HomeMy WebLinkAboutReso 2003-166RESOLUTION NO. 2003-166
RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS FOR
MONITORING BUILDING PERMITS BETWEEN TI-IE CITY
OF CHULA VISTA AND TRIMARK PACIFIC AND
MCMILLIN ROLLING HILLS RANCH, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY
WHEREAS, this agreement concerns and affects certain real properties located in Chula
Vista, California, more particularly described on Exhibit "A" of the agreements (referred to
herein as "Properties"), and
WHEREAS, the Properties consist of master planned communities commonly known as
"San Miguel Ranch" and "Rolling Hills Ranch" (referred to collectively as "Projects"). The City
Council approved a General Development Plan, SPA Plan, Public Facility Financing Plans
("PFFP"), and other various entitlements (referred to herein collectively as "Entitlements") for
development of the Projects; and
WHEREAS, in order to mitigate the Rolling Hills Ranch Project, Tentative Map
Condition Nos. 1 and 3 of Section 7 (as amended on June 13, 2000) limits the Rolling Hills
Ranch development to 1,665 Equivalent Dwelling Units (EDU's). In addition, Tentative Map
Condition No. 3 provides that the sequence of mitigation may, at the discretion of the Director of
Planning, be changed if circumstances warrant such revision; and
WHEREAS, in order to mitigate the San Miguel Ranch Project, Tentative Map Condition
No. 5 and Section II 5.4.1.15 of the PFFP (as amended on December 17, 2001), provides as
follows:
Pursuant to Project's approved PFFP, the Project is limited to construction within
the area east of State Route 125 only (Phase areas I, 1I and/or IV) of not more than
892 EDU's prior to the portion of State Route 125 freeway from Olympic
Parkway to State Route 54 opening for public access, but after completion of
Olympic Parkway from Interstate 805 to Hunt Parkway. The EDU's shall be
calculated per the methodology stated in the "East H Street Focus Capacity
Analysis 1999-2005" study prepared by Willdan Associates, dated June 8, 1999.
It is recognized that applicant may request an amendment to this condition subject
to future traffic analysis to the satisfaction of the City Engineer.
WHEREAS, Tentative Map for San Miguel Ranch (condition No. 15) provides that the
sequence of mitigation shall at the discretion of the Director of Planning and Building, be
modified should changes in circumstances warrant such a revision; and
WHEREAS, the City of Chula Vista, California, pursuant to Article XI of the California
Constitution and the City Charter of the City of Chula Vista, may adopt and enforce all
ordinances and regulations with respect to municipal affairs, including the authority to adopt and
enforce general and specific plans, zoning and subdivision regulations, and other land use control
measures to protect and promote the public health, safety and welfare of its citizens; and
Resolution 2003-166
Page 2
WHEREAS, the Growth Managemem Element of the City's General Plan sets forth
goals, policies and objectives which, among other things, ensure that the pace and pattern of
residential development is coordinated with the provision for adequate public facilities and
services. To this end, Growth Management Policy 4.2(e) calls for the use of threshold standards
to define the minimum acceptable level of public facilities and service that maintains a quality
environment while allowing development to continue and to monitor these facilities; and
WHEREAS, the parties to the agreements have reviewed the Traffic Study prepared by
Linscott, Law and Greenspan dated, April 10,2003, and based upon that study has determined
that a certain number of building permits east of Interstate 805, may be issued without exceeding
the City's current ability to provide public transportation facilities concurrent with residential
growth which will not result in a reduction in level of service thresholds (as set forth in the
Growth Management Ordinance) if certain transportation improvemems have been constructed;
and
WHEREAS, the City of Chula Vista enacted the Growth Management Ordinance to
ensure that public facilities, services and improvements meeting City standards exist or become
available concurrent with the need created by new development and to prevent growth which has
been planned for by the City to proceed unless adequate public facilities and improvements are
provided in a phased and logical fashion as required by the General Plan. The Growth
Management Ordinance establishes quality of life threshold for public facilities, and
WHEREAS, the parties to the agreements have determined that residential development
at the current rate will outpace the provision of needed transportation facilities, thereby posing a
substantial risk to the public health and safety of the community. The City Council further
determines and, developers concur, that in compliance with the Projects mitigation measures,
that the change in sequence of mitigation in accordance with the Traffic Study shall protect the
public health and safety by preventing the rate of development from exceeding the ability to
provide public facilities in an orderly and phased manner consistent with the intent and purpose
of said mitigation measures, Growth Management Ordinance and Growth Management Element
of the Progress Guide and General Plan; and
WHEREAS, the agreemems will protect the public health and safety, as shown on the
Traffic Study by preveming the rate of development from exceeding the ability to provide public
facilities in an orderly and phased manner consistent with the intent and purpose of the measure,
Growth Managemem Ordinance and Growth Management Element of the Progress Guide and
General Plan; and
WHEREAS, to ensure the maintenance of the Chula Vista Quality of Life Threshold
Standards, meet the mitigation requirements of the Projects, and stabilize the rate of residential
development within the eastern Chula Vista, the City, Developer and other developers within
eastern Chula Vista, determine it is necessary to undertake steps to implement a program, as set
forth in this agreement, for monitoring of building permits in order to implement the Growth
Management ordinance and mitigation of its Project ("Monitoring Program"); and
WHEREAS, the Environmemal Review Coordinator has determined that any impacts
associated with the Project have been previously addressed in the following documents: San
Miguel Ranch Sectional Planning Area Plan and Tentative Maps Final Subsequent
Environmental Impact Report, FEIR-97-02; Annexation/General Development Plan/Pre-Zone
Final Environmental Impact Report, EIR-98-03; Rolling Hills Ranch (Salt Creek Ranch)
Sectional Planning Area (SPA) Plan Final Supplemental Environmental Impact Report,
EIR-91-03; and Mitigated Negative Declaration IS-00-05; and has, therefore, prepared
Resolution 2003-166
Page 3
addendums to said environmental documents. The project is in substantial conformance with the
analysis in these documents, and therefore, approval and implementation of the Project does not
change the basic conclusions of these documents. The addendums have been prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA), State
EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and
NOW, THEREFORE BE IT RESOLVED that from the facts presented to the City
Council, the Council hereby approves the agreement to monitor building permits between City of
Chula Vista and Tfimark Pacific and McMillin Rolling Hills Ranch, on file at the City Clerk's
office.
BE IT FURTHER RESOLVED the City Council hereby finds that the addendums have
been prepared in accordance with the requirements of CEQA, the State EIR Guidelines and the
Environmental Review Procedures of the City of Chula Vista.
BE IT FURTHER RESOLVED the City Council finds that the addendums to
Environmental Impact Reports (FEIR-97-02, EIR-98-03, EIR-91-03) and Mitigated Negative
Declaration (IS-00-05), reflect the independent judgment of the City Council of the City of
Chula Vista and hereby adopts the addendums.
BE IT FURTHER RESOLVED the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Planning & Building Director
Ann Moore
City Attorney
Resolution 2003-166
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of April, 2003, by the following vote:
ATI'EST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann and Padilla
None
None
~a, Mayo~~
Susan Bigelow, City Clc~
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. 2003-166 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of April, 2003.
Executed this 15th day of April, 2003.
Susan Bigelow, City Cl~rk