HomeMy WebLinkAboutReso 2008-045
RESOLUTION NO. 2008-045
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING
AREA (SPA) PLAN AND VILLAGE CORE MASTER PRECISE
PLAN - BROOKFIELD SHEA OT A Y PROJECT L.P.
WHEREAS, Exhibit "A" attached here to is commonly known as the Sectional Planning
Area (SPA) Plan Site Utilization Plan Map exhibit; and
WHEREAS, an application (PCM-07-05) to amend the Otay Ranch Village Eleven
Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning and
Building Department on October 2,2006, by Brookfield Shea Otay Project L.P. (Applicant); and
WHEREAS, the application requests an amendment to the Otay Ranch Village Eleven
Sectional Planning Area (SPA) Plan including the Village Core Master Precise Plan (MPP),
modifying the text and exhibits as necessary in order to allow for the relocation and
reconfiguration of the Town Square Park (P-4) and the Pedestrian Easement across the 5.5 acre
Community Purpose Facility (CPF-I) site (Project); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the project was covered in previously adopted Final Second Tier Environmental Impact Report
(FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area Plan Project. The
Environmental Review Coordinator has determined that only minor technical changes or
additions to this document are necessary and that none of the conditions described in Section
15162 of the State CEQA Guidelines calling for the preparation of a subsequent document have
occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this
document; and
WHEREAS, the City Council of the City of Chula Vista has considered the Addendum
and FEIR 01-02 before making a decision on this project; 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 all residents and property owners
within the boundaries of Otay Ranch Village Eleven 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.,
November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, the Planning Commission recommended denial by a vote of 6-1-0-0 of the
Project and said hearing was thereafter closed; and
Resolution No. 2008-045
Page 2
WHEREAS, a duly noticed public hearing was scheduled before the City Council of the
City ofChula 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 November 14, 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 ofthe proceedings for any California Environmental Quality Act (CEQA) claims.
II. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined
that the project was covered in previously adopted Final Second Tier Environmental
Impact Report (FEIR) 01-02 for the Otay Ranch Village Eleven Sectional Planning Area
Plan Project. The Environmental Review Coordinator has determined that only minor
technical changes or additions to this document are necessary and that none of the
conditions described in Section 15162 of the State CEQA Guidelines calling for the
preparation of a subsequent document have occurred; therefore, the Environmental
Review Coordinator has prepared an addendum to this document.
III. ACTION
Based on the evidence and record presented, including the Addendum and FEIR, the City
Council concurs with the opinion of the Environmental Review Coordinator, and finds
that there is substantial evidence justifYing the decision not to prepare a subsequent
Negative Declaration or EIR. The City Council hereby approves the amendment to the
Otay Ranch Village Eleven SPA Plan, including the Village Core Master Precise Plan, to
allow for the relocation and reconfiguration of the Town Square Park (P-2) and the
relocation of the recorded Pedestrian Easement from the center of the 5.5 acre
Community Purpose Facility (CPF-I) site to the northern boundary of the 5.5 acre
Community Purpose Facility (CPF-I) site. The amendment shall incorporate all of the
changes in text and exhibits identified on Exhibit "A." 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.
The public necessity, convenience, general welfare and good planning and zoning
practice support their approval and implementation.
Resolution No. 2008-045
Page 3
IV. SPA PLAN FINDINGS
A. THE OTAY RANCH VILLAGE ELEVEN SPA PLAN AMENDMENT IS IN
CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT
PLAN AND CITY OF CHULA VISTA GENERAL PLAN.
The SPA amendment is consistent with the Otay Ranch General Development
Plan (GDP) and the City of Chula Vista General Plan. In addition, this SPA
amendment and the accompanying revised Tentative Map include conditions to
ensure conformity with the Otay Ranch GDP and the General Plan.
