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HomeMy WebLinkAboutReso 2008-046 RESOLUTION NO. 2008-046 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTA Y RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA (SPA) PLAN - BROOKFIELD SHEA OTAY PROJECT L.P., CHULA VISTA TRACT 07-02 WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. 2008-045, and described on Chula Vista Tract 07-02, 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 07-02" (Project), was filed with the City ofChula Vista Planning and Building Department on October 2, 2006, by Brookfield Shea Otay Project L.P. (Applicant); and WHEREAS, the application requests the approval of revisions to the location and configuration of the Town Square (P-4) and pedestrian easement through the center of the Community Purpose Facility (CPF-I) located at the center of the approximately 489 acre Village Eleven located east of Eastlake Parkway and south of Olympic Parkway; and WHEREAS, there is an existing blanket pedestrian access easement (Doc. No. 2005- 1108997) in the area that was formerly the Town Square Park (P-4). This easement is proposed to be abandoned so that the CPF site is unencumbered; 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 of the City of Chula Vista in October 1993, and as amended in November 1998 and December 2005 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 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 Resolution No. 2008-046 Page 2 WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS-07-02) 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. on November 14, 2007, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended denial by a vote of 6-1-0-0 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 07-02 (PCS-07-02). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. 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 of the 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 record and evidence 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 resolution approving the Otay Ranch Village Eleven Revised Tentative Map, Chula Vista Tract 07-02 (PCS- 07-02) involving 489 acres of land known as the Otay Ranch Village Eleven Tentative --. ,.--~..- Resolution No. 2008-046 Page 3 Map in this resolution, finding it is consistent with the City of Chula 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 07-02 (PCS-07-02) 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: I. Land Use The Project is in a planned area that provides urban village uses authorized by the Village Eleven Sectional Planning Area (SPA) Plan. The Revised Tentative Map reconfigures the Community Purpose Facility (CPF-I) site and relocates the Town Square Park (P-4) to the northeast corner of Discovery Falls Drive and Windingwalk Street. However, the reconfigured Community Purpose Facility (CPF-I) site will provide a focal point open space accessible to the public in the form of a central plaza or square on the CPF - I site at that same focal point location that the Town Square was originally located as a conditions of approval on any site plan submitted for a Conditional Use Permit for the CPF-I site. 2. Circulation The Revised Tentative Map relocates the recorded public easement through the center of the CPF-I site, which originally led pedestrians from the village pathway on Discovery Falls Drive to the west across the center of the CPF-I site and to the Village Paseo to the east, to the northern boundary of the CPF - I site. However, in order to maintain the pedestrian orientation of the village core, a condition of Revised Tentative Map requires that a pedestrian connection accessible to the public shall be provided through the approximate center of the CPF-I site at the same location that the recorded public easement was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east. In addition, this requirement to provide a pedestrian connection accessible to the public through the approximate center of the CPF-I site, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the east, shall also apply to the conditions of approval for the Conditional Use Permit for the CPF - I site. Resolution No. 2008-046 Page 4 3. Housing The Developer has already entered 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 Open Space The developer shall provide the I-acre Town Square Park (P-4) site to the satisfaction of the Directors of General Services, Engineering, Planning and Building. The developer will construct the Town Square Park (P-4) site at their own cost, and the developer shall be responsible for delivering the Town Square Park (P-4) site to the Windingwalk Homeowner Association once revised plans are approved by the City ofChula Vista. The Revised Tentative Map relocates the Town Square Park (P-4) site to the northeast comer of Discovery Falls Drive and Windingwalk Street, in lieu of the previous focal point location of the Town Square (P-4) park in the center of Village Eleven, at the terminus of Birch Road. Developer shall substantially complete the construction of the Town Square Park (P-4) within 9 months from the approval date of this Revised Tentative Map in accordance with plans approved by the Director of Engineering and General Services. In the event that the Revised Tentative Map is not approved, the Developer shall immediately commence construction of and diligently pursue to completion the Town Square Park (P-4) at the site identified in the original tentative map in conformance with conditions of approval for the original tentative map. The developer has or will also continue to provide development Park Acquisition and Development (PAD) fees in accordance with CVMC 17.10 as part of their continued residential development. 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. The Otay Ranch Resource Management Plan requires conveyance of land to the Otay Ranch Preserve for everyone-acre of developed land prior to approval of any Final Map. Resolution No. 2008-046 Page 5 6. Seismic Safetv 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. 