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HomeMy WebLinkAboutReso 2002-264 RESOLUTION 2002-264 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-01-042; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP; AND ADOPTING A NEW SECTIONAL PLANNING AREA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 68.1 ACRES AT THE NORTHEAST AND NORTHWEST CORNERS OF OTAY LAKE ROAD AND EASTLAKE PARKWAY I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in "Exhibit A", a copy of which shall be kept on file in the office of the City Clerk, and commonly known as EastLake I Activity Center, and for the purpose of general description herein consist of 54.5 acres at the northwest corner and 13.6 acres at the northeast corner of Otay Lakes Road and EastLake Parkway within the EastLake Planned Community ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, duly verified application was filed with the City of Chula Vista Planning Department on February 23, 2001 by The Easflake Company ("Developer") requesting amendments to the City's General Plan, EastLake II General Development plan, Eastlake II Planned Community District Regulations. The Developer also requested approval of a new Sectional Planning Area (SPA) plan and associated regulatory documents, including design guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for 68.1 acres located at the northeast and northwest corner of Otay Lakes Road and EastLake Parkway ("Project); and C. Prior Discretionary Approvals WHEREAS, prior discretionary action of the development of the EastLake I portion of the Project Site has been the subject matter of prior General Development Plan and Sectional Planning Area (SPA) plan, EastLake II General Development Plan, Planned Community District Regulations and Land Use District Map amendments, EastLake II Planned Community District Regulations, resulting in the current land use designations, all previously approved by City Council Resolution No. 16702 and Ordinance No. 2522 on July 6, 1992; 2) a prior Development Agreement Between the City of Chula Vista and the Kaiser Foundation Hospitals previously approved by City Council Ordinance 2522 on July 6, 1992; and D. Planning Commission Record of Application Resolution 2002-264 Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 10, 2002 and voted 5-0-2 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on July 10, 2002 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and E. 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 hearings, 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 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: H. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-01-042) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-01-042). III. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council does hereby find that in the exercise of their independent review and judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-01- 042) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. IV. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in Exhibit "B," a copy of which shall be kept on file in the office of the City Clerk, to change the land use designation of 16.4 acres at the northeast corner of EastLake Parkway and the future State Route 125 freeway from Commercial Retail to Research and Limited Manufacturing. V. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan consistency is internally consistent and shall remain internally consistent following the amendments thereon in this Resolution. VI. GENERAL DEVELOPMENT PLAN FINDINGS Resolution 2002-264 Page 3 - THE PROPOSED DEVELOPIVIENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITll ~ PROVISIONS OF TI-IE CHULA VISTA GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflects the land use, circulation system and public facilities that are consistent with the CiW's General Plan as proposed to be amended. PLANNED COMM1JNITY CAN BE INITLATED BY ESTABLISHIVIENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. A sectional Planning Area Plan has been previously established for the Project Site, and a new Supplemental Sectional Planning Area plan, which is a continuation of the EastLake I SPA plan policies and development regulations, is included with the proposed project. LN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL F_aNVIRONIVIENT OF SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN HARIVIONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POLPULATION AND APPF_~ ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The project does not involve residential development. VII. ADOPTION OF flaMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. VIH. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLPflSIS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLA2q. The new Village Center North SPA Plan reflect the land use, circulation system and public facilities that are consistent with the EastLake II General Development Plan and the City of Chula Vista General Plan as proposed to be amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNRqG AREAS. The new SPA plan includes a Supplemental Public Facilities Finance Plan that outlines the required irffrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development of the Project. Resolution 2002-264 Page 4 C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Land uses within the EastLake I Village Center Supplemental SPA plan represent the circulation system and overall land use intent as previously envisioned in the EastLake II General Development Plan. Thus, the new SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The orientation and configuration of the northerly 16.4 acres is substantially more suitable for employment land use and more compatible with the EastLake Business Center to the north and east. Thus, changing the previously adopted land use designation from Public Quasi-Public to Research and Limited Manufacturing is appropriate in area, and will not affect the surrounding areas. This added acreage will contribute substantially to achieve the city's economic development goals and objectives. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE 1N AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The orientation and configuration of the northerly 16.4 acres is substantially more suitable for employment land use and more compatible with the EastLake Business Center to the north and east. Thus, changing the previously adopted land use designation from Public Quasi-Public to Research and Limited Manufacturing is appropriate in area, and will not affect the surrounding areas. This added acreage will contribute substantially to achieve the city's economic development goals and objectives. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Project Site will be served by two major streets: EastLake Parkway and Otay Lakes Road. The western parcel's main access is along Otay Lakes Road with secondary access points along EastLake Parkway. Otay Lakes Road, which is a 6-lane Prime Arterial road will be widened to seven lanes to accommodate a queuing lane for the future State Route 125 freeway on-ramp and acceleration and de-acceleration lanes for the commercial center site (Western ParCel). EastLake Parkway will also be widened to five lanes to accommodate the required turning lanes at the intersection with Otay Lakes Road. Regional access will be provided primarily by Interstate 805 located approximately 5 miles to the west, and eventually by the future State Route 125, immediately adjacent to the west. Required improvements installation timing and financing mechanism are discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic thereon. Resolution 2002-264 Page 5 G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION (S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILI'IIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION (S). The proposed amendments increase the acreage designated Commercial Retail to allow for a major commercial center development to provide needed commercial facilities, such as a major depa,hnent store, and facilities, including restaurants and other s'anilar uses, to complement the existing neighborhood serving commercial center. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding areas, and therefore said development can be planned and zoned in coordination and substantial compatibility with said development. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the EastLake Greens and EastLake Trails SPA amendments and adopts the new EastLake II Sectional Planning Area SPA plan and the Design Guidelines, Public Facilities Financing Plan, Supplemental Public Facilities Finance Plan, Air Quality and Water Conservation Plans, all as presented in "Exhibit C", a copy of which shall be kept on file in the office of the City Clerk, subject to the conditions set forth below: IX. SPA PLAN CONDITIONS OF APPROVAL 1. Provide a 50-space park and ride facility within the Western Parcel and a 10-space facility in the Eastern Parcel. The exact location, configuration, maintenance responsibility and ownership of the facility shall be defined as part of the precise plan (DRC) for each individual Parcel. 2. The EastLake Company shall design and construct a bus stop, shelter, trash receptacle and bench at the location designated by the City's Transit Coordinator on Otay Lakes Road. 3. Implement the Federal and State mandated conservation measures outlined in the EastLake I Supplemental Water Conservation Plan. 4. Implement the non-mandated water conservation measures, which include 1) Hot Water Pipe Insulation, 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant Landscaping. 5. Prior to approval of building permits for each phase of the project, the applicant shall demonstrate that air quality control measures outlined in the EastLake I Supplemental Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 6. Trash collection areas shall be covered, bermed or other approved method as approved by the City Engineer to prevent runoff of polluted water across paved areas into the storm drainage systems. Resolution 2002-264 Page 6 X. 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 shall 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 violations. No vested rights are gained by Developer or successor in interest by the City approval of this Resolution. XI. INVAI.IDITY; AUTOMATIC REVOCATION It is the intention of the City 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 Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented by Approved as to form by Robert A. Leiter Planning Director ~ Attorney Resolution 2002-264 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of July, 2002, by the following vote: AYES: Councilmembers: Davis, Padilla, Rindone and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: Horton ATTEST: Susan Bigelow, City ClerlP STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2002-264 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of July, 2002. Executed this 23rd day of July, 2002. Susan Bigelow, City Clerk