The amendment requires revisions throughout the Otay Ranch Village II SPA
Plan and Village Core Master Precise Plan text and exhibits to accommodate the
reconfiguration of the Community Purpose Facility (CPF-l), which proposes the
relocation of the Town Square Park (P-4) from the center of the CPF-l site at the
terminus of Birch Road to the northwest corner of Discovery Falls Drive and
Windingwalk Street, and the relocation of the recorded public easement from the
center of the 5.5 acre CPF-l site to the northern boundary of the CPF site.
With regard to the relocation of the Town Square Park (P-4), a focal point open
space accessible to the public shall be provided in the form of a central plaza or
square on the CPF -1 site at that same focal point location that the Town Square
was originally located as a condition of approval on any site plan submitted for a
Conditional Use Permit for the CPF-l site.
With regard to the relocation of the recorded public easement through the center
of the site from the village pathway on Discovery Falls Drive to the west to the
Village Paseo to the east, the recorded public easement will be relocated to the
northern boundary of the CPF-l site, and a pedestrian connection accessible to the
public shall be provided through the approximate center of the CPF-l site at the
same location that the recorded public easement was previously located, or from
the village pathway on Discovery Falls Drive to the west to the Village Paseo to
the east as a condition of approval for a Conditional Use Permit for the CPF-l
site.
These requirements are necessary in order to make the findings that the proposed
revisions still provide and maintain (1) an open space accessible to the public at
and focal point center of the CPF-l site, and (2) a pedestrian connection
accessible to the public at the approximate center of the CPF-l site, in fulfillment
of the Village Eleven SPA Design Plan, Village Core Master Precise Plan, and
Otay Ranch General Development Plan policies which call for provision of open
space or community gathering places along with pedestrian connections and
pedestrian orientation in the village cores of every residential village of Otay
Ranch.
Resolution No. 2008-045
Page 4
In addition, the relocated Town Square Park (P-4) will contain similar landscape
elements that were envisioned in the previously approved plans for the Town
Square Park (P-4), and will incorporate additional amenities to provide additional
programmable uses with the Town Square Park (P-4).
B. THE PROPOSED AMENDMENTS TO THE OTAY RANCH VILLAGE
ELEVEN SPA PLAN WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The Otay Ranch Village I I SPA Plan amendment involves the reconfiguration of
the Community Purpose Facility (CPF-I) site through the relocation of the Town
Square Park (P-4) and the recorded public easement around a more consolidated
5.5-Acre Community Purpose Facility (CPF-I) site.
However, in order to maintain the orderly sequentialized development of the SPA,
the CPF- I site will be required to maintain an open space accessible to the public
as well as pedestrian connection at the approximate center of the CPF -I site in
order to maintain the open space and pedestrian orientation requirements within
the village core.
C. THE PROPOSED OTAY RANCH VILLAGE ELEVEN SPA PLAN
AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE,
RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The proposed amendment will not adversely affect adjacent land uses, residential
enjoyment, circulation or environmental quality. Residential enjoyment of the
CPF - I site will be maintained as long as the CPF - I site provides an open space
accessible to the public at the same focal point as where the Town Square was
originally located at the terminus of Birch Road and provides a pedestrian
connection across the approximate center of the CPF - I site, from the Village
Pathway on Discovery Falls Drive to the west to the Village I I Pedestrian Paseo
to the east.
Maintaining the open space accessible to the public and pedestrian connection at
the focal point terminus of Birch Road at the approximate center of the CPF-I site
will provide the required open space and pedestrian orientation amenities
established in the policies of the Village Eleven SPA Design Plan, Village Core
Master Precise Plan, and Otay Ranch General Development Plan.
Through the design review process, the owner and/or operator of the CPF-I site
will work on providing visual and aesthetic treatment to the pedestrian connection
from the Village Pathway on Discovery Falls Drive to the west to the Village I I
Pedestrian Paseo to the east.
Resolution No. 2008-045
Page 5
In addition, it is expected that the owner and/or operator of the CPF-I site will
work with surrounding homeowners and the Windingwalk Homeowner
Association to ensure that their expectations for the open space accessible to the
public and pedestrian connection at the focal point terminus of Birch Road at the
approximate center of the CPF-l site will be maintained for the residential
enjoyment, circulation or environmental quality of the surrounding community.
