HomeMy WebLinkAboutReso 2021-126RESOLUTION NO. 2021-126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE OTAY RANCH VILLAGE
THREE AND A PORTION OF VILLAGE FOUR MASTER
PRECISE PLAN AMENDMENT
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 Village 3 and a
Portion of Village 4 and for the purpose of general description consists of 484.6 acres within the Otay
Ranch Planned Community (the “Project Site”); and
WHEREAS, on May 29, 2020, a duly verified application requesting a Sectional Planning
Area (SPA) Plan Amendment (MPA20-0017) to the Village 3 and a Portion of Village 4 SPA Plan
and a Master Precise Plan (MPA21-0008), was filed with the City of Chula Vista Development
Services Department by HomeFed Village III Master, LLC/FlatRock Land Company, LLC (the
“Applicant” or “Owner”); and
WHEREAS, pursuant to Chapter 9 of the Village 3 and a Portion of Village 4 SPA Plan, a
Master Precise Plan Amendment (MPP) (the “Project”) is required for the Village to coordinate the
spatial relationship between buildings, structures, landscaping, and public spaces as well as ensure
a unified design theme for signage, lighting and street furniture in order to implement the SPA’s
vision of creating a pedestrian friendly Village core; and
WHEREAS, the City’s Director of Development Services 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
the University Villages EIR (FEIR 13-01) (SCH #2013071077) and that the FlatRock parcel is
substantially covered in the Otay Ranch Village 2, 3 and a Portion of 4 EIR (FEIR02 -02) (SCH
#2003091012), that only minor technical changes or additions to FEIR 13-01 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 13-01 (IS20-0003) for consideration;
and
WHEREAS, the Director of Development Services set the time and place for a Planning
Commission public hearing on the Project, and notice of said 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 boundaries of the property, at least 10 days prior
to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, before the Planning
Commission and the hearing was thereafter closed; and
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WHEREAS, the proceedings and all evidence introduced before the Planning Commission
at the hearing on the Project, and the Minutes and Resolution resulting therefrom, are incorporated
into the record of this proceeding; and
WHEREAS, the Planning Commission voted to recommend that the City Council approve
the Project; and
WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista
for consideration of the Project and notice of said 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
and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior
to the hearing; and
WHEREAS, the City Council of the City of Chula Vista held a duly noticed public hearing
to consider said Project at the time and place as advertised in the Council Chambers, 276 Fourth
Avenue, said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find and
determine as follows:
I. MASTER PRECISE PLAN AMENDMENT FINDINGS
i. THAT SUCH PLAN WILL NOT UNDER THE CIRCUMSTANCES OF THE
PARTICULAR CASE BE DETRIMENTAL TO THE HEALTH SAFETY OR
GENERAL WELFARE OF PERSONS RESIDING OR WORKING IN THE
VICINITY OR INJURIOUS TO PROPERTY OR IMPROVEMENTS IN THE
VICINITY
The City Council finds that the proposed MPP and development standards contained in Exhibit B
on file in the office of the City Clerk are consistent with the Otay Ranch General Development
Plan (GDP) and Village 3 and a Portion of Village 4 SPA Plan. The MPP allows the Applicant to
design a project that is compatible with the type and intensity of existing development in the area.
The proposed project’s design guidelines establish a framework for creating a vibrant Village core
that provides for healthy and active lifestyles, diverse housing choices, and opportunities for a
high-quality of living while providing the tools to enable flexibility for future growth. The MPP
links approved policies and land use designations of the SPA Plan with subsequent project-level
approvals within the Village 3 Village Planning Area. The MPP coordinates the interaction and
spatial relationships between buildings, structures, landscaping, and public spaces and activities
while providing a unified design theme for signage, lighting and street furniture to implement the
SPA’s vision of a pedestrian friendly destination.
ii. THAT SUCH PLAN SATISFIES THE PRINCIPLE FOR THE APPLICATION OF
THE P PRECISE PLAN MODIFYING DISTRICT AS SET FORTH IN CHULA
VISTA MUNICIPAL CODE 19.56.041:
The City Council finds that application of the P modifying district is appropriate because the
underlying zoning is Planned Community District. The MPP is required by the Village 3 and a
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Portion of Village 4 SPA Plan (PC District Regulations) and provides the entitlement bridge
linking the approved policies and land use designations of the Village 3 and a Portion of Village 4
SPA/Design Plan with subsequent project-level approvals within the project area. It serves as a
framework document by which future Village projects will be evaluated for compliance with the
approved concepts encompassing streetscape and landscape design, signs, and architectural and
lighting guidelines.
