HomeMy WebLinkAboutReso 2004-300
RESOLUTION NO. 2004-300
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN
AND DESIGN PLAN
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A" attached hereto and commonly known as Planning Area 12 - Freeway Commercial,
and for the purpose of general description herein consists of approximately 132.9 acres located in
the area bounded by the existing and future roadways of State Route (SR) 125, Olympic
Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community
("Project Site"); and
WHEREAS, the City Council adopted the Planning Area 12 - Freeway Commercial
Sectional Planning Area (SPA) Plan on April 1, 2003 by City Council Resolution 2003-132; and
WHEREAS, an application for an amendment to the Planning Area 12 - Freeway
Commercial Sectional Planning Area (SPA) Plan and Design Plan ("Amendment") was filed
with the City of Chula Vista Planning Department by the General Growth Properties, Inc.
("Applicant"); and
WHEREAS, the application requests consideration of an amendment to Sectional
Planning Area (SPA) Plan and supporting regulatory documents including Planned Community
District Regulations and Design Plan for 132.9 acres known as "Otay Ranch, Planning Area 12-
Freeway Commercial" located in the north-central area of the Otay Valley Parcel, between the
future extension alignment of Olympic Parkway, Eastlake Parkway, Birch Road and SR-125; and
WHEREAS, the City's Enviromnental Review Coordinator has reviewed the proposed
project for compliance with the California Enviromnental Quality Act and has determined that
the proposed project was adequately covered in previously adopted Freeway Commercial
Sectional Planning Area (SPA) Plan Final Enviromnental Impact Report (EIR) 02-04 and that
there is no significant new information and has, therefore, prepared an addendum to the Final
EIR. Thus, no further enviromnental review or documentation is necessary; and
WHEREAS, the Planning Commission held a public hearing on said amendment to
Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-04-l5) 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 project site at least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
on August 25, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and the Planning Commission recommended approval of the amendment and said
hearing was thereafter closed; and
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City of Chula Vista on the amendment to the Planning Area 12 - Freeway Commercial SPA
Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations
for Planning Area 12 - Freeway Commercial, namely 6:00 p.m. September 14, 2004.
Resolution 2004-300
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on August 25, 2004 and the minutes and resolutions resulting thereftom, are
hereby incorporated into the record ofthis proceeding.
II. COMPLIANCE WITH CEQA
The Enviromnental Review Coordinator has reviewed the proposed project for
compliance with the California Enviromnental Quality Act and has determined that the proposed
project will not cause any impacts other than those already covered in previously adopted
Freeway Commercial SPA Plan Final EIR 02-04 and that there is no significant new information
and has, therefore, prepared an addendum to the Final EIR. Thus, no further enviromnental
review or documentation is necessary. The City Council has considered the addendum with the
Final EIR 02-04 and hereby adopts the addendum.
III. ACTION
The City Council hereby approves the amendment and all supporting regulatory
documents including the Design Plan, involving approximately 132.9 acres of land known as
"Otay Ranch, Planning Area 12 Freeway Commercial" based upon findings contained herein.
The City Council finds that the amendment is consistent with the City of Chula Vista General
Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the
public necessity, convenience, general welfare and good planning and zoning practice support
their approval and implementation.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council finds that the addendum to the Freeway Commercial SPA Final
Enviromnental Impact Report (FEIR 02-04) reflects the independent judgment of the City
Council of the City ofChula Vista.
V. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS
The amendment is consistent with the Chula Vista General Plan and the Otay Ranch
General Development Plan, and the amendment does not require any changes to the City
Council's prior determinations that the SPA Plan met all applicable requirements, for the
following reasons:
A. THE SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY
WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE
CITY OF CHULA VISTA GENERAL PLAN.
The Planning Area 12 Freeway Commercial SPA Plan area ofOtay Ranch
that creates vehicular-oriented fteeway commercial uses and accommodates a
transit station and transit right-of-way reflects the land uses, circulation system,
open space and recreational uses, and public facility uses consistent with the Otay
Ranch General Development Plan and Chula Vista General Plan.
Resolution 2004-300
Page 3
B. THE SECTIONAL PLANNING AREA PLAN WOULD PROMOTE
THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED
SECTIONAL PLANNING AREA.
The Planning Area 12 - Freeway Commercial SPA Plan contains
provisions and requirements to ensure the orderly, phased development of the
Project. The Public Facilities Finance Plan specifies the public facilities required
by the Freeway Commercial in order for it to function properly and not become a
public burden, and also the regional facilities needed to serve it.
C. THE SECTIONAL PLANNING AREA PLAN WOULD NOT
ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch, Planning Area 12 - Freeway
Commercial Sectional Planning Area (SPA) Plan are designed with a 75-foot
landscaped enhancement buffer along adjacent arterials. The project will provide
a variety of vehicle-oriented fteeway commercial land uses to serve nearby and
regional residents and accommodates a transit station and right-of-way, as
required by the Otay Ranch General Development Plan. A comprehensive street
network serves the project and provides for access to off-site adjacent properties.
The proposed SPA Plan follows all existing enviromnental protection guidelines
and will avoid unacceptable off-site impacts through the provision of mitigation
measures specified in the Otay Ranch, Planning Area 12 - Freeway Commercial
Final Second-Tier Enviromnental Impact Report (FEIR 02-04).
D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL 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 Planning Area 12 - Freeway Commercial SPA Plan includes on
Freeway Commercial land use, which is considered appropriate for the area,
location, and overall planning for the area in that such uses are called for in the
General Development Plan (GDP). They have also been evaluated for their
adverse land use effects on proposed surrounding development and none have
been identified.
E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE
AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The circulation system depicted in the SPA Plan is consistent with the
circulation system identified on the City's General Plan and Otay Ranch General
Development Plan and contains adequate internal circulation consistent with the
policies of the Otay Ranch General Development Plan and the City's General
Plan. Road improvements will be constructed per the timing and threshold
requirements outlined in the Planning Area 12 - Freeway Commercial SPA Plan
Public Facilities Finance Plan.
Resolution 2004-300
Page 4
F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE
JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION.
The location of the proposed vehicular-oriented fteeway commercial
project in the Planning Area 12 - Freeway Commercial is consistent with the
goals and policies of the Otay Ranch General Development Plan and the City's
General Plan.
G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE
PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL
COMPATIBILITY WITH SAID DEVELOPMENT.
The Planning Area 12 - Freeway Commercial SPA Plan is consistent with
the approved plans and regulations applicable to surrounding areas, and therefore
said development can be planned and zoned in coordination and substantial
compatibility with said development. The proposed Planning Area 12 - Freeway
Commercial SPA Plan is consistent with the Otay Ranch General Development
Plan and Chula Vista General Plan, as amended.
VI. CONDITIONS OF APPROVAL
The City Council hereby approves the amendment subject to the conditions set forth in
Exhibit "B", attached hereto and incorporated in the project.
VIII. 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
administrative approvals herein granted or which are based upon the approvals herein granted,
deny or further condition issuance of all future building permits, deny, revoke or further
condition all certificates of occupancy issued under the authority of approvals herein granted,
institute and prosecute litigation to compel compliance and/or seek damages for their violations.
In addition to the foregoing, the City shall have the right to pursue available procedures to
rescind legislative approvals for the Project. Developer or successor in interest gains no vested
rights by the City approval of this resolution.
IX. INVALIDITY
It is the intention ofthe City Council that its adoption of this resolution is dependent upon
enforceability of each and every material 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, the City Council shall retain its
sole discretion to determine whether to revoke this resolution, and how to correct any
deficiencies identified by the Court, which may involve the revision of terms, provisions or
conditions not otherwise affected by the Court order.
Resolution 2004-300
Page 5
Presented by
Approved as to form by
C--~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of September, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
L
ATTEST:
=- ~LJ ILl í--<:% 0" .-/
Susan Bigelow, MMC, City lerk
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. 2004-300 was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 14th day of September, 2004.
Executed this 14th day of September, 2004.
r ~' )
::- '11JA. I ~
Susan Bigelow, MMC, City lerk