7. Public Safety 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 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 City Council hereby grants the Revised Village Eleven Tentative Map PCS-07-02 subject to the following conditions whereby the Applicant and all subsequent beneficiaries shall: Resolution No. 2008-046 Page 6 1. The conditions imposed on the grant of Tentative Map approved October 23, 2001, Revised Tentative Map May 27, 2003 and Revised Tentative Map April 4, 2006 remain and are approximately proportional both in nature and extent to the impact created by the proposed development. The applicant shall continue towards the completion of the development of Otay Ranch Village Eleven in compliance with all of the conditions of Tentative Map approved in association with the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan on May 23, 2001, to the satisfaction of Directors of General Services, Engineering, Planning and Building. 2. The applicant shall submit revised master sewer study with all proposed changes included by June 2008. Show proposed sewer connections in both Discovery Falls Drive and Windingwalk Street to the satisfaction of the City Engineer. 3. The applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements. Further, the applicant shall file a Notice of Intent (N0l) with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post-construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post-construction control measures to the satisfaction of the City Engineer. 4. The applicant shall comply with the requirements of Section F.l.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shall comply with those requirements in accordance with the Model Standard Urban Storm Water Mitigation Plan for San Diego County, Port of San Diego, and Cities in San Diego County to the satisfaction of the City Engineer. 5. The applicant shall provide a water quality study is required to identify potential storm water pollutants generated at the project site during and after construction, and propose Best Management Practices (BMPs) to reduce those pollutants to the maximum extent practicable. In addition to general permanent structural and non- structural Best Management Practices, Low Impact Development (LID) principles must be incorporated into the project to the satisfaction of the City Engineer. 6. The Developer shall design, engineer, construct, at its own expense, the I acre park site (P-4) (Town Square Park), to be located at the corner Discovery Falls Drive and Winding Walk Street according to approved plans, drawings and specifications. The Developer shall have substantially completed the construction Resolution No. 2008-046 Page 7 ofthe Town Square Park to the satisfaction and subject to the approval ofthe City Engineer, within nine (9) months from the approval of this Revised Tentative Map. Substantial completion shall not include the maintenance and establishment period for plants, trees, and vegetation (Maintenance and Establishment Period), with such Maintenance and Establishment Period to commence immediately following successful completion of all work and/or correction of any unfinished work, such as punch-list items, to the satisfaction and subject to the approval of the Director of Engineering & General Services. Prior to the end of the Maintenance and Establishment Period, the Developer shall enter into an agreement, which is satisfactory to the City Attorney's Office, with the Windingwalk Homeowner's association for the long-term maintenance of the Town Square Park (Long-Term Maintenance Agreement). Following the inspection and approval of the Town Square Park by the Director of Engineering & General Services at the end of the maintenance/establishment period and the recording of the executed Long-Term Maintenance Agreement, the Director of Engineering & General Services shall release the previously placed Park Bond number 2176553. 7. Prior or during the Town Square Park (P-4) construction, the applicant shall install additional concrete along the relocated Village Pathway to create a minimum 8-ft. wide sidewalk to the satisfaction of the City Engineer and the Director of Planning and Building. If necessary, in the opinion of the City, the applicant shall relocate all transformers and other utility facilities outside and away from the minimum 8-ft. wide sidewalk. 8. The applicant for the development of the CPF-I site shall be required to provide, to the satisfaction of the Directors of General Services, Engineering, Planning and Building, a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site at the same location that the recorded public easement (Document No. 2005-1108997) was previously located, from the village pathway on Discovery Falls Drive to the west to the Village Paseo to the satisfaction of the Planning and Building Director. 9. The applicant for the development of the CPF-I site shall be subject to a Conditional Use Permit that includes conditions pertaining to a focal point open space accessible to the public in the form of a central plaza or square and a pedestrian connection accessible to the public through the approximate center of the CPF-I site addressing any exceptions or limitation to public access to the satisfaction of the Planning and Building Director. 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. 2008-046 Page 8 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 this Revised Tentative Subdivision Map for the Otay Ranch Village Eleven Section Planning Area, Otay Project L.P., Chula Vista Tract 07-02 is approved subject to and conditioned upon the approval of the SPA and Master Precise Plan Amendments 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. !NV ALIDITY; 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 Sandoval ing and Building Director ~<:\'(~~\\ Ann Moore City Attorney Resolution No. 2008-046 Page 9 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 ATTEST: (fl~ (Ji Cheryl co~ Malt /(lffAM a R ( ~Ju ~ Donna R. Norris, CMC, 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. 2008-046 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. A iAU"( If? JV:;h~. ,,- Donna R. Norris, CMC, Interim City Clerk Resolutnon No. 2008-046 Page 10 , tJ'I~"'i _d<' <>-'- \t Village Eleven Exhibit: A