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HomeMy WebLinkAboutReso 2005-248 RESOLUTION NO. 2005-248 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE SITE UTILIZATION MAP WHEREAS, the properties which are the subject matter of this resolution are identified as Exhibits "'A", "'B" and "c" attached hereto and are commonly known as Community Purpose Facility (CPF) sites (Property); and WHEREAS, an application (PCM 03-32) to amend the Otay Ranch Sectional Planning Area (SPA) One Plan was filed with the City of Chula Vista Planning and Building Department on June 7, 2004 by Otay Project, LP, The Otay Ranch Company (Applicant); and WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including modifYing the land use designation on the Site Utilization Plan for Villages One, One West and Five; adding a CPF Master Plan supplement to the document; and to revise the SPA One Planned Community District Regulations, Zoning District Map to rezoning seven (7) existing privately- owned and maintained (HOA) recreation facilities from Open SpacelPark (OS/P) to Community Purpose Facility (CPF) for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfYing a portion of the CPF requirement for SPA One (Project); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan (SPA One Plan) previously approved by the City Council on June 4, 1996 by Resolution No. 18286, wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 (EIR 95-01) and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 (EIR 97-03); and WHEREAS, the City's Environmental Review Coordinator has determined that the proposed project was adequately covered in previously adopted Otay Ranch Amended Sectional Planning Area One Final Environmental Impact Report Plan, (FEIR 97-03). Thus, no further environmental review or documentation is necessary; and WHEREAS, the Planning Commission set the time and place for a hearing on said 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 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., June 8, 2005, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and Resolution No. 2005-248 Page 2 WHEREAS, by a vote of 5-0-0-2 the Planning Commission recommended approval the project; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on said Project. 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 June 8, 2005, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Second-Tier Final EIR 95-01 and Final EIR 97-03, would have no new effects that were not examined in said Final EIR [Guideline 15168 (c)(2)]. III. ACTION The City Council hereby approves the amendment to the Otay Ranch SPA One Plan, including modifYing the land use designation on the Site Utilization Plan for Villages One, One West and Five; and adding a CPF Master Plan supplement to the document for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and satisfYing a portion of the CPF requirement for SPA One. The approval of the amendment is based upon findings contained herein and 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. SPA PLAN FINDINGS A. THE OTAY RANCH SPA ONE-PLAN AMENDMENTS ARE IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The Otay Ranch SPA One Plan amendment to modifY the land use designation on the Site Utilization Plan for Villages One, One West and Five, and add a CPF Master Plan supplement to the document for the purpose of maintaining consistency with the Community Purpose Facility Ordinance, 19.48.025, of the Chula Vista Municipal Code and to satisfY a portion of the CPF requirement for SPA One 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 No. 2005-248 Page 3 B. THE PROPOSED AMENDMENTS TO THE OT A Y RANCH SPA ONE PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Otay Ranch SPA One Plan amendment involves existing facilities and does not affect the development of the SPA One Area, which is generally built-out. C. THE PROPOSED OTAY RANCH SPA ONE PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch SPA One are designed for residential enjoyment and convenience. The privately owned and maintained recreation sites provide residents with convenient neighborhood amenities as promoted by the goals and objectives of 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 amendment follows all existing environmental protection guidelines through the provision of mitigation measures specified in the Otay Ranch SPA One Final Second-Tier Environmental Impact Report (Final EIR 95- 01 and 97-03). 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 THIS TITLE. The Project does 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 Project does not involve these Institutional, Recreational or similar uses. F. 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. The Project will not add any new traffic volumes. Resolution No. 2005-248 Page 4 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 PROPOSED LOCATION(S). The location of proposed commercial development area in the Village One core area of SPA One does not affect the subject Project and is consistent with the requirements of the SPA One Plan. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The SPA One 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 amendments to the SPA One Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. V. CONDITIONS OF APPROVAL The Project does not require any new conditions of approval. All previous conditions of approval remain in full force and effect. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions 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, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the 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 a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. ---.-- Resolution No. 2005-248 Page 5 Presented by Approved as to form by CA. 'Y\!v...cn~ "- Ann Moore City Attorney J" S. oval . lanning and Building Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of July, 2005, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda xfj-d~V- '"Stephen C. Padilla, Mayor ATTEST: - .:- --W Lu-q,-~-~ Susan Bigelow, MMC, City erk 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. 2005-248 was duly passed, approved, and adopted by the City Council at a regular meeting ofthe Chula Vista City Council held on the 12th day of July, 2005. Executed this 12th day of July, 2005. ~' ] ::- _ <.J...LL.1..J- I ~ g: J _IS---- Susan Bigelow, MMC, City Cler t:- III E E ~ rn CD fI) ::I 'C C III -J .... fI) ~ CD C o CD CI III :;: Resolution No. 2005-248 Page 6 ;;0 ~ ~S t7> 00 0')1:00 tJOr-..C"".-ILr)r-..."" "''''''''\0 ~"O....;~r.-)....;..$-.;."'O"*-.;...,;....;II')"'O~ t~i ~ ~ i.11 ;g iii ~! "CE !ffi "U !:!'" 11ft , II ",E c:: "56. Q) !t~ 0> 8 11 ~1"" Q) ~u'. bt ...J ~ ~ '" 0.....9 ~~ ~~ ~ -.. ,.... ..... 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