The URL can be used to link to this page

Home My WebLink About1994/08/23 Item 7 COUNCIL AGENDA STATEMENT ITEM TITLE: Item ,i 1 Meeting Date~ \/ ,,3/'i'l Public Hearing: PCl-94D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88- 3A; Consideration of prezoning and incorporating approximately 22.7 acres of land within Eastlake Greens and amending the Eastlake II (EastLake I Expansion) General Development Plan, Eastlake Greens SPA Plan, Eastlake II (Eastlake I Expansion) Planned Community District Regulations, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens Water Conservation Plan, and Eastlake Greens Master Tentative Map (Chula Vista Tract 88-3) - Eastlake Development Company Ore~ance 2.c..oo Approving the prezoning of 22.7 acres of r-.UO?Jrimcorporated land to P-C Planned Community and adopting Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program thereto ~NO ~'E.r-.O\NG S't.C~O t>.NO ~t.t>.O\NG S'E.crJAO Ordinance '2<.01 Approving amendments to the Eastlake II J.Ea.~N/At~ Expansion) Planned Community District Regulations (Land ~'District Map only) and adopting Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program thereto Resolution 1,,"1\ Approving and imposing amendments and conditions on the Eastlake II (Eastlake I Expansion) General Development Plan, Eastlake Greens Sectional Planning Area Plan, Eastlake Greens Air Quality Improvement Plan, Eastlake Greens Water Conservation Plan and Eastlake Greens Master Tentative Subdivision Map and adopting Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Re orting Program thereto ~'4' SUBMITTED BY: Director of Planning REVIEWED BY: City Managc;r ~ (PI ~(, X" The Eastlake Development Company has requested amendments to the Eastlake II General Development Plan, Eastlake Greens Sectional Planning Area (SPA), Eastlake II Planned Community District Regulations, Eastlake Greens Air Quality and Water Conservation Plan, Eastlake Greens Master Tentative Map and a prezone and addition of approximately 22.7 acres of unincorporated land to the existing Eastlake Greens SPA area. The purpose for the above request is to: ~ 1-\ Page 2, Itemd Meeting Date~ I. Incorporate into the planning and regulatory framework of the Eastlake Greens SPA Plan those parcels of the (previously approved by City Council on December 14, 1993) Eastlake Greens General Plan Amendment which take access from the internal circulation of the Eastlake Greens Planned Community (northeast of the SDG&E transmission lines - see attached locator); 2. Improve the spatial and functional relationship of residential density/product distribution within the Eastlake Greens Planned Community area; and 3. Update the Eastlake Greens SPA Plan and supplementary documents to reflect current statistics and technical refinements based on site plan approvals and market considerations. The documents affected by the amendments, as proposed to be revised, have been provided for your consideration and approval. The Environmental Review Coordinator has conducted an Initial Study, IS-94-19, of potential environmental impacts associated with the implementation of the project. Based on the Initial Study, and comments thereon, the Coordinator has concluded that there would be no significant environmental impacts and recommends adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program issued on IS-94-19. RECOMMENDATION: That City Council adopt the ordinances and resolution attached hereto, approving the amendment to Eastlake II General Development Plan and Planned Community District Regulations (Land Use District Map only), the Eastlake Greens SPA Plan, Air Quality Improvement Plan, Water Conservation Plan and Master Tentative Map (Chula Vista Tract 88-3) and adopt Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program thereto based on the finding and subject to the conditions contained herein. BOARDS/COMMISSIONS RECOMMENDATION: On July 27, 1994, the Planning Commission voted 6-0 to recommend that City Council approve the proposed amendments in accordance with Resolution PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PCS-88-3A. On April II, 1994, the Resource Conservation Commission voted 5-0 to accept (approve) the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program thereto. DISCUSSION: The Eastlake Greens, which is