For example, the owner and/or operator of the CPF-I site will coordinate with the
Windingwalk Homeowner Association as to when and how the community will
be notified in advance of any temporary closure of the open space accessible to
the public and pedestrian connection at the focal point terminus of Birch Road at
the center of the CPF-l site.
The proposed Village Eleven SPA Plan amendment follows all eXlstmg
environmental protection guidelines through the provision of mitigation measures
specified in the Otay Ranch Village Eleven Final Second Tier EIR (EIR-OI-02)
and the addendum that has been prepared for this amendment.
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 Village Eleven 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. 2008-045
Page 6
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 project does not propose commercial development.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The area surrounding the proposed amendment areas on the Village Eleven SPA
Plan was already planned and is being developed consistent with the approved
plans and regulations applicable to surrounding areas and therefore, said
development can be planned and is zoned in coordination and substantial
compatibility with said development. The proposed amendment to the Village
Eleven SPA Plan with conditions is consistent with the Otay Ranch General
Development Plan and Chula Vista General Plan.
V. CONDITIONS OF APPROVAL
The City Council hereby grants the Village Eleven SPA Plan Amendment PCM-07-05
subject to the following conditions whereby the Applicant and all subsequent
beneficiaries shall:
A. The applicant for the Conditional Use Permit for the CPF-I site shall provide an
open space accessible to the public in the form of a plaza or square at the same
original focal point location of the Town Square Park (P-4) at the terminus of
Birch Road, to the satisfaction of the Director of General Services, Engineering
and Planning and Building.
B. The applicant for the Conditional Use Permit for the CPF-I site shall provide a
pedestrian connection across the approximate center of the CPF-I site from the
Village Pathway on Discovery Falls Drive to the west to the Village II Pedestrian
Paseo to the east, to the satisfaction of the Director of General Services,
Engineering and Planning and Building.
Resolution No. 2008-045
Page 7
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. CONDITIONED ON SUBSEQUENT ACTION
It is the intention of the City Council that these SPA and Master Precise Plan
Amendments are approved subject to and conditioned upon the approval of the Revised
Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area,
Otay Project L.P., Chula Vista Tract 07-02, and the reversal of the Planning
Commission's denial of the Conditional Use Permit (PCC-07-064), both actions to occur
on February 5, 2008; otherwise, this action should be automatically revoked and be of no
force and effect ab initio.
VIII. 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
~~\I\(M\
,
Ann Moore
City Attorney
Resolution No. 2008-045
Page 8
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 5th day of February 2008 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
Ql u,t1
Cheryl cox{}1at
ATTEST:
d 17M<-~ ~ "v,M..A .
Donna R. Norris, C C, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2008-045 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 5th day of February 2008.
Executed this 5th day of February 2008.
,f )/;~
, -
Donna R. Norris, CMC, Interim City Clerk
d~
VILLAGE ELEVEN SPA PLAN
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OTAYRANCH VILLAGE 11
LIST OF TEXT REVISIONS
PLAN PAGE No.
SPA PLAN 5-2
DESIGN PLAN 2-49
3.12
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PARKS, REC, OPEN SPACE &
TRAI19PLAN
CORE MASTER PRECISE PLAN
Note: Proposed Amendment - The depiction of the Town Square (P-4)
and the CPF Site shown on this graphic superceeds all prior versions in
all SPA sections. See the list of Figures and/or Exhibits that have been
revised.
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OTAYRANCH VILLAGE 11
LIST OF REVISED FIGURES AND/OR EXHIBIT
PLAN & EXHIBIT No. PAGE No.
SPA PLAN SPA PLAN
EXhibilll,2.2,.1 ,.
bhlbill'-2,2,-3 H
ExhibiIK.2.2,-4 ,..
ExhibiIR2.J,.1 3~
Exhibilll.2,3.-18 3.26
Exhibilll,2,3.-19 3-29
EXhibiI1l.2.4.2 <.,
ExhlbllK.2,4,-'! <.9
Exhlbilll,24..5 4-10
Exhiblt II 2,5,.1 5.
