HomeMy WebLinkAboutReso 2022-019 RESOLUTION 2022-019
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE SUNBOW II SECTIONAL
PLANNING AREA (SPA) PLAN (MPA20-0006) TO UPDATE
CHAPTERS 10.0 TO 17.0, TO DESCRIBE AND DEFINE THE
AMENDED LAND USES FOR SUNBOW 11, PHASE 3 AND
INCORPORATE THE DEVELOPMENT REGULATIONS AND
DESIGN GUIDELINES SPECIFIC TO THIS PROJECT
WHEREAS, the area of land which is the subject of this Resolution is represented in
Exhibit A, attached hereto and incorporated herein by this reference, and commonly known as
Sunbow II, Phase 3, and for the purpose of general description consists of 135.7-acres within the
Sunbow II Planned Community generally located at the southeast corner of Brandywine Avenue
and Olympic Parkway (Project Site); and
WHEREAS, on February 20, 1990, the City Council of the City of Chula Vista approved
the Sunbow II Sectional Planning Area (SPA) Plan (Resolution No. 15524), inclusive of a 46.0-
acre parcel designated for an Industrial Park, known as Planning Area 23 (PA23); and
WHEREAS, since approval all other parcels covered by the Sunbow II SPA have been
built out and the PA23 site has remained vacant; and
WHEREAS, on January 7, 2020, the City Council of the City of Chula Vista approved a
Community Benefits Agreement (Resolution No. 2020-003) with ACI Sunbow, LLC
(Applicant/Owner), to allow the Owner to process entitlements to consider the conversion of the
PA23 land from industrial to residential uses and in exchange would provide funding that can be
used by the City to direct the construction of a job enhancing use in Eastern Chula Vista or other
signature project; and
WHEREAS, applications to consider such amendments to the City of Chula Vista General
Plan (MPA20-0012), Sunbow II General Development Plan (MPA20-0013), Sunbow II, Phase 3
SPA Plan (MPA20-0006) and approval of an associated Tentative Map (PCS20-0002) and
Development Agreement (MPA21-0014) were filed with the City of Chula Vista Development
Services Department on February 26, 2020 by the Applicant; and
WHEREAS, the Applicant proposes to rezone 67.5-acres of developable land on the
Project Site from light industrial to residential uses resulting in up to 534 multi-family medium-
high-density residential dwelling units and 184 multi-family high-density residential dwelling
units (718 total units) on six parcels and designate the remaining 68.2-acres as Multiple Species
Conservation Program (MSCP) land, Poggi Creek Conservation Easement areas and a conserved
wetland resource area on sixteen parcels (Project); and
Resolution No. 2022-019
Page No. 2
WHEREAS, the Director of Development Services has reviewed the proposed project for
compliance with the California Environmental Quality Act(CEQA) and has determined that there
is substantial evidence, in light of the whole record, that the Project may have a significant effect
on the environment; therefore, the Director of Development Services has caused the preparation
of an Environmental Impact Report (EIR20-0002); and
WHEREAS, pursuant to California Government Code section 65090, the Planning
Commission held a duly noticed public hearing on the Project and voted 0-6 recommending the
City Council deny the approval of the Project, citing that further analysis related to the Jobs
Enhancement Fund and a mix of land uses on the site be considered; and
WHEREAS,the proceedings and all evidence introduced before the Planning Commission
at the public hearing on this Project, and the Minutes and Resolution resulting therefrom, are
hereby incorporated into the record of these proceedings; and
WHEREAS, pursuant to California Government Code section 65090, the City Clerk set
the time and place for the hearing on the Project and notice of said hearing, together with its
purposes given by its publication in a newspaper of general circulation in the City,at least ten 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
testimony with regard to the same; and
WHEREAS, immediately prior to this action, the City Council certified the EIR(FEIR20-
0002), pursuant to Resolution No. 2022-017; and
WHEREAS, immediately prior to this action, the City Council approved a General Plan
Amendment (MPA20-0012) and Sunbow II General Development Plan Amendment (MPA20-
0013), pursuant to Resolution No. 2022-018; and
WHEREAS, the next steps of Project approval will include the consideration of Tentative
Map (PCS20-0002) and a Development Agreement between the City and Applicant (MPA21-
0014).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds and determines, as follows:
I. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council, in the exercise of its independent review and judgment, immediately prior
to this action, certified FEIR 20-0002.