a part of the overall EastLake Planned Community, is proposed to be expanded to include two presently unincorporated areas totalling approximately 22.7 ~ ,-'2- Page 3, Item Meeting Date 8/1 acres. One is a strip of land next to and north of E. Orange Avenue east of the SDG&E easement, and the second is a triangular parcel northeast of the SDG&E easement. Both of these areas were a part of the Eastlake Greens General Plan Amendment which was prompted by the land swap between The Baldwin Company and EastLake Development Company, was intended to establish logical development boundaries for EastLake and the Otay Ranch developments and was approved by City Council on December 14, 1993. The General Plan land use designation for these parcels is Residential/Low-Medium (3-6 dulac). They are planned for development at the midpoint of the density range (4.5 dulac), thus a total of 97 dweJling units would be added to the previously approved 2,774 dweJling unit total for the EastLake Greens Planned Community area yielding a total of 2,871 dwelling units within the EastLake Greens. As a result of previous Council action approving an amendment to the EastLake Greens GP A in 1993 (reference Resolution 17309), the developer is obligated to comply with an affordable housing condition which commits the EastLake Greens Subdivision to provide 10% low and moderate affordable housing. In addition, the City Council has established an EastLake Housing Task Force which is addressing the issues of affordable housing for the entire EastLake area. The Task Force is scheduled to complete its work within the next two months. I. Eastlake II General Development Plan Amendments The General Development Plan text, map and statistical tables are proposed to be amended to reflect the expanded Eastlake Greens boundary and the following land use designation modifications which represent the requested density additions and transfers within the Eastlake Greens Planned Community. a. Removal of the previously assigned Interim Designation land use status from Parcel R-27 and R-28. These parcels were assigned interim designation densities of 4.5 dulac at the time of the original EastLake Greens SPA approval; however, these densities were anticipated to be increased upon completion of the then pending General Plan Update. b. Change of the residential land use designation for Parcel R-28 from Low- Medium (3-6 dulac) to Medium (6-Il dulac). [Note: Parcel R-27 is proposed for a four-unit increase (see page 4)). c. Assignment of Interim Designation Land Use status to three additional parcels southwest of the SDG&E easement. These parcels are planned to be developed in conjunction with the portion of the EastLake Greens land swap area which was not included as part of this General Development Plan amendment and is located southwest of the SDG&E easement. A separate General Development _J;l ~ l-~ Page 4, Item Meeting Date 8/ Plan amendment is anticipated to be processed for this portion of the land swap at a future date, at which time final density assignments and removal of the interim designation status from parcels R-9, OS-5, and FU are anticipated to be made. The above amendments have been incorporated in the proposed GDP Plan map. (Exhibit I of EastLake II General Development Plan) 2. Eastlake Greens SPA Plan Amendments The SPA Plan is proposed to be amended in five areas; boundary, density, trails, small lot guidelines and scenic highway standards for Orange Avenue. a. Boundary Amendment: As previously discussed, the Eastlake Greens Planned Community boundary is proposed to be expanded by 22.7 acres. Parcel R-IO is proposed to be expanded by 17.5 acres to incorporate the area between the current southerly boundary ofEastlake Greens and realigned E. Orange Avenue, and two 2.1 acre triangular areas are proposed to be added to Parcel R-20 and R-23 (one to each parcel) for a total of 4.2 additional acres. The boundary amendments have been incorporated on the proposed Site Utilization Plan (Exhibit 3 of EastLake Greens SPA Plan). b. Density: A total of 97 additional dwelling units are proposed to be added to the Eastlake Greens SPA Plan as a result of the boundary change. In addition, approval of minor and major density transfers within the SPA area have been requested. All density