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HomeMy WebLinkAboutReso 2004-417 RESOLUTION NO. 2004-417 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, UPDATING THE PLAN PUBLIC FACILITIES FINANCE PLAN, AND AIR QUALITY IMPROVEMENT 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 amended the SPA Plan by Resolution 2004-300 on September 14,2004; and WHEREAS, an application for an amendment to the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning Department by the General Growth Properties, Inc. ("Applicant") updating the Public Facilities Finance Plan (PFFP) and Air Quality Improvement Plan (AQIP) on file; and WHEREAS, the application requests consideration of an amendment to the Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations 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 Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Freeway Commercial SPA Plan Final Environmental Impact Report (EIR) 02-04 and addendum. Thus, no further environmental 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-04-15A) 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 November 10, 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, namely 6:00 p.m. December 14, 2004. Resolution 2004-417 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: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 10, 2004 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby finds that the project, as described and analyzed in the FEIR 02-04 and addendum, would have no new impacts that were not examined in said FEIR [Guideline 15168(c)(2)], and therefore, no further environmental review or documentation is necessary . 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. 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 of Otay Ranch that creates vehicular-oriented freeway 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. The PFFP and AQIP implement the General Plan and GDP policies concerning thresholds and improvements to air quality. B. THE SECTIONAL PLANNING AREA PLAN ORDERLY, SEQUENTIALIZED DEVELOPMENT SECTIONAL PLANNING AREA. WOULD PROMOTE THE OF THE INVOLVED The Planning Area 12 - Freeway Commercial SPA Plan contains provisions and requirements to ensure the orderly, phased development of the project. The PFFP specifies the public facilities required by the Freeway Commercial in order for it to Resolution 2004-417 Page 3 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 freeway 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 environmental 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 Environmental Impact Report (FEIR 02-04). The AQIP implements the GreenStar energy conservation program. 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 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 PFFP. 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 freeway 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. Resolution 2004-417 Page 4 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. V. 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, which the conditions of City Council Resolution 2004-300 adopted by the City Council on September 14,2004. V1. 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 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. VII. INV ALIDITY 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, the City Council shall retain its sole discretion to determine 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. Presented by Approved as to form by J es . Sandoval lanning and Building Director Ann Moore City Attorney ~~ Resolution 2004-417 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: = -ffJ) t1 . í~:r ð ..... Susan Bigelow, MMC, City CI 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. 2004-417 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. 1) ,A. í -<"'~l.~ Susan Bigelow, MMC, City Cle ~~, ~ ~ \.,"( '\.\0~-~:f-~\:. ~""/~ .~,.,. -"" ~. "-.... ~" _..... '. .\/, '.'. _Y.. ..<"'r., "'< \'¡'. '. 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'" '-...: , , => .... => ~ , ,- , I ( \ / -------- PCM~4-15A / ~~ PROJECT LOCATION [ CHULA VISTA PLANNING AND BUILDING DEPARTMENT OCATOR PROJECT Freeway Commercial SPA Plan PROJECT OESCRIPTION: C) AF'f'LICNŒ Genera Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway Request Proposal fur. SPAAmendment for . ",tail development wi1hin ADQRE;S: & Olympic Parkway the Otay Ranch Planning Area 12, Freeway Commercial sits. Tentative SCALE: FILE NUMBER.: SubdMsion Map and Condtional Use PenM for meMo theater. NORTH No Scale PCM-04-15A Related Cases: PCS-05-OZ, PCC-U5-1Ô EXHIBIT A ',\_'___,__,__-"__"___6__,___,,.... <=_ --'_ .on ro.>= .....