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HomeMy WebLinkAboutItem 8 - Resolution B - Revised RESOLUTION __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE MODIFICATIONS TO THE SUPPLEMENTAL PUBLIC FACILITIES FINANCING PLAN (PFFP) AND FISCAL IMPACT ANALYSIS (FIA) AND APPROVING AMENDMENTS TO THE EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS RELATING TO MODIFICATIONS IN THE OVERALL BUILDOUT INTENSITY, BUILDING HEIGHTS AND DISTRICT 6 REGULATIONS 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 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 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 May 24, 2017 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) establish a maximum land use intensity of 2,983 residential units and 3.324 million square feet of commercial uses with a low build out of 1,236 units of residential and 1.568 million square feet of non-residential land uses; 2) modify design standards to: a. revise the Minimum Average Height on six lots from five stories to four stories and modify the minimum height in feet in the Regulating Plan, b. establish a “height blending” for Districts 6 and 9, and c. establish deviations for setbacks; and 3) revise the Main Street District (District 6) to reduce the amount of non-residential use to a low of 80,000 and high of 100,000 square feet, further modifying Section 02.04.003 of the District Regulations and Design Guidelines; 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 Resolution No. ______ Page 2 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 WHEREAS, no amendments are being proposed at this time to the “Agreement Regarding Construction of Parks in a Portion of the Otay Ranch Eastern Urban Center” (the “Parks Agreement”), which was entered into with original entitlements and subsequently amended twice (once in 2015 and once in 2016), and is based on a build-out of 2,983 residential units (but contemplates the possibility of 2,550 units); 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 previously covered in adopted Second-Tier Final Environmental Impact Report, EIR 07-01 (FEIR). The Director of Development Services has determined that only minor technical changes or additions to this documentthe FEIR 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, pursuant to to CEQA Guidelines Section 15164, has caused the preparation of has prepared an addendum to EIR 07-01FEIR; and WHEREAS, the City Council finds that the Addendum to EIR 07-01FEIR 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 June 13, 2018 on the Project and voted to adopt Resolution No. MPA17-0005 recommending that the City Council amend the EUC SPA Plan and associated regulatory documents inclusive of the Public facilities Financing Plan (PFFP) and updated Fiscal Impact Analysis (FIA); 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 Resolution No. ______ Page 3 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 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 The City Council finds that, in the exercise of their independent review and judgment, the addendum to EIR 07-01the FEIR 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 adopts the Addendum to EIR-07-01the FEIR. III. SPA FINDINGS 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. Resolution No. ______ Page 4 C. THE SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY. The modifications proposed have no change in existing entitlements for residential use and propose a decrease in non-residential use, therefore have no impact on surrounding uses outside of Millenia or on public amenities or infrastructure. IV. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the EUC SPA Plan as amended and shown in Exhibit B, attached hereto and incorporated into this Resolution subject to the conditions set forth below: 1. Prior to the 30th 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 Planned Community (PC) District Regulations. 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. III. APPROVAL OF THE MILLENIA SECTIONAL PLANNING AREA PLAN’S PUBLIC FACILITIES FINANCE PLAN AND FISCAL IMPACT ANALYSIS The City Council approves the EUC SPA Plan PFFP and FIA as amended and shown in Exhibit B, attached hereto and incorporated into this Resolution subject to the conditions set forth below: 1. Prior to the 30th day after the accompanying Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan PFFP and FIA documents 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 Resolution No. ______ Page 5 changes within the EUC SPA PFFP and FIA 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 PFFP ad FIA. 3. The Applicant shall comply with all the conditions of approval of the Otay Ranch EUC SPA Plan incorporated in Resolution 2009-224 and adopted SPA Plan. V. 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 violations. No vested rights are gained by Applicant or any successor in interest by the City approval of this Resolution. VI. 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 of no further force or effect ab initio. BE IT FURTHER RESOLVED that the City Council hereby adopts this Resolution approving the Project Millenia Sectional Planning Area Plan’s Public Facilities Finance Plan and Fiscal Impact Analysis in accordance with the findings and subject to the conditions contained herein. Presented by: Approved as to form by: ______________________ _______________________ Gary Halbert, P.E., AICPKelly Broughton, FSALA Glen R. Googins City ManagerDirector of Development Services City Resolution No. ______ Page 6 Attorney 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 Casillas Salas, Mayor ATTEST: ________________________ Donna NorrisKerry Bigelow, City Clerk