iii. THAT ANY EXCEPTIONS GRANTED WHICH DEVIATE FROM THE
UNDERLYING ZONING REQUIREMENTS SHALL BE WARRANTED ONLY
WHEN NECESSARY TO MEET THE PURPOSE AND APPLICATION OF THE P
PRECISE PLAN MODIFYING DISTRICT:
The underlying zone for Village 3 and a Portion of Village 4 is Planned Community District,
allowing for a dense mix of commercial, office and residential uses. The MPP provides
development standards for circulation, building locations, preliminary grading, areas devoted
to landscaping, density, and parking that will ensure future development is compatible with
adjacent land uses.
iv. THAT APPROVAL OF THIS MASTER PRECISE PLAN AMENDMENT WILL
CONFORM TO THE GENERAL PLAN AND THE ADOPTED POLICIES OF THE
CITY. (ORD. 3153 § 2 (EXH. A), 2010; ORD. 1632 § 2, 1975):
The project has been designed and evaluated in accordance with the goals and objectives of the
General Plan. The MPP as described above will allow the project to be consistent with the goals
and objectives of the General Plan and the Chula Vista Municipal Code (“CVMC” or “Municipal
Code”).
II. APPROVAL OF MASTER PRECISE PLAN
Unless otherwise specified, the Conditions of Approval and Municipal Code requirements set forth
below shall be completed prior to the issuance of Building Permits as determined by the
Development Services Director and the City Engineer, or designees, unless otherwise specified.
1. 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 Applicant as to any or all
of the property.
2. 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.
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3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold
harmless City, its City Council members, Planning Commission members, officers,
employees and representatives, from and against any and all liabilities, losses, damages,
demands, claims and costs, including court costs and attorney’s fees (collectively, liabilities)
incurred by the City arising, directly or indirectly, from City’s actions on (a) the Addendum
to FEIR 13-01, (b) the Mitigation Monitoring and Reporting Program for the Project, (c) the
Otay Ranch Village 3 and a Portion of Village 4 SPA Plan (MPA20-0017), (d) any and all
entitlements issued by the City in connection with the Project, and/or (e) City’s approval or
issuance of any other permit or action, whether discretionary or non-discretionary, in
connection with the use contemplated on the Project Site. The Property Owner and Applicant
shall acknowledge their agreement to this provision by executing a copy of this Resolution
where indicated below. The Property Owner’s and Applicant’s compliance with this
provision shall be binding on any and all of the Property Owner’s and Applicant’s successors
and assigns.
III. GOVERNMENT CODE SECTION 66020 NOTICE
Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day
period to protest the imposition of any impact fee, dedication, reservation, or other exaction
described in this resolution begins on the effective date of this resolution and any such protest must
be in a manner that complies with Government Code Section 66020(a) and failure to follow timely
this procedure will bar any subsequent legal action to attack, set aside, void or annual imposition.
The right to protest the fees, dedications, reservations, or other exactions does not apply to
planning, zoning, grading, or other similar application processing fees or service fees in connection
with the project; and it does not apply to any fees, dedication, reservations, or other exactions which
have been given notice similar to this, nor does it revive challenges to any fees for which the Statute
of Limitations has previously expired.
IV. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
The Property Owner and Applicant shall execute this document signing on the lines provided
below, indicating that the Property Owner and Applicant have each read, understood and agreed
to the conditions contained herein, and will implement same. Upon execution, this document shall
be recorded with the County Recorder of the County of San Diego, at the sole expense of the
Property Owner and/or Applicant, and a signed, stamped copy returned to the City’s Development
Services Department. Failure to return the signed and stamped copy of this recorded document
within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the project,
and the corresponding application for building permits and/or a business license, be held in
abeyance without approval.
________________________________ _______________
Erin N. Ruhe, Property Owner Date
________________________________ _______________
Erin N. Ruhe, Applicant Date
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7/1/2021
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V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, of 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 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 rights are gained by
Applicant or successor in interest by the City approval of this Resolution.
VI. 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, the resolution
shall be deemed to be revoked and no further in force or in effect ab initio.
BE IT FURTHER RESOLVED, that based on the above-referenced findings and
Conditions of Approval, the City Council does hereby approve the Otay Ranch Village 3 and a
Portion of Village 4 Master Precise Plan Amendment as shown in Exhibit B on file in the office of
the City Clerk.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Tiffany Allen 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 15th day of June 2021 by the following vote:
AYES: Councilmembers: Cardenas, Galvez, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: McCann
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. 2021-126 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 June 2021.
Executed this 15th day of June 2021.
Kerry K. Bigelow, MMC, City Clerk
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Exhibit A
Locator Map
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