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Home My WebLink AboutReso 2005-288 RESOLUTION NO. 2005-288 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM IS-04-027; APPROVING AMENDMENTS TO THE CITY'S GENERAL PLAN, EASTLAKE II GENERAL DEVELOPMENT PLAN, AND THE EASTLAKE I VILLAGE CENTER NORTH SUPPLEMENTAL SECTIONAL PLANNING AREA SPA PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR THE NORTHERLY 13.3 ACRES AT THE NORTHWEST CORNER OF EASTLAKE P ARKW A Y AND MILLER DRIVE INTERSECTION I RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Exhibit A and hereto incorporated herein by this Resolution, and commonly known as EastLake Village Walk, and for the purpose of general description herein consist of 13.3 acres at the northwest comer of EastLake Parkway and Miller Drive intersection within the EastLake Planned Community (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, duly verified application was filed with the City of Chula Vista Planning Department on March 17, 2004 by Sudberry Properties, Inc. (Developer) requesting amendments to the City's General Plan, EastLake II General Development plan, Eastlake II Planned Community District Regulations and Land Use Districts Map, and the EastLake I Village Center North Supplemental Sectional Planning Area (SPA) plan and associated regulatory documents, including design guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for the northerly 13.3 acres located at the northwest comer of EastLake Parkway and Miller Drive intersection (Project); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: I) amended Eastlake II General Development Plan (GDP) approved by City Council Resolution No. 2003-140 on April 8, 2003, and City Council Resolution No. 2003-293 on July 8, 2003; 2) Eastlake I Village Center North Supplemental SPA approved by City Council Resolution No. 2002-264 on July 23, Resolution No. 2005-288 Page 2 2002, and amended by City Council Resolution No. 2003-293 on July 8, 2003; and 3) amended Eastlake II Planned Community District Regulations approved by City Council Ordinance No. 2905 on April IS, 2003, and amended by City Council Ordinance No. 2925 on July IS, 2003; and D. Planning Commission Record of Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on July 27, 2005 and voted 5-0-0-2 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on July 27, 2005 and the minutes and resolution resulting there from, are hereby incorporated into the record of this proceedings; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 500 ft. of the exterior boundaries of the Project Sites at least ten days prior to the hearing. NOW THEREFORE, BE IT RESOLVED that the City Council hereby find, determine and resolve as follows: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (IS-04-027) has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista, and reflects the independent judgment of the City. The City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (lS-04-027). IV. APPROVAL OF GENERAL PLAN AMENDMENT The Chula Vista General Plan Land Use Diagram is hereby amended as set forth and diagrammatically represented in Exhibit "A," a copy of which is on file in the office of the City Clerk, to change the land use designation of 13.3 acres at the northwest comer of EastLake Parkway and Miller Drive intersection from Research and Limited Manufacturing to Commercial Retail. Resolution No. 2005-288 Page 3 V. GENERAL PLAN INTERNAL CONSISTENCY The City Council hereby finds and detennines that the General Plan consistency is internally consistent and shall remain internally consistent following the amendments thereon in this Resolution. VI. GENERAL DEVELOPMENT PLAN FINDINGS THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN AS AMENDED. The proposed amendments to the EastLake II General Development Plan reflects the land use, circulation system and public facilities that are consistent with the City's General Plan as proposed to be amended. PLANNED COMMUNITY CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. A Supplemental Sectional Planning Area plan known as the Village Center North Supplemental SPA has been previously established for the Project Site, which was a continuation of the EastLake I SPA plan policies and development regulations, was adopted by the City Council on July 23, 2002. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA; AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES, SUCH AS SCHOOLS, PLAYGROUNDS AND PARKS ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The project does not involve residential development. VII. ADOPTION OF AMENDED GENERAL DEVELOPMENT PLAN In light of the findings above, the amended EastLake II General Development Plan is hereby as set forth and diagrammatically represented in Exhibit "B," approved and adopted in the fonn presented to the City Council and on file in the office of the City Clerk. Resolution No. 2005-288 Page 4 VIII. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLANS (AS AMENDED) ARE IN CONFORMITY WITH THE EASTLAKE II GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The EastLake I Village Center North Supplemental SPA Plan amendment reflect the land use, circulation system and public facilities that are consistent with the EastLake II General Development Plan and the City of Chula Vista General Plan, as set forth and diagrammatically represented in Exhibit "C," approved and adopted in the form presented to the City Council and on file in the office of the City Clerk. B. THE SECTIONAL PLANNING AREA PLANS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The development of the Project Site is subject to the requirements; restrictions and limitations prescribed in the EastLake I Village Center North Supplemental Public Facilities Finance Plan (PFFP) and therefore will be constructed in the order outlined in the PFFP. C. THE EASTLAKE SECTIONAL PLANNING AREA (SPA) PLANS, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The Land uses within the EastLake I Village Center North Supplemental SPA plan represent the circulation system and overall land use intent as previously envisioned in the EastLake II General Development Plan. Thus, the amended Supplemental SPA will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. 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 amendments do 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 proposed amendments do not involve Institutional, Recreational or similar uses. Resolution No. 2005-288 Page 5 F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The Project Site will be served by EastLake Parkway, a 4-lane prime arterial. EastLake Parkway has been widened to five lanes to accommodate the required turning lanes at the intersection with Otay Lakes Road. Regional access will be provided primarily by I-80S located approximately 5 miles to the west, and eventually by the future SR-125, immediately adjacent to the west. Required improvements installation timing and financing mechanism are discussed in the Village Center North Public Facilities Finance Plan. Thus, the streets proposed to serve the Project Site are suitable and adequate to carry the anticipated traffic thereon. 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 proposed amendments increase the acreage designated Commercial Retail to allow for a specialty commercial center development to provide needed commercial facilities, such as a gourmet supermarket, major bookstore, and facilities, including restaurants and other similar uses, to complement the existing major commercial center directly south. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously 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. BE IT FURTHER RESOLVED that in light of the findings above, the City Council does hereby approve the EastLake I Village Center North Supplemental SPA amendments and adopts the new EastLake I Village Center North Supplemental SPA plan as presented in Exhibit C subject to the conditions set forth below: IX. SPA PLAN CONDITIONS OF APPROVAL 1. Implement the Federal and State mandated conservation measures outlined In the EastLake I Village Center North Supplemental Water Conservation Plan. Resolution No. 2005-288 Page 6 2. Implement the non-mandated water conservation measures, which include 1) Hot Water Pipe Insulation 2) Pressure Reducing Valves, and 3) Water Efficient/Drought Tolerant Landscaping. 3. Prior to approval of building permits for each phase of the project, the applicant shall demonstrate that air quality control measures outlined in the EastLake I Village Center North Supplemental Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 4. Trash collection areas shall be covered, bermed or other approved method as approved by the City Engineer to prevent runoff of polluted water across paved areas into the storm drainage systems. 5. Implement all requirements of the Mitigation Monitoring and Reporting Program as stipulated in IS-04-027. X. 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 approvals herein granted, deny or further condition issuance of shall 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 Developer or successor in interest by the City approval ofthis Resolution. XI. 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 anyone 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. Presented by Approved as to form by ~~ :tes D. andoval lrector of Planning ~)(,~\\~~ Ann Moore ' City Attorney Resolution No. 2005-288 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of August, 2005, by the following vote: AYES: Councilmembers: McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: ATTEST: ~ -=- - V.J (. Lj~W ~ Susan Bigelow, MMC, Cit lerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certiry that the foregoing Resolution No. 2005-288 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 23rd day of August 2005. Executed this 23rd day of August 2005. -: ~JJh ,-~~d~ Susan Bigelow, MMC, City erk ~topb~~ General Plan Amendment ro;-',e.-, . ~)r 0<' tt.:;' i"A'" ~~. ""'"... ~ I ~ qj !::I /j lj) ~Ift. ---: COMMERCIAL INDUSTRIAL ~ _ Retail Professional &. Administrative _ Research & limited Manufacturing cnv Of (HUlA VISTA Excerpt from GENERAL PLAN. DIAGRAM Exhibit A Resolution No. 2005-288 -!,a.ti "t) ctSC:::C:::(1) s... Q)..!!! CI) Q) ED.. 0 c::: Q.. me. e (!) 0 a.. - Q) > Q) c. ({\,-\ . \\ a! !!: <( ~ - c: OJ E -c c: OJ ~ . !!mmmm J i~nwmnn\ .............. 1mHnjj~! , ......,....... H.........u. . i i I ..I ! i! e:; :0 C 111 "" ~ .. elm U>....__~:: It)N~N .... u 11 " oGt~ottfJ.~ ri"IID~~fD ~ ~ ~ ~ dl~ 5w~~"'~ ... IHf ~ f:~~I'h ~ 'ni t: ...... ~ I Q...EE>::r:~ ~ ..l ~ ~ Exhibit B " ~ r:;~ if! " \\ c.. \ \ \~\ \\ \ \' \ , ~ ~ ;j ~ :;; '" $ :;;; ::! ~I:! ~ ,,~ :::;::!I ~!:I _ .. - '" f . i!.~, Up .".11 i Li!l~ ",11 a ~",.t .Ua:: ihio&.JHI a:: "".a. ... ! .... j 1 . . .. .. ~~ '. .- ~.~~ m' ~, };[ (,)1 . -'"' _i Q. iLLl~ ~ I~i I!e-~ ~I....~~ h "" nlni ;~e- e it. ~LIJ~ ~I ~ Ii! -"-a ." '~< Resolution No. 2005-288 Page 10, .--L.. Site Utilization Plan Proposed I E-9 E.8 E.1 E-4 E-4 E-7 t ! 5 E.7 .............'. . n...........'........ ., ...................... VC-1 ~ . ... NO <I' SPA I Key Map Parcel I Land Use VC-1 Village Center VC-2 Viflage Center VC-4 Village Center E-10 ViI. Ctr. Employment TQtal Acres I 51.4 4.3 9.3 3.1 68.1 _ 11I._ SPA I Boundary Supplemental Village - .. - Center North SPA Boundary Note: Thi$ exhibit e/'ld mtli$lics are for the Vlllege Center North Supplemental SPA Planning Area only. Refer to the ElIstL8kel Site Ub'bzalion Plan for total SPA Plan mtlistics. .... " '... .. .... o. .... ... .... ... n. Am.endment Area .. .. ViRage Center North Supplemental SPA Pllln ..4fASTLAKE I A planned communi!)" by Tbe Ea$!La"" Company Cinllland Planning j-;"~~"'-I [n . ... .... .. ~ 6/14/05 Exhibit C