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Home My WebLink AboutReso 2003-293 RESOLUTION NO. 2003-293 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN; EASTLAKE II GENERAL DEVELOPMENT PLAN, EASTLAKE I VILLAGE CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 9.3 ACRES AT THE NORTHEAST CORNER OF OTA Y LAKES ROAD AND EASTLAKE PARKWAY I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this resolution is diagrammatically represented in "Exhibit A" and incorporated herein by this reference and for the purpose of general description consists of 9.3 acres known as Village Center East, located at the northeast comer of Otay Lakes Road and EastLake Parkway within the Eastlake Planned Community (,qroject Site''); and B. Project; Application for Discretionary Approvals WHERES, a duly verified application was filed with the City of Chula Vista Planning ani Building Department on February 14, 2003 by the EastLake Company requested amendments to the City of Chula Vista General Plan, EastLake II General Development Plan and EastLake I Village Center North Supplemental Planning Area (SPA) Plan; and WHEREAS the proposed amendment to the General Plan Land Use Diagram consists of changing the land use designation of said 9.3-acres from Commercial, Professional & Ac.ministrative to Commercial, Retail as illustrated in Exhibit B; and WHEREAS the proposed amendment to the EastLake II General Development Plan (GDP) consists of changing the land use designation of the Project Site from PA, Professional AUninistrative to CR, Commercial Retail as illustrated in Exhibit C; and WHEREAS the proposed amendments to the EastLake I Village Center North Su~plemental Planning Area (SPA) Plan consists of amending the Site Utilization Plan to change the designation of the westerly 9.3 acres from VC-2 to a new designation of VC-4 as illustrated in Exhibit D; and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various en-itlements and agreements, including: 1) amended Eastlake II General Development Plan (GJP) approved by City Council Resolution No. 2003-140 on April 8, 2003; 2) Eastlake I Vi lage Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, 2002 and 3) Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April 15, 2003; and Resolution 2003-293 Page 2 D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the project on June 25, 2003 and voted 5-0-0-2 to forward a positive 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 this project held on June 25, 2003 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the project application and notice 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 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing; and WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 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. NOW THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby fmd that the adopted Negative Declaration (IS-03-028) and its attendant addendum have been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and has reviewed and considered the previously adopted Negative Declaration (IS-03-28) and its attendant addendum. III. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised its independent review and judgment and concurs with the Environmental Review Coordinator's determination that the proposed project would not have a significant effect on the environment in light of the whole record before the City of Chula Vista, and the adopted Negative Declaration (IS-03-28) and its attendant addendum in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act CEQA), the State Guidelines and the Environmental Review Procedures of the City of Chula Vista and has reviwed and considered same. IV. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in Exhibit "B," a copy of which shall be kept on fùe in the office of the City Clerk to change the land use designation of 9.3 acres at the northeast corner of Otay Lakes Road and EastLake Parkway from Commercial, Office Professional to Commercial, Retail. V. GENERAL PLAN INTERNAL CONSISTENCY Resolution 2003-293 Page 3 The City Council hereby finds and determines that the General Plan is internally consistent and shall remain internally consistent following the amendments thereto in this re301ution. V. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL D3VELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA V::STA GENERAL PLAN, AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABUSHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITIDN TWO YEARS OF THE ESTABUSHMENT OF THE PLANNED COMMUNITY ZONE. A new supplemental Sectional Planning Area Plan known as Village Center North Supplemental SPA, which was a continuation of the EastLake I SPA, was adopted by the City Council on July 23, 2002. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABLITY AND STABILITY; AND THAT IT WILL BE IN HARMONY W~TH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBUC FACIUTIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POLPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The project does not involve residential development. VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. va SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND TEE CHULA VISTA GENERAL PLAN. The SPA plan amendment reflects the proposed changes to the General Plan and EastLake II General Development Plan. Thus, the EastLake I Village Center Supplemental SPA amendment will be consistent with the General Plan and EastLake II General Development Plan, as Jroposed to be amended. Resolution 2003-293 Page 4 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 Village Center North Supplemental Public Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE I VILLAGE CENTER SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed changes in allowable land uses are consistent with the Eastlake Activity Core land use concept originally envisioned by the EastLake I SPA. The changes in allowable land uses will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. 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 TillS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL 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. The Project Site will be served by two existing major streets: EastLake Parkway, a 4-lane prime arterial and Otay Lakes Road, a 6-lane prime arterial. The main access to the Project Site is along EastLake Parkway with secondary access points along Fenton Street. and Otay Lakes Road. Deceleration lanes are proposed for both Eastlake Parkway and Otay Lakes Road. The intersection of EastLake Parkway and Fenton Street will be signalized as part of the development of the Village Center North project to the west, which is currently under construction. Regional access will be provided primarily by Interstate 805 located approximately 5 miles to the west, and eventually by the future State Route 125, immediately adjacent to the west. Required improvements installation timing and financing mechanism are discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic thereon. Resolution 2003-293 Page 5 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 P:10POSED LOCATION(S). The proposed amendments increase the acreage designated Commercial Retail to allow for the construction of the EastLake Village Marketplace directly west across EastLake Parkway, thereby achieving the intent of the activity core anticipated by the EastLake I SPA. These amendments will provide additional needed commercial facilities, such as a major department store, restaurant and other similar uses, to complement the Eastlake Village Marketplace. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED A..'I/D ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBIUTY WITH SAID D3VELOPMENT. The surrounding area is already zoned and incorporated into the EastLake I Village Center Supplemental SPA. As indicated above, the change in land use designation for the Project Site is the same as the parcel directly west across EastLake Parkway. This change in land use will allow the continuation of the activity core concept and, therefore, compatible with the anticipated development in the immediate vicinity. BE IT FURTHER RESOLVED that in light of the fmdings above, the City Council does hereby approve the EastLake I Village Center North Supplemental Sectional Planning Area (SPA) Plan amendments as presented in "Exhibit C", a copy of which shall be kept on file in the of:ïce of the City Clerk, subject to the conditions set forth below: X. SPA PLAN CONDITIONS OF APPROVAL 1. Implement, or cause the implementation of all mitigation measures pertaining to the project identified as applicable to the ''VC-2'' in MND IS-OI-042 which are incorporated by reference into ND IS-03-028. 2. Implement the Federal and State mandated conservation measures outlined in the EastLake I Supplemental Water Conservation Plan. 3. In addition to the mandated water conservation measures, inJplement the non-mandated water conservation measures, which include 1) Hot Water Pipe Insulation, 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant Landscaping. 4. Prior to approval of building permits for each phase of the project, the applicant shall demonstrate that air quality control measures outlined in the EastLake I Supplemental Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Trash collection areas shall be covered, bermed or other method as approved by the City Engineer to prevent runoff of polluted water across paved areas into the storm drainage systems. Resolution 2003-293 Page 6 6. Tables and exhibits in the EastLake II General Development Plan and EastLake I Village Center North Supplemental SPA Plan must be modified to reflect the proposed amendments. 7. Based on the Negative Declaration and attendant addendum, the maximum square footage allocated to Lot 1 shall be 98,487 SF and Lots 2 and 3 combined shall be 12,000 SF of high turnover sit-down restaurant and 4,800 SF of retail. Any deviation from this allocation shall require review and approval by the Environmental Review Coordinator and Zoning Administrator. XI. 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 shall 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 developer or successor in interest by the City approval of this resolution. XII. INV AUDITY; 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 anyone 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. Presented by Approved as to form by C'A ~~ Ann Moore City Attorney Resolution 2003-293 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of July, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None Ai~ Stephen ~adilla, Mayor K:TEST: J!l7I..án Io'~ t Susan Bigelow, e¡(y'Cterk 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. 2003-293 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 July, 2003. Executed this 8th day of July, 2003. S~llig-:row,Æ~ t^ UNITED PARCEL SERVICE . . PROfESSIONAL ADMINISTRATIVE CENTER EA5TLAKE V1LLAGE MARKETPLACE CHULA VISTA COMMUNITY PARK ~ EXHIBIT A LOCATOR , Detail from General Plpn (Proposed) Commercial, RetaiJ Commercial, Retail lndust., Res. & Ltd. Mfg. Re$iØential, Low·Medium Parks & Recreation Open Space EXHIBIT B (ij'EC~, ... .(1).!! CI) (1)Ea.. 0 c: Q.. (1)Q. e C>.2 Ll. ~ (1) Q æ rEJ~ ~! I~!¡;¡ ~f '-,I 8. . ~ 8's ""I' C «Ii3::::- o &oq,::§ .- .¡;;.." ... q)-a:: (\ cig - .. 0"15 Õ ~ '~rè ...J ,,~~ .... æò:: [:: U -J'-õ-ð ( (,) ·.....M~ 2 ¡¡¡ et:¡ Do <3,g.E !!f æ læ 9: 0:: ~/ ~ _.~~~~ .~,~(".._-- I_.i :t,~/ ,--I -~ -! iLLl~ :::: :1: : II~~ . . . '" . <Ó " .1~8J n"'O:>_N ~ OJ '" "',. 0.... 0 1"'1 "... ... <"i o:.l~"" t .c ~ ~ ¡ &J ~ § \õ g ~ ~ ~ 2 ~ ~ ~ ~ 1!~L- ';, -.. - - - N ~Jr='" ~ f f I I . I i t ilVlf ! ~ ¡ * ~ '" II n ! u ~ II ~Iq ~ it II U ! h i H j U ! ;jLIJ) "~:&i:1 ~II h~: Exhibit C B ~ § Proposed Site Utilization Plan EastLake Busìl'lE!¡ssCenter I, EastLake Activìty Center, and Salt Creek I ACTMTY CENTER INorthl I VC-1 VDlage Center 38.1 \lC-2 VIllage COnter 4.31 VC-4 VSlage COnter 9.3 E-10 VII. Ctr.Employment 16.4 .. Subject ofmendm..,t R.I$ Parcel Land Use I Ac... Number EMPLOYMENT (BuslnessCel1bit n E·1 Employment 321 E"2 EiTlplDyment 16.6 E·3 EIYIployment 8.0 E-4 Emptoyment 17.6 E-é Employment 13.9 E-6 EIYIployment 6.2 E-7 EIYIpIDymont 12.5 E-3 En'tþloymént 4.6 E-9 Employment 14.6 E.3 E4 E'7 OlSo13 E-7 Total 1:26.1 Total 6&1 Project Location Change the Parcal Number from VC·2 to VG-4 (Village Center) OPEN SPACElPAR'Ks I 05-10 open space 3.4 05-13 Open Spece 0.7 05-14 open Spoce 0.5 P-4 Park 9.1 Location 43.6 20.0 a5 72.1 6.5 1.0 1.0 3.2 7.2 1"-9 91.0 Permltt9d OU 169 237 144 650 Total SAl. T CREEK I P_1 Land Use Number R-16 Reoldionllal- Oeto<heØ R-17 Residential-Attached R-16 Reoi:le!1llal . Allac:hed $u"'_1 Os.a Open Space 0$-15 Open Space 05-17 Open Space 0$-16 Opon Space 05-19 Open Space Suf>ötotal Total 13.7 Mote:1bI$1egendIsfor the&t.tL.ke ~S$Certer I. el;tllke\lib¡Øe Ceder (north) InctSait Creek I ón(y. "(be EastLaXe í SPA aJS:o InctudtiS eä$lLakeShote$, Eastlake Hils. aørj·EistLike;Bu$ínetsCtnler II. \llJlage Ceròr (soUth.) ¡.wlthIn the EaslLake Greiens SPA. ~E/iSTlI-I<E 1 Cíntl Lànd Planning ~~"'i"''''\ m ,.,.... mo-U 4/29103 A planned community by The EastLake Company Exhibit D