modifications (additions and transfers) have been included in the Site Utilization Plan statistical table (Exhibit 3 of EastLake Greens SPA Plan). Density transfers can be categorized as minor technical adjustments and changes in product type, from attached dwellings to detached small-lot developments. Minor technical adjustments are density transfers, both plus and minus, resulting from the actual site planning of individual parcels. These changes do not reflect any change to the original density range. Following is a summary of the parcels proposed for minor technical adjustments. ~ 'l-'-( Page S, Item Meeting Date 8/ Parcel Number Dwellinl! Unit IncreaselDecrease R-7 R-II R-14 R-23 R-22 R-24 R-25 R-27 -5 -5 +2 +9 (GPA based) -5 -4 +4 +4 More significant density changes are also being proposed as a response to product changes, from attached dwellings to detached small-lot developments. There are five parcels affected by these changes: R-3, R-IO, R-15, R-20, and R-28. Following is a summary of those density transfers. Parcel Number Dwellinl! Unit IncreaselDecrease R-3 R-lO R-15 R-20 R-28 +26 +79 -23 -18 (-27 total with boundary adjustment density added) +33 Parcel R-3: This site is still proposed to be developed with single family detached housing, however, the density of the parcel has been increased from 3.8 dulac to 5.0 dulac, in order to provide smaller lot sizes consistent with the market demand. The average lot size has been reduced from 6,500 sq. ft. to 5,000 sq. ft. Parcel R-IO: The density of this parcel is proposed to be slightly decreased, from 6.0 dulac to 5.4 dulac due to the addition of the area associated with the realignment of E. Orange Avenue at 4.5 dulac. Parcel R-15: The density of this parcel is proposed to be reduced from 7.6 dulac to 5.6 dulac. The decrease is related to the change from attached to detached housing. Parcel R-20: The density on this parcel is proposed to be reduced from 12 dulac to 9.3 dulac due to the proposed dwelling unit transfers to other parcels. ~ 1-.5 Page 6, Item Meeting Date 8/ Parcel R-28: This parcel was originally planned to be developed as a high density area and was one of the parcels which were previously assigned an Interim Density designation status. Whiie the original high density designation is not being pursued, the present allowable density of 4.5 dulac is intended to be increased to 9.8 dulac due to the parcel's prime location and accessibility to facilities. The proposed density provides flexibility for the development of either attached multiple-family dwellings or single-family detached small-lot product developments. Aside from the 97-unit increase resulting from the additional 22.7 acres included in the new EastLake Greens boundary, all of the above referenced density transfers result in a no-net increase from the approved 2774 du's authorized for the EastLake Greens. c. Trails: A Golf Course Trail was originally approved as part of the Eastlake Greens SPA Plan. A portion of this trail was planned to extend along the golf course's perimeter. The developer proposes realignment of this portion of the Golf Course Trail off the golf course frontage on to public sidewalks in order to minimize exposure of the public to hazards and the City to accident liabilities. The trail is still proposed as a loop within the Eastlake Greens Neighborhood, fronting the golf course at points which afford scenic views. A series of six vista points/rest stops are proposed to be provided at strategic locations around the course. The vista points are proposed to include seating areas and are located in areas of reduced hazard potential. Markers along the Golf Course Trail are proposed to identify the trail and direct the public to the vista points. The proposed Golf Course Trail realignment is shown on the proposed Trails Plan (Exhibit 8 of EastLake Greens SPA Plan). d. Small Lot Guidelines: Additional design guidelines for single family detached lots under 5,000 sq. ft. are proposed to be included by referencing the City's Design Manual in order to address specific small-lot development design issues. e. Scenic Highway Standards: A 75' wide (average) landscaped buffer is proposed to be provided on the north side of E. Orange A venue within the Eastlake Greens area. The proposed buffer will be consistent with the 75-foot wide scenic buffer treatment for the south side of E. Orange A venue, which was previously approved by City Council in conjunction with the Otay Ranch General Development Plan. ~ 1-<- '. Page 7, Item Meeting Date 8/ 3. Eastlake II (Eastlake I Exoansion) Planned Community District Regulations Amendments The Land Use District map in the Planned Community Regulations document is proposed to be amended to reflect the new Eastlake Greens boundary and the following changes in land use districts which have been influenced by current market cielnands for certain residential product types. a. Parcel R-16 and R-18: The land use district designation for these parcels is proposed to be changed from RP-8 (Residential Planned Concept - 8 District) to RC-IO (Residential Condominium - 10 District). b. Parcel R-27: The land use district designation for this parcel is proposed to be changed from RM-44 (Residential Multi-Family - 44 District) to RS-7 (Residential Single Family - 7 District). c. Parcel R-28: The land use district for Parcel R-28 is proposed to be changed from RM-44 (Residential Multi-Family - 44 District) to RC-IO (Residential Condominium - 10 District). 4. Eastlake Greens Air Ouality Improvement Plan and Water Conservation Plan Amendments Minor statistical amendments to the previously approved Eastlake Greens Air Quality Improvement Plan and Water Conservation Plan are being proposed to reflect updated project data. 5. Eastlake Greens Master Tentative Subdivision Map Amendments The Master Tentative Map for Eastlake Greens is proposed to be amended to: a. Include the 22.7 acres of land which are intended to be added to the EastLake Greens SPA Plan area (T.M. sheet #8, 9 and 10); b. Exclude Parcel R-9, OS-5, and FU which are located southwest of the SDG&E transmission line (T.M. sheet #9); c. Reflect the new Orange Avenue road alignment (T.M. sheet #9 and 10); .-J" - '7 I-I Page 8, Item~ Meeting Date~ d. Reflect changes in development patterns of previously subdivided parcels, resulting from the requested density transfers and additions to the Eastlake Greens SPA Plan (R-7rr.M. sheet #3, R-llrr.M. sheet #4, R-14rrM sheet #6, R-3rrM sheet #7 and 8). A number of conditions have been recommended by the Engineering, Planning and Fire Departments as conditions of Tentative Map approval. The majority of these new conditions reflect new City standards which were adopted subsequently to the approval of the EastLake Greens Master Tentative Subdivision Map. These conditions are listed on page 9-15 of the attached draft City Council Resolution. 6. Prezone A total of approximately 22.7 acres of presently unincorporated area is proposed to be added to the Eastlake Greens Planned Community. The area is presently zoned S- 87/Special Purpose Limited Control - I du/25 du (San Diego County Zoning) and is proposed to be prezoned Planned Community. The subject parcels are anticipated to be annexed within a year, upon completion of the City's Sphere of Influence Study currently underway. ANALYSIS The current Eastlake II General Development Plan, Eastlake Greens SPA Plan, and Eastlake II Planned Community Regulations are inconsistent with the recent General Plan amendment with respect to the alignment of E. Orange Avenue, and logical development boundaries in and around the SDG&E easement. Both of these inconsistencies relate to the EastLake Greens land swap actions. The proposed amendments will bring the Eastlake Greens SPA Plan and associated documents into conformance with the amended General Plan as well as the Public Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation Plan, and will provide the public with updated plans of intended development. The amended GDP/SPA Plan statistics will also provide a more accurate basis for other planning purposes, such as projection of infrastructure needs. The majority of the proposed density transfers are intended to address market demands and are consistent with the general development pattern and density previously approved for Eastlake Greens. These amendments also allow a more logical transition of construction within the Eastlake Greens Planned Community, consistent with the phasing of internal and external infrastructure. Accomplishment of the amended SPA plan would continue to allow construction of public facilities; such as parks, schools, and transportation facilities to be provided in a timely manner. ..tJ-r' I-V Page 9, Item Meeting Date 8/1 The proposed amendments incorporate a number of minor technical plan refinements. The updated statistics for developed or precisely planned parcels provide a more accurate planning document. The refinement of the trail system for public view of the golf course provides an less hazardous and thus preferred system. The inclusion of small lot guideline references within the Eastlake Greens SPA Plan would improve the site plan review of such projects. The amendment to the scenic highway standards for -E. Orange A venue will enhance the visual quality of the scenic corridor. FISCAL IMPACT: The addition of 22.7 acres and 97 additional dwelling units has no measurable impact on the original fiscal analysis prepared for EastLake Greens. The original fiscal analysis concluded that the project results in a positive fiscal return to the City. Attachments: Mitigated Negative Declaration 18-94-19 and Mitigation Monitoring and Reporting Program Resource Conservation Commission Minutes (4/11/94) Planning Commission Resolution PCZ-94-D/PCM-94-24/PCM-94-27/PCM-93-6/PC8-88-34 Planning Commission Minutes (7/27/94) Disclosure Statement M:\home\planning\2078.94 ...J). ~- ,-~ PROJECT AREA 08-1 ..'" ~.# q # ~ 08-2 08-3 PQ-1 ............... ...... :.:.:~:.:.:.:.:.:.:. INDICATES AREAS TO. BE ADDED .......... CHULA VISTA PLANNING DEPARTMENT C) APPLICANT: Easdake Development PROJECT DESCRIPTION: EASTLAKE GREENS ADDRElS: 900 LaDe Aveaae SPA/GDP/Prezone/P.C. Amendments SCALE: FILE NUMBER: J'1 .~- NONE -- , NORTH I-/Q O~ANCE NO. ,;. "tJ(? '?--& ~v: ~INANCE OF lHE CITY COUNCIL OF lHE CITY OF VISTA APPROVING TIlE PREZONING OF 22.7 ~~ ~ CRES OF UNINCORPORATED LAND TO P-C PLANNED cP COMMUNITY (PCZ-94-D) AND ADOPTING MITIGATED ~<r) . NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM 1lIERETO I. RECITALS A. Project Site WHEREAS. the properties which are the subject matter of this ordinance are diagrammatically represented on Exhibit 1 attached hereto. and incorporated by this reference and located northeast of the SDG&E tpncmi~sion easement. north of E. Orange Avenue and west of Hunte Parkway adjacent to the community of Eastlake of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS. on March 21. 1994. the Eastiake Development Company ("Developer") filed an application requesting prezoning of approximately 22.7 acres of unincorporated land to P-C Planned Community ("Project"); and C. Prior Discretionary Approval WHEREAS. the Project Site has been the subject of a General Plan Amendment (Eastlake Greens GP A 93-2) previously approved by the City Council on December 14. 1993 by Resolution No. 17039 ("GPA "); and. D. plAnning Commission Record on Application -- WHEREAS. the plAnning Commiosion held an advertised public bearing on slid project on July 27. 1994. voted to recommend that the City Council approve the prezone in accordance with the findings and subject to the conditions listed below. E. City Council Record on App\ication WHEREAS. . duly called and noticed public bearing was held before the City Council of the City of Chula Vista on August 16, 1994. on the Discretionary Approval Application. and to receive the recommendations of the plAnning Commission. and to bear public testimony with regard to same; and ~ :'") A-I .' Ir '" F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (August 16, 1994), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments and conditions on the EastLake n (EastLake I Expansion) General Development Plan, EastLake Greens Sectional Planning Area SPA Plan, EastLake . Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan, and EastLake Greens Master Tentative Subdivision Map (pcS-88-3), and introduced for first reading Ordinance No. by which it amended the EastLake n (EastLake I Expansion) plAnnl"il Community District Regulations Land Use District'Map. ' NOW, THEREFORE, the City of Cbula Vista does hereby fmd, determine and , ordain as follows: n. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on July 27, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. m. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Cbula Vista has reviewed, analYzed and considered the Mitigated Negative Declaration on IS-94-19 (known as Document No. on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. .on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is ,no substantial evidence that the Project .will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the aignificant environmental effcct(s) identified in the Mitigation Negative Declaration will be -2- ~ ,A-2- . reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby approved to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPUANCE WITII CEQA The City Council does hereby fmd that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental ~view Procedures of the City of ChuIa Vista. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council frods that SEIR-86-04 and Addendum and Mitigated Negative Declaration IS-94-19 reflect the independent judgement of the City of Chula Vista City Council. VI. P-C PLANNED COMMUNITY PRE-ZONE FINDINGS The City Council hereby frods that the proposed prezoning to P-C Planned Community is consistent with the City of Chula Vista General Plan, and that public necessity convenience, the general welfare, and good zoning practice support the prezoning of the Project Site to P-C Planned Community. VII. CONDITIONAL PROJECT APPROVAL The Zoning Maps established by Section 19.18.010 of the Chula Vista Municipal Code are hereby amended by adding thereto the following prezoning of property pursuant to Section 19.12.020 of said Code which zoning shall be subject to the General Conditions set forth herein below and become effective at and upon the date the subject property is annexed to the City of Chula Vista: That certain property consisting of approximately 22.7 acres located, northeast of the SDG&E casement. north of E. Orange Avenue and west of Hunte Parkway to PC (planned Community) as shown on Exhibit #1 hereto. . vm. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing prezoning is hereby fUrther conditioned as follows: A. Project Site is Improved with Project -3- ~~<J j ,A-3 Developer, or their successors in interest, shaH improve the Project Site with the Project as described in the Mitigated Negative Declaration, except as modified by this Ordinance. B. Implement Mitigation Measures Developer sba11 diligently implement, or cause the implementation of, all . mitigation measures pertaining to the Project identified in the Mitigated Negative Declaration. C. Implement the Mitigl!tion Monitoring and Reporting Program Developer shaH implement, or cause the implementation of, all portions of the Mitigated Negative Declaration 1S-94-19 Mitigation Monitoring and Reporting Program. IX. CONSEQUENCE OF FAILURE OF CONDmONS If any of the foregoing conditions fail to occur, of if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and mtintained according to their terms, the City shaH have the right to revoke or modify all 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 their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Ordinance. X. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XI. 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 sba11 be deemed to be automatically revoked and of DO further force and effect ab initio. -4- .J L~ 'I lA - 'l XII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Robert A. Leiter Director of Planning Broce M. Boogaard City Attorney M:Ibom<\pIlllnin&I2072.94 ) - -5- __J)"A -.5 fA-S . ;. . .~'. . : .' r'-:c 'J ~~~:IDING t.o;.-'....,~,;;;l<t c ~ ~ASTLAKE A PLANhID COMMUNITY IN 1Hl CITY Of CHULA VISTA . IAS'Il.N<E I -,- CBULA VISTA PLANNING DEPARTMENT (!) PIIOJICT DUCIIIPTlON: E'PIIBIT ",1 Prezone or 22.7 ICres to Planned Community (P-C) 'CALI: FILl NUMIIII: ..I1.<J r NORTH N/A pez - 94 - D 'A-~ ~\o~ ~ ~<:P ORDINANCE NO. e2.. &, p / '?-~ s;\.