. Page 4 The relocation of the elementary school site will not have a negative impact on circulation or land use. The new school location will be bounded on three sides by grade level streets. As a result, there is potential to provide for improved access and circulation patterns. A signalized intersection on Millenia Avenue is also being planned between Optima Street and Strata Street. While the new elementary school site will no longer be located in a residential district, it will be both adjacent to other residential districts, as well as, being centrally located overall within Millenia. The new school location is adjacent to a future park with access to the Regional Trail and an extensive sidewalk and bicycle network. Allowing administrative approval of the deletion of street segments will not cause adverse-impacts in that said requests would require adequate traffic analysis to be provided prior to approval by the Director of Development Services and the City Engineer. V. APPROVAL OF SPA. AMENDMENTS Based on the findings above, the City Council hereby approves the EUC SPA Plan as amended and shown in Exhibit 2 attached hereto and incorporated herein subject to the conditions set forth below: Prior to the 30'x' day after the accompanying Ordinance becomes effective, the Applicant shall prepare a clean copy of the- SPA Plan document by deleting all strike out/underlines and shading. Where the document contains an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the revised text, document format, maps and statistical changes within the EUC SPA and Form Based Code shall be approved by the Director of Development Services for printing prior to incorporating said revisions into the final document. 2. Prior to the 30th day after the accompanying Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the EUC SPA Plan and Form Based Code (FBC). 3. Applicant to comply with all the conditions of approval of the Otay Ranch EUC SPA Plan incorporated in Resolution 2009 -224 and adopted SPA Plan. IV. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all .certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute, litigate or compel their compliance or seek damages for their Ordinance No. Page 5 violations. No vested rights are gained by Applicant or any successor in interest by the City approval of this Resolution. 1111. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney