HomeMy WebLinkAboutReso 2020-033RESOLUTION NO. 2020-033
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE OTAY RANCH VILLAGE
EIGHT WEST SECTIONAL PLANNING AREA (SPA) PLAN
(MPA19-0011), INCLUDING THE PLANNED COMMUNITY
DISTRICT REGULATIONS/DESIGN PLAN (FORM BASED
CODE), TO REZONE A PLANNED MIDDLE SCHOOL SITE
FROM “TOWN CENTER” TO “MEDIUM-HIGH
RESIDENTIAL,” TRANSFER 284 RESIDENTIAL UNITS
FROM VILLAGE EIGHT EAST TO VILLAGE EIGHT WEST,
REDISTRIBUTE RESIDENTIAL UNITS AND COMMERCIAL
SQUARE FOOTAGE AMONG VILLAGE EIGHT WEST
PARCELS, REDUCE THE SIZE OF THE NEIGHBORHOOD
PARK, EXTEND AN INTERNAL STREET TO THE SOUTHERN
BOUNDARY OF VILLAGE EIGHT WEST TO CONNECT TO A
PLANNED OFF-SITE STREET PROVIDING ACCESS TO THE
FUTURE CHULA VISTA GREENBELT TRAIL AND OTAY
RANCH SOUTH COMMUNITY PARK, RELOCATE AND
INCREASE THE SIZE OF THE ON-SITE WATER
QUALITY/HYDROMODIFICATION BASIN AND ADD AN
OFF-SITE WATER QUALITY BASIN WITHIN THE
DEVELOPMENT FOOTPRINT OF THE OTAY RANCH SOUTH
COMMUNITY PARK
I. RECITALS
A. Project Site
WHEREAS, the area of land that is the subject of this Resolution is depicted in Exhibit A
attached hereto and incorporated herein by this reference, and commonly known as Otay Ranch
Village 8 West, and for the purpose of general description consists of approximately 300.7 acres
generally located south of the existing terminus of La Media Road, and southwest of the
intersection of Magdalena Avenue and Main Street (Project Site); and
B. Project; Application for Discretionary Approvals
WHEREAS, on May 13, 2019, a duly verified application requesting a Sectional Planning
Area (SPA) Amendment (MPA19-0011) to the Village 8 West SPA Plan (Project), was filed with the
City of Chula Vista Development Services Department by HomeFed Village 8, LLC (“Applicant”
and “Owner”); and
WHEREAS, the SPA Plan document being amended is entitled “Sectional Planning Area
Plan, Village 8 West” which includes and is incorporated therein all of the attached Appendices, on
file in the Office of the City Clerk; and
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C. Prior Discretionary Approvals
WHEREAS, in December 2013, the Otay Ranch Village 8 West (Village 8 West) SPA
Plan was approved (Resolution 2013-270), establishing policies to guide the development of the
Project Site, a pattern of land uses and circulation, and zoning for the property; and
WHEREAS, in December 2013, City Council reviewed, considered and certified the Final
Environmental Impact Report (FEIR 10-03) for Otay Ranch Village 8 West and adopted the
Findings of Fact, Statement of Overriding Considerations, and Mitigation, Monitoring and
Reporting Program, for the Village 8 West Project (Resolution 2013-269); and
D. Environmental Determination
WHEREAS, The City’s Development Services Director has reviewed the Project for
compliance with the California Environmental Quality Act (CEQA) and determined that the
Project is substantially covered in the previously certified Final Environmental Impact Report for
Village 8 West (FEIR 10-03/SCH #2010062093), 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 Director of Development Services has caused the preparation of an Addendum to
FEIR 10-03 (IS19-0002) for consideration; and
E. Planning Commission Record of Application
WHEREAS, the Development Services Director 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 the Project
and voted to forward a recommendation to the City Council on the Project; 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 proceedings; 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 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 Site at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista in the Chula Vista Council Chambers, Civic Center, 276
Fourth Avenue, to receive the recommendations of the Planning Commission, and to hear public
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testimony with regard to the same. The proceedings and any documents submitted to the City Council
as the decision makers shall comprise the entire record of the proceedings; and
WHEREAS, immediately prior to this action, the City Council approved General Plan
Amendment (MPA19-0009) and Otay Ranch General Development Plan Amendment (MPA19-
0010), pursuant to Resolution No. 2020-032.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds and determines as follows:
II. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council, in the exercise of its independent review and judgment, immediately prior
to this action, considered the Addendum to FEIR 10-03 (IS19-0002) which is on file in the Office of
the City Clerk.
III. SPA FINDINGS
A. THE PROPOSED SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND ITS
SEVERAL ELEMENTS.
The proposed Village Eight West SPA Plan reflects land use designations, circulation, and
public facilities that are consistent with the Otay Ranch General Development Plan and the City of
Chula Vista General Plan. The proposed SPA Plan is compatible with previously approved plans and
regulations applicable to surrounding sites and, therefore, the proposed SPA Plan can be planned and
zoned in coordination and substantial compatibility with surrounding development.
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN WILL PROMOTE
THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREAS.
The proposed Village Eight West SPA Plan will promote the orderly sequentialized
development of the SPA Plan area because the project will be developed in a manner that is consistent
with the Project’s Form Based Code, Phasing Plan, and Public Facilities Financing Plan.
C. THE PROPOSED SECTIONAL PLANNING AREA PLAN WOULD NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT,
CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed SPA Plan has been reviewed and has been determined to be
consistent with the overall land use pattern and circulation system envisioned in the Otay Ranch
General Development Plan (GDP). The Project remains consistent with the Otay Ranch GDP land
use goals and objectives of integration and compatibility within the village and with adjacent
communities and natural resources. Thus, the proposed SPA Plan will not adversely affect the
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adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding
uses.
BE IT FURTHER RESOLVED, that based on the findings above, the City Council hereby
adopts this Resolution approving the Village Eight West SPA Plan Amendment subject to the
conditions set forth below:
1. Prior to approval of any land development permits, the Applicant shall demonstrate that
the applicable Air Quality Improvement Plan (AQIP) project design features and measures
outlined in the Air Quality Improvement Plan pertaining to the design, construction and
operational phases of the project have been incorporated into the Project design.
2. Prior to issuance of building permits or approval of landscape construction plans, the
Applicant shall implement the applicable mandatory water conservation measures of the
Water Conservation Plan of the SPA Plan.
3. Prior to approval of any project proposing private development of property designated for
a school use, prior to the expiration of the school site reservation, the Applicant shall:
a. Provide evidence and proof of agreement from the applicable school district that
the site has not been determined by the district to be needed for use as a school site.
b. Obtain approval of a SPA and Administrative Amendment approving the
underlying use for the site(s) pursuant to SPA Section 9.3.2.B.
4. All of the terms, covenants and conditions contained herein shall be binding upon and inure
to the benefit of the heirs, successors, assigns and representatives of the Developer as to
any or all of the Property. For the purpose of this document “Developer” shall have the
same meaning as “Applicant.”
5. If any of the terms, covenants or conditions contained herein shall fail to occur or if they
are, by their terms, to be implemented and maintained over time, if 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 including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance with
said conditions and/or seek damages for their violation.
6. The Applicant shall indemnify, protect, defend and hold the City its agents, officers and
employees harmless from and against any and all claims, liabilities and costs, including
attorneys’ fees, arising from challenges to the Village 8 West Sectional Planning Area Plan
and Tentative Map Environmental Impact Report (CV-EIR-10-03) Mitigation Monitoring
and Reporting Program for the Project, the Otay Ranch Village 8 West SPA Plan (MPA19-
0011), and/or any and all entitlements issued by the City in connection with the Project.
The Applicant and the City agree that the indemnity provisions contained in the
Development Agreement satisfy this condition.
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7. The Applicant shall comply with all conditions of approval, guidelines, policies, and any
other applicable requirements of the following plans and programs, as amended from time
to time: The City of Chula Vista Municipal Code; the Chula Vista Subdivision Manual;
City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan; City
of Chula Vista Design and Construction Standards; the Development Storm Water Manual
for Development and Redevelopment Projects; the City of Chula Vista Grading Ordinance,
CVMC 15.04; the State of California Subdivision Map Act; the City of Chula Vista General
Plan; the City’s Growth Management Ordinance; Chula Vista Design Manual; Chula Vista
Landscape Manual; Chula Vista Fire Facility Master Plan, and Fire Department Policies
and Procedures; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan (RMP) Phase 1 and Phase 2, including the Preserve Conveyance
Schedule; City of Chula Vista Adopted Parks and Recreation Master Plan, Otay Ranch
Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Otay Ranch Village 8
West Sectional Planning Area (SPA, MPA19-0011) Plan and supporting appendices,
including: Public Facilities Finance Plan (PFFP), Affordable Housing Plan, Air Quality
Improvement Plan (AQIP), Agricultural Plan, Fire Protection Plan, Non-Renewable
Energy Conservation Plan, Preserve Edge Plan, and Water Conservation Plan (WCP), as
amended from time to time; and Village 8 West Tentative Map (TM) CVT 19-03. The
Project shall comply with all mitigation measures specified in the Otay Ranch Village 8
West Environmental Impact Report (FEIR-10-03) Mitigation Monitoring and Reporting
Program, to the satisfaction of the Development Services Director.
