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HomeMy WebLinkAboutReso 2006-104 RESOLUTION NO. 2006-104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR OTA Y RANCH VILLAGE ELEVEN, LOCATED EAST OF EASTLAKE PARKWAY AND SOUTH OF OLYMPIC PARKWAY - BROOKFIELD SHEA OTAY (BSO) PROJECT LP WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 06- I 0, and is commonly known as Otay Ranch Village Eleven Tentative Map, (Property); and WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10", (Project), was filed with the City of Chula Vista Planning and Building Department on January 27, 2006 by Brookfield Shea Otay Project L.P., (Applicant); and WHEREAS, the application requests the approval for reVISIOns to portions of the approximately 489 acres of land in Village Eleven located east of EastIake Parkway and south of Olympic Parkway; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan (GDP) previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 (GDP Resolution) wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 (Program FEIR 90-01); and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that the Project was adequately covered in the previously adopted Final Second Tier Environmental Impact Report for Village Eleven Sectional Planning Area (SPA) Plan and Tentative Map and the associated Mitigation Monitoring and Reporting Program (FEIR-OI-02) that was approved October 23, 200 I; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) 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 March 22, 2006, in the Council Chambers, 276 Fourth Avenue, before the Planning Resolution No. 2006-104 Page 2 Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10 (PCS-06-1O). 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 March 22, 2006, 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 environmental impacts associated with this Revised Tentative Subdivision Map for Village Eleven have been analyzed in FEIR-OI-02. The City Council has considered FEIR-OI-02, and finds that it was prepared in accordance with the requirements of the California Environmental Quality Act [CEQA], Public Resources Code section 21000 et seq., the CEQA Guidelines, Cal. Code Regulations, Title 14, section 15000 et seq., and the Environmental Review Procedures of the City ofChula Vista. The City Council finds that none of the conditions in CEQA Guideline section 15162 calling for the preparation of a subsequent EIR have occurred. III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-10) involving 489- acres of land known as the Otay Ranch Village Eleven Tentative Map in this resolution, finding it is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Village Eleven SPA 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. TENTATIVE SUBDIVISION MAP FINDINGS . Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 06-10, (PCS-06-1O) as conditioned, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Village Eleven Sectional Planning Area (SPA) Plan, based on the following: L ~ __. Resolution No. 2006-104 Page 3 1. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. Tbe Revised Tentative Map retains the previously approved total of 2,304 residential dwelling units. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Village Eleven SPA Plan. The Applicant shall construct those facilities in accordance with City and the Village Eleven SPA Plan standards. 3. Housing The Developer is required to enter into an Affordable Housing Regulatory Agreement. The Agreement will set forth the number and location of affordable housing units in Village Eleven. 4. Parks, Recreation and Oven Svace The developer has already provided land via an irrevocable offer of dedication, payment of in-lieu fees, or a combination thereof towards a Community Park within the service area of Village II. The developer will also provide development Park Acquisition and Development (PAD) fees in accordance with CVMC 17.10. 5. Conservation The FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. Tbe Otay Ranch Resource Management Plan requires conveyance of land to the Otay Ranch Preserve for every one- acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Village Seven SPA Geotechnical Reconnaissance Report. Resolution No. 2006-104 Page 4 7. Public Safetv All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project will include noise attenuation walls. In addition, all buildings are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highwav The roadway design provides wide landscaped buffers along Eastlake, Hunte and Olympic Parkway. There is no scenic highway adjacent to the Project. 11. Bicvcle Routes Bicyclists will share internal streets with motor vehicles due to the anticipated low traffic volumes and limited speeds allowed on residential streets. 12. Public Buildings Public buildings are not proposed on the Project site. V. CONDITIONS OF APPROVAL The conditions imposed on the grant of Tentative Map approved October 23, 2001 and May 27, 2003 are approximately proportional both in nature and extent to the impact created by the proposed development. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the previously established 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 Resolution No. 2006-104 Page 5 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. Presented by Approved as to form by IJ ~\ ~"'0k\ VlSI~C\~ Ann Moore City Attorney i Sandoval anning and Building Director I L Resolution No. 2006-104 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of April 2006 by the following vote: AYES: Councilmembers: Castaneda, Chavez, McCann, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: Rindone d-f!.rf?~ ATTEST: (( f~~~ vf(/viJ- r Susan Bigelow, MMC, City Clerk 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. 2006-104 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of April 2006. Executed this 4th day of April 2006. , fi~ ~~ r Susan Bigelow, MMC, City Clerk Resolution No. 2006-]04 Pa e 7 R-24 R-25 Birch Rd ~ PROJECT LOCATION ................ : Revised Areas : .. . . . . . . . . . . . . . .. CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PRO.ECT PROJECT DESCRJPT1ON: ~ APPlICANT: Brookfield Otay LLC. SUBDIVISION PROJECT Otay Ranch Village 11, Phase 3, project Summary: Otay Ranch Village 11 Phase 2 and 3 ADDRESS: Revised Ten1ative Map. Revised TenIaIive Map. SCALE: FILE NUMBER: I Related cases: None No Scale P~10