HomeMy WebLinkAboutReso 2018-135RESOLUTION NO. 2018-135
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSIDERING THE ADDENDUM TO EIR 07-
01 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
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
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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 to EIR 07-01; and
WHEREAS, the City Council finds that the Addendum 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 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
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 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:
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II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council finds that, in the exercise of their independent review and
judgment, the addendum to EIR 07-01 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-07-01.
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.
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
on file in the Office of the City Clerk, 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.
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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.
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 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 in accordance with the findings and subject to the conditions contained
herein.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of July 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-135 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 10th day of July 2018.
Executed this 10th day of July 2018.
Kerry K. Bigelow, MMC, City Clerk
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Exhibit A
Project Locator Map
Millenia / EUC
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