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HomeMy WebLinkAboutItem 1 - Attch 7 - Draft City Council ResolutionATTACHMENT 7 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING AN ADDENDUM (IS -15- 0003) TO THE SECOND -TIER FINAL ENVIRONMENTAL IMPACT REPORT (EIR 07 -01) FOR THE SECOND AMENDMENT OF THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND FORM BASED CODE (FBC). I. RECITALS A. Project Site WHEREAS, the area of land that is the subject of this Resolution is diagrammatically represented in Exhibit 1 attached hereto and incorporated into this Resolution, 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 cast 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 Millenia elementary school site from the South Central Neighborhood District (District 9) to the Mixed Use Civic /Office Core District (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 the authority to approve future Millenia street deletions and (3) to adopt revised parking standards for Millenia and to give the Director of Development Services the authority to approve the Millenia Parking Management Plan (PMP) and future changes to the PMP including parking standards; and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: 1) a SPA Plan including Public Facilities Financing Plan, Affordable Housing Program and other regulatory documents approved by City Council Resolution No. 2009 -224 on September 15, 2009; and 2) Planned . Community District Regulations approved by City Council Ordinance No. 3142 on October 6, 2009; and 3) SPA Plan Amendment approved by City Council Ordinance No. 3257 and City Council Resolution No. 2013 -038 in March 2013; and Resolution No. Page 2 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 previously covered in adopted Second -Tier Final 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 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Services Director has prepared an addendum (IS 15 -0003) to EIR 07 -01; and WHEREAS, the City Council finds that the Addendum (IS 15 -003) 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 and voted to adopt Resolution No. 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 purpose 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 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 Resolution No. Page 3 public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds, determines, and resolves as follows: , II. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the Preliminary Environmental Review of the Project conducted by the Director of Development Services for compliance with the California Environmental Quality Act (CEQA), and has determined that the Project was covered in the adopted Second -Tier Final Environmental Impact Report, EIR 07 -01 adopted by the Chula Vista City Council in September 2009. The Development Services Director has determined that only minor technical changes or additions to this document are necessary and that none of the conditions described in Sections 15162 and 15164 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; therefore, the Development Services Director has prepared an Addendum (IS 15- 0003) to EIR 07 -01. That the City Council in the exercise of their independent review and judgment as set forth in the record of its proceedings, considered the Addendum to EIR 07 -01, in the form presented, which has been prepared in accordance with requirements of the CEQA and the Environmental Review Procedures of the City of Chula Vista and does hereby adopt the Addendum (IS 15 -0003) to EIR 07 -01. BE IT FURTHER RESOLVED that the City Council hereby adopts this Resolution considering the Addendum (IS -15 -0003) to the Second -Tier Final Environmental Impact Report (EIR 07 -01) for the Eastern Urban Center Sectional Planning Area (SPA) Plan and Form Based Code (FBC) in accordance with the findings and subject to the conditions contained herein. Presented by: Gary Halbert, P.E., AICP City Manager Approved as to form by: Glen R. Googins City Attorney. Resolution No. Page 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this day of by the following vote, to -wit: AYES: Council members: NAYS: Council members: ABSENT: Council members: ABSTAIN: Council members: Mary Salas, Mayor ATTEST: Donna Norris, City Clerk