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HomeMy WebLinkAboutReso 2003-140 RESOLUTION NO. 2003-140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GENERAL PLAN LAND USE DIAGRAM, EASTLAKE II AND III GENERAL DEVELOPMENT PLANS AND EASTLAKE II AND III SECTIONAL PLANNING AREA PLANS, AND ASSOCIATED REGULATORY DOCUMENTS I. RECITALS A. Project Site WHEREAS the areas of land, which am the subject of this resolution are diagrammatically represented in Exhibit A and incorporated herein by this reference and for the purpose of general description herein consists of 4.4 acres known as portion of Parcel GPQ-2 in the EastLake Greens, and located on the east side of the future EastLake Parkway, approximately 2,100 feet north of Olympic Parkway, within the EastLake Green Planned Community (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS the proposed amendment to the General Plan Land Use Diagram consists of changing the land use designation of said 4.4-acre parcel from Public/Quasi-public to Medium High Density Residential (11-18 du/ac); and WHEREAS the proposed amendments to the EastLake II General Development Plan (GDP) consist of: 1) changing the land use designation of the project site from Public/Quasi- public to Medium High Density Residential (11-18 du/ac); and 2) modify Section 1.1.11.3 of the EastLake II GDP and the same section of the EastLake III GDP, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and eliminate the site as a potential Community Purpose Facility site; and WHEREAS the proposed amendments to the EastLake II Sectional Planning Area Plan consists of.' 1) amending the Site Utilization Plan to merge the southern 4.4 acres of Parcel GDP-2 with the southerly adjacent GR-9 parcel, resulting in a decrease in acreage for Parcel GPQ-2 from 15.8 to 11.4 acres, and an increase for Parcel GR-9 from 65 to 69.4 acres; and 2) modify Section 11.2.7.13 of the EastLake II (EastLake Trails Neighborhood Plan) and the same section of EastLake III Sectional Planning Area Plan, Community Purpose Facilities Master Plan, to reflect the reduction of 4.4 acres and the elimination of the site as a potential Community Purpose Facility site (Projects); and C. Prior Discretionary Approvals WHEREAS the development of the project site has been the subject matter of various entitlements and agreements, including: 1) amended EastLake II General Development Plan (GDP) approved by City Council by Resolution No. 2002-64 on July 23, 2002; 2) EastLake II Sectional Planning Area (SPA) Plan approved by City Council Resolution No. 2002-151 on May 7, 2002; 3) EastLake Greens Neighborhood, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan" all adopted by Resolution 19275 on March 24, 1998; 4) amended EastLake Resolution 2003-140 Page 2 Comprehensive Affordable Housing Program adopted by City Council Resolution 2001-220 on July 17, 2001; and 5) amended EastLake II Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2863 on August 6, 2002; and D. Planning Commission Record of Application WHEREAS the Planning Commission held an advertised public hearing on said project on April 2, 2003, and after hearing staff presentation and public testimony and considering the Addendum to FSEIR 86-04 and FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009), voted (4-0-2) to recommend that the City Council approve the project in accordance with the findings listed below; and E. City Council Record of Application WHEREAS a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on April 8, 2003 on the project discretionary approval applications, and to receive the recommendation of the Planning Commission and to hear public testimony with regard to same; and, WHEREAS the City Clerk set the time and place for the hearing on the project applications and notices of said hearings, together with its purposes 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 sites at least 10 days prior to the hearing. NOW THEREFORE BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. PREVIOUS FSEIR 86-04 AND FSEIR 97-04 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The Environmental Review Coordinator has determined that any impacts associated with the project have been previously addressed by the FSEIR 86-04, Supplemental Environmental Impact Report for the EastLake Greens Sectional Planning Area (SPA) Plan and FSEIR 97-04, Final Subsequent Environmental Impact Report for the EastLake Trails/Greens Replanning Program, and has, therefore, prepared an addendum to said FSEIR's. The Project is in substantial conformance with the analysis in the FSEIR's and, therefore, approval and implementation of the Project does not change the basic conclusions of these FSEIR's. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State Environmental Impact Report (EIR) Guidelines and the Environmental Review Procedures of the City of Chula Vista; and III. COMPLIANCE WITH CEQA The City Council does hereby find that the Addendum IS-03-009 has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the Addendum to FSEIR 86-04 and FSEIR 97-04 for the Land Swap Residential Project (IS-03-009) reflect the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to FSEIR 86-04 and FSEIR 97-04. Resolution 2003-140 Page 3 V. APPROVAL OF GENERAL PLAN AMENDMENT The City Council approves amendments to the Chula Vista General Plan Land Use Diagram, as diagrammatically represented in Exhibit B, to change the land use designation of the Project Site from Public/Quasi-public to Medium Density Residential. VI. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent folio.wing amendments thereof by this resolution. VII. GENERAL DEVELOPMENT PLAN FINDINGS/APPROVAL A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN, AS AMENDED. EastLake II and EastLake III The proposed Project includes a request to amend the General Plan Land Use Diagram to reflect the applicant's request to change the land use designation of the Project Site from Public/Quasi-public to Residential Multi-family Medium High Density. Thus, the proposed amendments to the EastLake II and EastLake III General Development Plans are in substantial conformance with the adopted General Plan as proposed to be amended. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. EastLake II and III The EastLake II Sectional Planning Area (SPA) Plan was established in 1989 and 2000, respectively, and both SPAs are currently being developed. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS, ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO TI-IE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. EastLake II and EastLake III The project site is located immediately adjacent to an existing multi-family residential site with a density range of 11-18 du's per acre. The proposed land use change, which is primarily to adjust the excess acreage designated for Community Purpose Facilities in EastLake is an extension of the existing multi-family site to the south and properly located in close Resolution 2003-140 Page 4 proximity to schools, parks, commercial centers and local and regional transportation corridors. Thus, the proposed land use change is consistent with the housing goals and objectives described in the Housing Element of the General Plan. D. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II and III General Development Plans are hereby approved and adopted in the form presented as Exhibit C and referenced on file in the office of the City Clerk. VIII. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN EastLake II and EastLake III Sectional Planning Area (SPA) Plan The SPA Plan is proposed to be amended to reflect the proposed amendments to the General Plan and EastLake II General Development Plan. Thus, the amendments to the EastLake II and EastLake III SPA Plans will be consistent with the General Plan and EastLake II General Development Plans, as proposed to be amended. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The development of the Project Site is subject to the requirements, restrictions and limitations prescribed in the EastLake II and EastLake III Public Facilities Finance Plan (PFFP), and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE II AND III SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The project site land use designation is the same as the southerly adjacent parcel, and is separated from single-family residential lots to the east by a 200-foot wide utility easement. The land uses to the north include a religious institution across the utility easement; to the west a water storage tank across EastLake Parkway, which is a 4-lane prime arterial. Thus, the proposed Multi-family Residential land use designation is compatible with surrounding land uses and is adjacent to public transportation corridors, a future commercial center and other public facilities, resulting in a desirable environmental quality. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. Resolution 2003-140 Page 5 E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL AND OTHER SIMILAR NON-RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The proposed amendments do not involve Institutional, Recreational or similar uses. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. Road improvements will be constructed per the timing requirements outlined in the EastLake Greens Public Facilities Financing Plan and/or as modified by condition of approval of the Tentative Subdivision Map, which delineates more specifically the required infrastructure improvements and installation timing in conjunction with proposed residential development. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendments do not involve commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT COULD BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The surrounding area is already zoned and incorporated into a Sectional Planning Area Plan. As indicated above, the new land use designation for the project site is the same as the southerly adjacent parcel, and therefore compatible with the expected development in the immediate vicinity. I. In light of the findings above, the City Council does hereby approve the EastLake II and III SPA amendments. IX. SPA CONDITION OF APPROVAL 1. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in EIR 86-04 and EIR 97-04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Programs and as incorporated by reference in the Addendum to EIR 86-04 and EIR 97-04 (IS-02-009). Any such measures not satisfied by a specific condition of this resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with EIR 86-04 and EIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. (Planning 8: Building) X. 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 Resolution 2003-140 Page 6 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 fights are gained by Developer or successor in interest by the City approval of this resolution. XI. INVALDITY; 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 the Court of Competent Jurisdiction to be invalid, illegal or unenforceable, if the City so determined in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect. Presented by Approved as to form by Robert A. Leiter Ann Moore Planning & Building Director City Attorney Resolution 2003-140 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of April, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None £ Steph~e ~!p a~di~l~ ,~~&~-~ ATTEST: Susan Bigelow, City Clerk % 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. 2003-140 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of April, 2003. Executed this 8th day of April, 2003. Susan Bigelow, City Clerk CHUL~ VISTA COMMUNFI'( EASTLAKE HIGH SCHOOL OTAY RANCH VILLAGE FIVE GPIGDPISPA GREENS OTAY WATER Amendment DISTRICT for 4.4 acres site PARK PROPOSED FRELCWAY COMMERCIAL OTAY RANCH VILLAGE SIX OTAYRANCH ~LLAGE ELEVEN CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR r'.OJEC~ PROJEm DESC~.,.U.: ~ ~J'PUC~N'T:THE EASTLAKE COMPANY, LLC AMENDMENTS North of (~ymp[c Par~, East of the future PROJECT ~l~c~ment of Eas~lake Parkway V~.~st of the ADDRESS: &E/CWA Easemen, n the southern portion RE}que~ The proposed amendment to the General Plan, of the Eestlake Greens Community. EastlakellGDP/SPAtochangelandusedesignaflonof4., SCN.E: ;Tom Public Quasi-Public/Cpp to Medium High residential NORTH No Scale PCM-03-10 11-16 du/ac). 0 O. 0 ~L (1/28/03) EXHIBIT 13