Resolution No. 2022-019
Page No. 3
II. SPA FINDINGS
A. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS ARE
IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT
PLAN AND ITS SEVERAL ELEMENTS.
The proposed Sunbow II,Phase 3 SPA Plan reflect land use designations,circulation,
and public facilities that are consistent with the amended Sunbow II General
Development Plan and the amended City of Chula Vista General Plan. The proposed
SPA Plans are compatible with the amended plans and regulations applicable to
surrounding sites and, therefore, the proposed SPA Plans can be planned and zoned
in coordination and substantial compatibility with surrounding development.
B. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENTS
WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF
THE INVOLVED SECTIONAL PLANNING AREAS.
The proposed Sunbow II,Phase 3 SPA Plan will promote the orderly development of
the SPA Plan areas 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 AMENDMENTS
WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE,RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The proposed SPA Plan Amendments have been reviewed and have been
determined to be consistent with the overall land use pattern and circulation system
envisioned in the Sunbow II General Development Plan (GDP). The Project
remains consistent with the Sunbow II 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 Amendments will not adversely
affect the 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 Sunbow II, Phase 3 SPA Plan Amendment subject to the
conditions set forth below:
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 Developer as to
any or all of the Property. For the purpose of this document "Developer" shall have the
same meaning as "Applicant."
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
Resolution No. 2022-019
Page No. 4
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.
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)
FEIR20-0002, (b) the Mitigation Monitoring and Reporting Program for the Project, (c)
the Sunbow II, Phase 3 SPA Plan (MPA20-0006), (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.
4. 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; Sunbow II General Development Plan; City of Chula Vista Adopted Parks
and Recreation Master Plan; Sunbow II, Phase 3 Sectional Planning Area(SPA, MPA20-
0006) Plan and supporting appendices, including: Public Facilities Finance Plan (PFFP),
Air Quality Improvement Plan(AQIP), Fire Protection Plan and Water Conservation Plan
(WCP), as amended from time to time; and Sunbow II, Phase 3 Tentative Map (TM)
CVT20-0002. The Project shall comply with all mitigation measures specified in the
Sunbow II, Phase 3 Final Environmental Impact Report (FEIR20-0002) Mitigation
Monitoring and Reporting Program, to the satisfaction of the Development Services
Director.
5. Phasing approved with the SPA Plans may be amended subject to approval by the Director
of Development Services and the City Engineer.
6. 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
Resolution No. 2022-019
Page No. 5
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
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.
7. 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.
8. 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 the Fire Department for approval
by the Fire Marshall. 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 Marshall. 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,or designee. Temporary
street signs shall be subject to the approval of the City Engineer and Fire Marshall,
or their designees.
Resolution No. 2022-019
Page No. 6
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 buil 'n permi and/or a business license, be held in abeyance without approval.
3 Z 22
Bill Hamlin, Executive Vice President Date
ACI Sunbow, LLC by Ayres Land Company Inc.
Pro er
e
• 3/194 2'L-
Bill Hamlin, Executive Vice President Date
ACI Sunbow, LLC by Ayres Land Company Inc.
Applicant
V. 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.
Resolution No. 2022-019
Page No. 7
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, this resolution shall be deemed to be revoked and no further in force or in
effect ab initio.
[SIGNATURES ON THE FOLLOWING PAGE]
Resolution No. 2022-019
Page No. 8
Presented by Approved as to form by
Tiffany len Olen R. bpogins
Director of Development Services ity Atto ey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of January 2022 by the following vote:
AYES: Councilmembers: Cardenas, McCann, Padilla and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Galvez
Marylsillas Salas, Mayor
ATTEST:
64 kl���
Kerry K igelow, 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. 2022-019 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 January 2022.
Executed this 18th day of January 2022.
Kerry K. igelow, MC, City Clerk
Resolution No. 2022-019
Exhibit A Page No. 9
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