HomeMy WebLinkAboutReso 2003-167RESOLUTION NO. 2003- 167
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS FOR
MONITORING BUILDING PERM1TS FOR EASTLAKE III,
OTAY RANCH VILLAGE 6, OTAY RANCH VILLAGE 11,
AND BELLA LAGO, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY
WHEREAS, the agreements concern and affect certain real properties located in Chula
Vista, California, more particularly described on Exhibit "A" of the agreements (referred to
collectively as "Properties"); and
"Otay
herein
Plans,
herein
WHEREAS, the Properties consist of master planned communities commonly known as
Ranch Village 6", "Otay Ranch Village 11", "Eastlake III" and Bella 1.ago (referred to
collectively as "Projects"). The City Council approved General Development Plans, SPA
Public Facility Financing Plans ("PFFP"), and other various entitlements (referred to
collectively as "Entitlements") for development of the Projects.
WHEREAS, the mitigation identified by the Projects' Environmental Impact Reports
(EIR's) and Tentative Map Conditions provides as follows:
Prior to the construction of State Route 125, the City shall stop issuing new building
permits when the City, in its sole discretion, determines either;
Building permits for a total of 9429 dwelling units have been issued for projects east of
Interstate 805, or
b)
An alternative measure is selected by the City in accordance with the City of Chula Vista
Growth Management Ordinance.
Start date for counting the 9429 dwelling units is January 1, 2000. Notwithstanding the
foregoing, the City may issue building permits if the City Council decides in its sole discretion
that either; the circulation system has additional capacity without exceeding the Growth
Management Oversight Committee (GMOC) traffic threshold standards based upon traffic
studies approved by the City Engineer; other improvements are constructed which provide
additional necessary capacity; or the City selects an alternative method of implementing the
GMOC standards.
WHE~, 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 enfome 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
WHEREAS, the Growth Management 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
Resolution 2003-167
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WHEREAS, the City of Chula Vista enacted the Growth Management Ordinance m
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 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 improvements have been constructed; 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 concurs, that in compliance with the Projects mitigation measures,
an alternative measure is necessary as set forth in the Projects' entitlements. This measure shall
protect the public health and safety as shown in the Traffic Study, 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, to ensure the maintenance of the Chula Vista Quality of Life Threshold
Standards, meet the mitigation requirements of development 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 necessary to implement a
program as set forth in this agreement for monitoring of building permits in order to implement
the Growth Management ordinance and the Project's Mitigation requirements ("Monitoring
Program").
WHEREAS, the Environmental Review Coordinator has determined that any impacts
associated with the Project have been previously addressed in the following documents: Second
Tier Environmental Impact Report for the Otay Ranch GDP Amendments/Village 11 Sectional
Planning Area Plan, Conceptual Tentative Map, EIR-01-02; Final Second Tier Environmental
Impact Report for Otay Ranch Village 6, EIR-98-01; Final Subsequent Environmental Impact
Report for EastLake III Woods and Vistas Replanning Program, EIR-01-01; Final Environmental
Impact Report for the Bella Lago Precise Plan, Rezone, and Tentative Subdivision Map,
EIR-02-05; and has, therefore, prepared addendums to said environmental documents (referred
to herein collectively as "Addendums"). The Projects are in substantial conformance with the
analysis in these documents, and therefore, approval and implementation of the Projects do 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 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 Chuia Vista.
BE IT FURTHER RESOLVED, that the City Council finds that the Addendums to
Environmental Impact Reports (EIR-01-02, EIR-98-01, EIR-01-01, EIR-02-05), reflect the
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Page 3
independent judgment of the City Council of the City of Chula Vista and hereby adopts the
Addendums.
NOW, THEREFORE BE IT RESOLVED, that from the facts presented to the City
Council, the Council hereby approves agreements for the Monitoring of Building Permits with
the Developers of Bella Lago, Otay Ranch Village 6 (McM/llin Otay Ranch and Otay Project,
L.P.), Otay Ranch Village 11 (Brookfield Shea Otay), and Eastlake III (the Eastlake Company)
on file at the City Clerk's office.
BE IT FURTHER RESOLVED, that 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
Robert A. Leiter
Planning & Building Director
Ann Moore
City Attorney
I
Resolution 2003-167
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:
ATrEST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann and Padilla
None
None
Stephen ~'adilla, Mayor ~
Susan Bigelow, City Cld~
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. 2003-167 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 Clerk