HomeMy WebLinkAboutReso 2018-085RESOLUTION 2018-085
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A NEW PORTION OF VILLAGE
FOUR SECTIONAL PLANNING AREA (SPA) PLAN, AND
ASSOCIATED REGULATORY DOCUMENTS
I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is
diagrammatically represented in Exhibit A, attached hereto and incorporated herein by this
reference, and commonly known as the Portion of Village Four Sectional Planning Area
(SPA) Plan, and for the purpose of general description, consists of approximately 166 acres
located on the east side of Wolf Canyon, straddling the future extension of Main Street from
La Media Road to the north and to Heritage Road to the southwest (Project Site); and
B. Project; Application for Discretionary Approvals
WHEREAS, duly verified applications were filed with the City of Chula Vista
Development Services Department on March 12, 2015 by Otay Valley Quarry, LLC (the
“Applicant, Owner, and Developer”) requesting adoption of a new Portion of Village
Four SPA Plan and Portion of Village Four Planned Community District Regulations and
associated regulatory documents (Project); and
C. Planning Commission Record of Application
WHEREAS, the Development Services Director set the time and place for a
Planning Commission 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 the
Project and voted 5-0-2 to forward a recommendation to the City Council on the Project;
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 these proceedings; and
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D. 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 boundary 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 in the Council Chambers located at Chula Vista Civic Center, 276
Fourth Avenue, Chula Vista, CA 91910, to receive the recommendations of the Planning
Commission, and to hear public testimony with regard to the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista that it hereby finds and determines as follows:
II. CERTIFICATION OF COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
That the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that, in light of the whole record, the Project may have a significant effect on the
environment; therefore, the Development Services Director has caused the preparation of
an Environmental Impact Report, EIR 17-0001.
That the City Council of the City of Chula Vista reviewed, analyzed, considered,
approved and certified the Final EIR 17-0001, made certain Findings of Fact, adopted a
Statement of Overriding Considerations and a Mitigation Monitoring and Reporting
Program for the Project pursuant to CEQA.
III. SPA FINDINGS/APPROVAL
A. THE SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE
OTAY RANCH GENERAL DEVELOPMENT PLAN, AS AMENDED, AND
THE CHULA VISTA GENERAL PLAN
That the SPA Plan for the Portion of Village Four proposes three residential zoning
designations whose density ranges are consistent with the allowable density of the Otay
Ranch GPD (ORGDP), as amended, and the existing General Plan. The current ORGDP
consists of one residential designation for Village Four which is Low Medium Density
Residential (LM); the proposed amendment would add two additional residential
categories: Medium-High (MH) and High-Density (H). All three densities are consistent
with the Chula Vista General Plan designation of Residential Low Medium (RLM),
allowing for a maximum of 453 units within the overall Village Four, of which this SPA
would contain a total of 350 units.
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That the proposed density increase would not result in any significant land use, planning,
or zoning impacts. Such an increase furthers the GDP policy objective for “Urban
Villages” to have “higher densities and mixed uses in the village cores” and to “provide a
wide range of residential housing opportunities…which promotes a blend of multi -family
and single-family housing styles and densities, integrated and compatible with other land
uses in the area.” The proposed density increase would also support Smart Growth
Principles, as it provides compact development oriented to pedestrians, bicyclists and
transit, and would further minimize urban sprawl development patterns. The proposed
changes would also provide more land use diversity, increase pedestrian orientation and
make commercial uses in the immediately adjacent Village 8 West more viable.
That all off-site public streets required to serve the subdivision already exist or will be
constructed or funded by the Applicant in accordance with the Public Facilities Finance
Plan (PFFP) and Conditions of Approval. The on-site public streets are designed in
accordance with the City design standards and/or requirements and provides for vehicular
and pedestrian connections.
B. THE SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIAL
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS
That the requested adoption of the Portion of Village Four SPA Plan relies on a combination
of the proposed Portion of Village Four PFFP to outline infrastructure required to serve the
entire Project, along with the timing of installation and the financing mechanisms to
promote the sequential development of the Project. Development of the 350 units will occur
in an orderly, sequential manner as part of the overall development of the Portion of Village
Four.
C. THE OTAY RANCH PORTION OF VILLAGE FOUR SPA WILL NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY
That the proposed land use and development standard provisions within the Project Site
have been fully analyzed and will not adversely affect the circulation system and overall
land use as previously envisioned in the ORGDP and in the Portion of Village Four SPA
Plan. The existing infrastructure (sewer, water, public services and facilities) has been
determined to be adequate to serve the proposed Project, as described in the PFFP.
Additionally, a Water Quality Technical Report, Traffic Impact Study, Noise Impact
Study, Air Quality and Global Climate Change Report, Water Service Technical
Memorandum and Sewer Service Technical Memorandum have been prepared, reviewed
and approved. An Environmental Impact Report has been prepared and certified and the
City Council has determined that any impacts associated with the proposed Project have
been addressed and that the SPA will not adversely affect the adjacent land uses,
residential enjoyment, circulation or environmental quality of the surrounding uses.
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IV. APPROVAL OF SPA PLAN
BE IT FURTHER RESOLVED, that based on the findings above, the City Council
hereby adopts the new Portion of Village Four SPA Plan shown in Attachment 4 (SPA
Document) on file in the Office of the City Clerk, subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in the Final EIR (FEIR
17-0001), to the satisfaction of the Development Services Director, or designee.
2. All the terms, covenants and conditions contained herein shall continue to 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 Project Site.
3. Prior to approval of Building Permits for each phase of the Project, the Applicant shall
demonstrate that the air quality control measures outlined in the Otay Ranch, Portion of
Village 4 SPA Plan Air Quality Technical Report pertaining to the design, construction
and operational phases of the Project, have been incorporated into the Project design.
4. Prior to issuance of the 151st Building Permit, the Applicant shall construct the CPF-2
site consistent with Figure 4.2 of the Planned Community District Regulations.
5. Prior to issuance of each Building Permit, in order to address projected Project revenue
shortfalls (per Chula Vista Municipal Code Section 19.09.060(J)) as identified in the
Financial Impact Analysis portion of the PFFP, the Applicant shall pay a fee in the
amount of $85.00 per dwelling unit.
6. Prior to approval of the first Final Map for the Project, the Applicant shall enter into a
Balanced Communities Affordable Housing Agreement, in compliance with applicable
City and State of California regulations. Such agreement shall identify methods of
compliance as set forth in Appendix H, “Affordable Housing Program,” including either
providing affordable housing at an “On-Site” location, “Off-Site” location or payment of
an in-lieu housing fee to be paid upon issuance of Building Permits.
7. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and
hold harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from (a) City’s approval of the Project;
(b) City’s approval or issuance of any other permit or action, whether discretionary or
nondiscretionary, in connection with the use contemplated on the Project Site; and (c)
approval of any CEQA action, including, certification of Final EIR 17-0001. The Property
Owner and Applicant shall acknowledge their agreement to this provision by executing a
copy of this Resolution where indicated. The Property Owner’s and Applicant’s compliance
with this provision shall be binding on any and all of the Property Owner’s and Applicant’s
successors and assigns.
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VIII. INVALIDITY; 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 a 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 ab initio.
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EXHIBIT A – SITE LOCATION MAP
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