{:> ~~ AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY OF ,.O~<:) CHULA VISTA APPROVING AMENDMENTS TO THE S<:,v EASTLAKE n (EASTLAKE 1 EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (lAm> USE . DISTRICT MAP ONLY) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON IS-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO I. REClT ALS A. Project Site WHEREAS. the propenies which are the subject matter of this ordinance are diagrammatically represented on Exhibit 1 attached hereto and incorporated by this reference. and located within the EastLake n (EastLake 1 Expansion) Planned Community Area of the City of Chula Vista ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS. on March 21, 1994. the EastLake Development Company ("Developer") filed an application requesting amendments to the EastLake D (EastLake I Expansion) Planned Community District Regulations (known as Document No. _ on file with the Office of the City Clerk) Land Use District Map and Land Use District designations of certain areas within the EastLake Greens Planned Community ("Project"). C. Prior Discretionary Approvals WHEREAS. the Project Site has been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council Resolution No. 15199 ("EastLake Greens SPA Plan") and planTWI Community (p.C.) District Regulations previously approved by City Council Ordinance No. 2317 (EastLake n-EastLake 1 Expansion - planTWI Community District Regulations) on July 18. 1989. D. planning (:(>mmi~$ion Record on Applications WHEREAS. the Planning Commission held an advertised public hearing on said project on July 27. 1994. and voted to recommend that the City Council approve the plannM Community District Regul~tion amendments in accordance with the findings listed below. ~n-) ,8-1 The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on July 27, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16, 1994, on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (August 16, 1994), the City Council of the City of Chula Vista approved Resolution No. _ by which it imposed amendments and conditions on the EastLake n (EastLake I Expansion) General Development Plan, EastLake Greens Sectional Planning Area SPA Plan, EastLake Greens Air Quality Improvement Plan, EastLake Greens Water Conservation Plan, and EastLake Greens Master Tentative Subdivision Map (pCS-88-3), and introduced for first reading Ordinance No. _ by which it approved the prezoning of 22.7 acres of unincorporated land to P-C Planned Community (pCZ-94-D). NOW, THEREFORE, the City of Chula Vista does hereby find, determine and ordain as follows: ll. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered Mitigated Negative Declaration IS-94-19 (known as Document No. _ on file in the Office of the City Clerk), the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the Council finds that there is no substantial -2- ~ ,6-2- evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitigation Monitoring and Reponing Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigation Negative Declaration will be reduced to below a level of signific!nce if the mitigation measures in the Mitigation Monitoring and Reponing Program are implemented. The Mitigation Monitoring and Reponing Program is hereby approved to ensure that its provisi9ns are complied with. ID. CERTIFICATION OF COMPUANCE WITII CEQA The City Council does hereby fmd that the Mitigated Negative Declaration on IS-94- 19 and Mitigation Monitoring and Reponing Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State ElR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCn. The City Council fmds that the Mitigated Negative Declaration on IS-94-19 reflect the independent judgment of the City of Chula Vista City Council. V. FINDINGS FOR P-C PLANNED coMMUNITY ZONE AMENDMENTS The City Council hereby fmds that the proposed amendment to the EastLake II (EastLake I Expansion) Planned Community District Regulations are consistent with the City of Chula Vista General Plan, and public Decessity, convenience, the general welfare, and good zoning practice support the amendments. VI. CONDITIONAL APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the PIIIn.-l Community District Regulation amendment to the Land Use District Map, subject to the General Conditions set forth below. VII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing pllInning Community District Regulation amendment which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: -3- ~.2.8- ~ 1&-3 '.,'. , A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Mitigated Negative Declaration, except as D;1odified by this Ordinance. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of the Mitigation Monitoring and Reporting Program pertaining to the Project identified in the; Mitigated Negative Declaration on 1S-94-19. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of the Mitigation Monitoring and Reporting Program pertaining to the Project. D. Contingent Upon Annexation Approval of the Land Use District Map boundary adjustment and land use district designations for unincorporated areas is contingent and sha11 become fmal upon annexation of said properties to the City of Chula Vista. VIIl. CONSEQUENCE OF FAILURE OF CONDmONS 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 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 their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. x. INVALlDITY; AUTOMATIC REVOCATION -4- -/.;. {J- ., 16-'1 It is the intention of the City Council that its adoption of this Ordinance 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 sba1l be deemed to be automaticaily revoked and of no further force and effect ab initio. XI. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thinieth day from and after its adoption. Presented by Approved as to form by Bruce M. Boogaard City Attorney Robert A. Leiter Director of Planning (f,\bOmelpIonniniIWP=I.ordl -5- ~ ,;...:)./J .,..> 16-...5 . '. r ( PROPOSED Land Use Districts 1 --I \ j -~'~r'l - .!c~, )<,~" -::- ::;'C! . ~;:).. "'~Y~";-/ >/ , ~=-_";:..IIoo':::;'':: . \_-.........,,-.. C...................-\'~.,,'--~ ( flNI.I]......--..__. \\ ....~ ............... \ ,.-, -....., /,,', " ' ,\ ........' \ r--\ 1':-,""""-',''''-- ...., \ \ ..1 //, .~~J-I _ (/I..<.--...::....",,''<'-"j. _ ~~'\.. . -;."\ \ I ,:/ (__~ l;j~ \.. _'1 'l \\..._ ,:.:. /1 \'\../ i~-' \ - ..::: )~-,~,l #-::"';;'~r)l\ \\ K-' )1 -=-;J ~ _ ~~7/ ),k.:rt),i \ \~I C-I ii E.' lr;-tJ }:;#' j,?"_1I ,/ - Vflllt....\ I, \\ Ii.... \,_1 I --U"- (' ;,f<"" I"",-~~.:;?-, _4"-'-" V" IK, './ .., / 'ii '-'\...I, -.,-'\' ~.. ~ "'-<-=-1 _. ~ _ ~ K-. ;,1_ \ I' ,~/-\\",\\oo-j ,v "'--,'.-// \_. ~.. \,,,::"-.. K.... I _ if. .,....... -- I. _~Q ',1---- . .."" ---- '\ I' - \. --~..::-->:::::::......... \ ,we-t ...~- -~:'.... ........, _\~',' " \ .}'........ -;::7.....x:::!------.... ~:'-.. .... '.;. .1 \ .e--. (~.,,..""'" -. _......---,..." '\, " '. 1\ ~ ',1 ~/ v_ =-.... '-"I '\... ~0 ~ OII:~' II I / /..-=-~),.. ) >'/'. AESIOENT1AL. ...~ .?'!1"'\ --- II I ./' I ~ / //1/ ,<, ,., ~ -/,l,--':"";... II I k~ ' y./ ':---"'" ...,:-..............-.DiIR:I "',c' r;-:-......... \/..;;.--" .' I::{ ,.c..'__ ...... ~blaN-'lliIIIlrcl --.: :i, / ....... ~;...::-/(" ~"-)-_~I,, '\ J"/ \.---'......'_ we..f - Ii" .....1, ""'./ I j I ...._~ '__ ....-11 ~ ---=-I I .,' __....'.....7CMroi:l : '----; ',oH././-; 1 ! I ,/.... ---:-=---~' \! ........-..o...,..or... I! "I '"'~ I / I ....._JI . --.." ... 1...1 ,'-. \ _--."..... .: - ... I' 11.-' ,,- \ ---- . - . ---.... II ~ ..-. t.. ,~-"'''-:v-..... -...J .... "'--- /_ ' ____.......~-DOoIlnc1)" ~-jr"'........ "...",_-::::::-_' ..-. ~ __"~-'5o._1 . ~ i,....-.Ol~.~ft-o, ~-==-~,- ...." .-'t ," '\, 0." ~""','" I r:=~?^-.-:-':"'~~T\ .... ".....~I ~~.no.n:t ""'1' 'i I I "/ ,eM......,'. " -"-.:.,...,. ~"""...,....y-I5O'_1 j'I:1 "I'-. J ... \' \ I ... r, ...,\ \:): / ""-. \ \ ..1 _n', ,,' ~-;, \ \ __)---, ,""-.:.:,'0" - \. \ .........; ___""",""...,-oWo.tncl .....__ -t" ,\', \ ~ --" r--....~.,:, IOC-'. "-I II - !.,.... _./ , \ \ , ,.." VUAGE CENTER : we-. 'IIOC-." -.,..- "!;.. \ \ \ ...., ',:~\' ,- , J' Sco, , \IaI..c.M.~'" L. ,we.i,.' ,\---.... \ \ : .... '" '':''~~''~' , ' , ~.--""::::'~... . I I / ,....1 ',' ,,' VC-2 I VillI.. Cenl..... ,~.. '^' " _ "\..:: .~, I \ ~ I /" /":":" \... .... Ivc.-'Iw...c-.-~ 'v" b'~ \)'-L//:.,j'\_..\~. 011-. ~....' /,.// \ "-~. BUSINESS CENTER ., IOC-'""~ !"1Q:":10~:..)";/' -- ~~1 -.-uc...-.............._-,.- <~" 'b7j=- -.;:. ..:A ~ .':' __.....r_. ....' ,I -.;-' ..... Ie-' ..... c.M. . .....KVI'IO ___ 0._' -. ~ '( . '..' .'.' ~ ;,,"~._::;.:.:/~y. ~IA' ~..-- ~---~ ~~ =;~~ os-, '--' -..-.-, CllI1nc:I 01-2 0.-.... - 2 OIl_' 0$-' 0.-.... -, 00.Incl os-c ClIoIn .... - . CIarc1 0&-5 0.- ~ . . o.lfct 0&-4 O""~-.DoRf1c:I 01-' ClIoIn"'-7C1l1ftrt f~l f_.l.t"*"o..lnC1 [III Areas being amended -..--.. -...--. -..-- _.._n" ~ FASTLAKE A PlANIlED CXlM>UITY 1'1 EASlI.AKE llEW.CI'MNI co. mCnti u~~ ".t...~ CBULA VISTA PLANNING DEPARTMENT C) J ') 0_ 1- PIlOJECT DElCIlIPTION: EXHIBIT 4< 1 -Eastlake n (Eastlake I Expansion) ." Planned Communi~ District ICALE: FILE NUMIEIl: Regulations Land se Districts NORTH N/A PCM-94-24 Map Amendment . 16- (.,