Exhibllll.2,S,.J 5.'
Exhibilll.28.1 ,.,
EXhibllll,27,-1 7-14
EXhibiIU,2,7..2 7.1S
Exhibilll,27-3 7-16
Exhibilll,2.7.-4 7-17
DESIGN PLAN DESIGN PLAN
11.4,1,2.2 ,.
114.2,1-2 2.5
11,4.2.1--5 2-12
11,4.2,3-1 2.35
11,4.2,4-1 2-51
11,4.2,4-2 2-53
114.2.6-1 2.71
11.4.3.2-1 3_13
11.4.3.2-3 3-16
PFFP PFFP
Exhibil3 15
ExhibH4 H
Exhibil6 "
Exhibit 6 23
Exhibl110 85
Exhjbill1 86
Exhibit 12 "
Exhibll14 '00
Exhfbit15 10'
CORE MASTER PRECISE PLAN CORE MASTER PRECISE PLAN
Exhibil1 <
Exhibil2 9
Exhibil3 12
Exhibll4 15
ExhibilS 18
Exhibil6 18
Exhibit:'>l "
Exhlbll26 "
PC D1STlRCT REGULATIONS PC DISTRICT REGULATIONS
1tJ.2-1 '.2
PARKS, REC, OPEN SPACE & PARKS, REC. OPEN SPACE &
TRAILS PLAN TRAILS PLAN
Extlibil2-1 '.5
E~hibiI2-3 '.9
,.'
DeveJopnlellt Com:ept
NEIGHBORHOOD LANO USE APPRO)!,. TARGET DWELLING
""^ GROSS OU'SIAG UNITS
ACREAGE
R.' SF 262 0.' "3
R.' SF 14.2 " "
R.3 SF 15,3 30 "
R.' SF 12.4 .. 55
R.5 SF '.5 '.0 '"
R~ SF '.5 9' 38
R.' SF 11.4 99 62
R' SF 11.2 9.' 58
R.' SF 11.6 9' 60
R-l0 SF 16,0 <.9 89
R-ll SF n .. '"
R-12 SF 11.1 9' 92
R.13 SF 11,4 " "
R-14 SF 11.0 " "
R.1S SF 10,3 '.9 62
R-16 SF '.5 "' ;g
SUBTOTAL SF 195.8 9.' '"
R.n WF 16,S 80 180
R.18 WF 12,S 12,5 112
R.19 WF 11,6 18.0 '"
R-20 WF 10.6 80 2B
R.21 WF 10,S 12.5 102
R.22 WF ,.. lS.0 90
R.23 WF 16.8 80 119
R-24 WF 10,2 150 '"
R.25 WF 10,0 2S.0 '90
SUBTOTAL MF 109.1 11.1 1207
"" "" 10.0 11,5 115
SUBTOTAL RES. 314.9 2,304
....,., CO"" 100
SUBTDT AL COMM. 10.0
CPC C'F 59
SUBTOTAl.. CPF 9.5
p., '"'' "
p., 'ARK "
p., 'ARK 30
p.< 'ARK 1.0
SUBTOTAL 'AR" 16.7
5-1/ K--6 SCHOOL 110
S.2/ .)f,HS SCHOOL 25.6
SUBlOT AL SCHOOL 36.6
HunltlParkway ROAD 24,2
Om Pal1\w.. ROAD 9.3
EullaktlParkwa ROAD 22
W"CirculalionSls ROAD 17.4
EnCirc~al S" RO,", "
SUBTOTAL. RO,", 66.2
Green Buffer OS 27.6
EasemllhruProperly OS 16.8
PaseoAtaaflWesl OS. 1.5
PueoAtaalnEBsl OS 13
SUBTOTAL O.S. .9.2
TOTAL 489 2,304
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. PROPOSEO OENSITY TRANSFER
Exhibit 11.2.2-3
Village Eleven SPA Site Utilizafion Pllln
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