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Home My WebLink AboutReso 2007-226 RESOLUTION NO. 2007-226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OT A Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN FOR THE OT A Y RANCH TOWN CENTER WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and is commonly known as Otay Ranch Town Center (Property); and WHEREAS, an application to consider an amendment to the Freeway Commercial SPA Plan allowing up to 960,000 square feet of floor area for the Otay Ranch Town Center as depicted in Exhibit "B" was filed with the City of Chula Vista Planning and Building Department on May 13, 2005 by General Growth Properties (Applicant); and WHEREAS, the applicant subsequently requested that consideration of a Sectional Planning Area (SPA) Plan amendment be suspended in order for the applicant and City staff to concentrate on the construction of the Otay Ranch Town Center to meet the applicant's opening date of October 27, 2006 and the applicant is now ready to complete the processing of the SPA Plan amendment; and WHEREAS, the Project was evaluated in the Otay Ranch General Development Plan Program Environmental Impact Report 90-01, and the Otay Ranch Freeway Commercial SPA Plan Final Second-Tier Environmental Impact Report 04-02; and WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial SPA Plan amendment (PCM-OS-l3) 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. August 8, 2007 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project 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 Freeway Commercial SPA Plan amendment. Resolution No. 2007-226 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: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 8, 2007 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 04-02, and Addendum thereto, 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 Otay Ranch Freeway Commercial SPA Plan 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 OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND CITY OF CHULA VISTA GENERAL PLAN. The amendment to add 93,000 square feet of floor area to the Otay Ranch Town Center in the Otay Ranch Freeway Commercial SPA Plan 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. . _-.-J Resolution No. 2007-226 Page 3 B. THE PROPOSED OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The additional square footage will be in the third phase of the Freeway Commercial SPA Plan and Freeway Commercial SPA Public Facilities Finance Plan and is consistent with the provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch Freeway Commercial SPA Plan are designed with arterial streets that separate the Otay Ranch Town Center from other existing projects. The project will provide a retail commercial project compatible with existing adjacent land uses, 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 Freeway Commercial SPA Final Second-Tier Environmental Impact Report (EIR 04-02) and Addendum thereto. 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 Otay Ranch Freeway Commercial SPA Plan does not involve these Institutional, Recreational or similar uses. Resolution No. 2007-226 Page 4 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. Road improvements will be constructed per the timing and threshold requirements outlined in the Freeway Commercial SPA Plan Public Facilities Financing Plan. 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 Freeway Commercial SPA Plan is consistent with Otay Ranch GDP. These commercial uses reflect the Chula Vista General Plan and Otay Ranch General Development Plan and will provide needed commercial services to future residents in the area as well as visitors. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The 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 Freeway Commercial SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, amended. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto and incorporated in the Project. 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. Resolution No. 2007-226 Page 5 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 es ~- Sandoval ing and Building Director ~fCl\\~~\"_ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 14th day of August 2007 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None G/~ Cheryl Cox, Ma ~r ATTEST: --~~~1~ 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. 2007-226 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 August 2007. Executed this 14th day of August 2007. iu to.-.J~~~ Susan Bigelow, MMC, City Clerk ~ ...- . -n .c . '-'" .C .m '(fl .~ . -' .tV . (J1 Future Village 7 PROJECT lOCATION C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT General Growth Properties PROJECT OESCRIPTlON: C) APPLICANT: MISCELLANEOUS PROJECT Olay Ranch~ Towncenler Request: Proposal for a SPA amendment toincresase (FAR) ADORESS: 2015 Birch Rd. floor area ratio. Total square footage authorized by SPA plan SCALE: FILE NUMBER: is being increased. NORTH No Scale PCM-05-13 Related cases: PCZ..Q5-01, 1S..Q5-022 EIZHI BI1' B Resolution No. 2007-226 Page 7 Provosed Amendment to Exhibit 5 from Freewav Commercial SPA Plan. adovted AUf[ust J. 2004 Village 6 Proposed Site Utilization Plan Symbol Land Use Max. . Max. S.F. j A.cres FAR: fOOlrs)"': I 86.2 e75!UZ -B6i'- 960 34.5 0.25 347 120.7 -8!f4- 1.307 '-i:;:-- I Fe-1 IFreeway Commercial FC.2 Freeway Commercial Sub-tolal ~circulation (Arterials) Sub-total UFreeway Project Total 12.4 133.1 26.9 160.0 EastLake 'R"n"Il!PC-............' """"""if', w",_,>il>incm.'~""r~C3bt~lj""F^A 0;"0' ''': The~tJ/II>IJm<h'imum,qe."'fooI/'JfJ'I.ocI"""~r"575'4"I""'~Dm.IlIt>IJII",,.rwJi~bRsed ...,......'t>IO ,0.;"... ;".~~_.""""",.~""...,.._"'SPA_ "''''''''''''.'''''2.l'll " -'~--. ". ""'-.:::,r -~~'''''''' <.(;~ -i Ii' ~ '" ~ '" . I I FC-2'/-'^" i I I il.O ' , IN : " !,... I , I' ' I ct: : : __..... "'1 . . ~-~'\\ : ,......--;:;..::::- \, ~-- \ .. ."'o.... ...._. ___:::::::.-- \\ J ,'-'_- \c__ ,r r-- 'I II II \\1 \\T~'''' I I I\" II II I ~~ II FC-1 1\ II II I, II II II II I~=:=-- II Ii II _~I/ II _--=.==0-'=--==-'1' ~-- I --..,.- TT"'; T "7:r-.. /-/7/~~ _._' __ I~\ Detail of Freeway Commercial land Use ;;-;.'777}, 75' Enl'BTlCflmenl Buffflr 7.5 ." ,i .-,< \\.. ViII:ge 11 '. ,/-o!f.f pf. , f8\\S Birch Rd. ~--- Eastern Urban Center I ....."' l-.....-:.......-iJnlemal Streets t-.....:::_....; 2.6 80.9 29.7 120.7 FC.1 NellNel Area FC.2 Nel1Nel Area Total ~\!~ Fe. ~ reeway ommerclal cmOJ' CHUlAVISTA OTAY RANCH ), Land Planning _l>I.....e~.."lnl.7_ n"" r1-l'"1. ..... ~ 4f,SfDS