HomeMy WebLinkAboutReso 2018-136RESOLUTION 2018-136
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
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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
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 the 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 CEQA Guidelines Section 15164, has caused
the preparation of an addendum to FEIR; and
WHEREAS, the City Council finds that the Addendum to FEIR 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
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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 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 the 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 the FEIR .
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 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 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
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.
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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 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.
IV. 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 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.
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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. 2018-136 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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