8. The Applicant acknowledges and agrees to comply with the provisions of the City of Chula
Vista Greenbelt Master Plan (September 16, 2003) as expressed in the SPA Plan.
9. The Project shall satisfy the requirements of the Parkland Dedication Ordinance (PDO)
pursuant to Chula Vista Municipal Code Chapter 17.10. The Ordinance establishes a
requirement that the project provide three (3) acres of local parks and related improvements
per 1,000 residents. Local parks are comprised of community parks and neighborhood
parks. Overall park obligation shall be met through the payment of fees, dedication of land,
or a combination thereof in a manner acceptable to the Director of Development Services.
10. Phasing approved with the SPA Plan may be amended subject to approval by the Director
of Development Services and the City Engineer.
11. The Applicant shall enter into supplemental agreement(s) with the City, prior to approval
of each Final Map for any phase or unit, whereby:
a. The Developer agree(s) that the City may withhold building permits for any units
within the Project Site in order to have the Project comply with the Growth
Management Program; or, if any one of the following occur:
i. Regional development threshold limits set by a Chula Vista transportation-
phasing plan, as amended from time to time, have been reached
ii. Traffic volumes, level of service, public utilities and/or services either
exceed the adopted City threshold standards or fail to comply with the then
effective Growth Management Ordinance and Growth Management
Program and any amendments thereto
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iii. The Project’s required public facilities, as identified in the Public Facilities
Finance Plan (PFFP), or as amended or otherwise conditioned, have not
been completed or constructed in accordance with the Project entitlements,
to the satisfaction of the City. The Developer may propose changes in the
timing and sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended after
review and approval by the City’s Director of Development Services and
the City Engineer. The Developer agree(s) that the City may withhold
building permits for any of the phases of development identified in the PFFP
for the Project if the project’s required public facilities, as identified in the
PFFP or in accordance with the Development Agreement. Public utilities
shall include, but not be limited to, air quality, drainage, sewer and water.
12. After final SPA approval, the Applicant shall submit electronic versions of all SPA
documents, including text and graphics, to the Development Services Department in a
format specified and acceptable to the Development Services Director.
13. The Applicant shall comply with the Fire Department’s codes and policies for Fire
Prevention. As part of any submittal for design review, a fire access and water supply plan
prepared by a licensed engineering firm, which has been determined to be qualified in the
sole discretion of the Fire Marshall, shall be submitted to for approval by the City of Chula
Vista Fire Department. The plan shall detail how and when the Applicant shall provide the
following items either prior to the issuance of building permit(s) for the Project, or prior to
delivery of combustible materials on any construction site on the Project, whichever occurs
earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any
temporary water supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface
or concrete surface, with a minimum standard width of 15 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs
shall be subject to the approval of the City Engineer and Fire Department. Locations
and identification of temporary street signs shall be subject to review and approval
by the City Engineer and Fire Department.
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
HOMEFED VILLAGE 8, LLC, RELATED TO VILLAGE 8 WEST SPA PLAN APPROVAL
The Property Owner and the Developer shall execute this document by signing the lines provided
below, said execution indicating that the Property Owner and Developer have each read,
understood and agreed to the conditions contained in Resolution No. 2020-033, and will implement
same to the satisfaction of the City. Upon execution, this document and a copy of Resolution No.
2020-033 shall be recorded with the County Clerk of the County of San Diego, at the sole expense
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of the Property Owner and/or Developer, and a signed, stamped copy returned to the City Clerk.
Failure to return a signed and stamped copy of this recorded document within thirty days of
recordation to the City Clerk shall indicate the Property Owner/Developer's desire that the Project,
and the corresponding application for Building Permits and/or a business license, be held in
abeyance without approval.
Signature of Property Owner
Erin Ruhe, Vice President Date
HomeFed Village 8, LLC.
Signature of Applicant
Erin Ruhe, Vice President Date
HomeFed Village 8, LLC.
IV. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by the terms, to be implemented
and maintained over time, and any of such conditions fail to be so implemented and maintained
according to the 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 successor in interest by the City approval of this Resolution.
V. 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 the 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 no further in force or in effect ab initio.
[SIGNATURES ON THE FOLLOWING PAGE]
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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 18th day of February 2020 by the following vote:
AYES: Councilmembers: Diaz, Galvez, 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. 2020-033 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 18th day of February 2020.
Executed this 18th day of February 2020.
Kerry K. Bigelow, MMC, City Clerk
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Exhibit A – Location Map
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