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HomeMy WebLinkAboutReso 2008-095 RESOLUTION NO. 2008-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO FEIR- 05-02; APPROVING AMENDMENTS TO THE EASTLAKE III SECTIONAL PLANNING AREA PLAN, PUBLIC FACILITIES FINANCING PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC P ARKW A Y AND WUESTE ROAD AND APPROVING THE AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION RELATED TO EASTLAKE III BETWEEN THE CITY, THE EASTLAKE COMPANY, LLC AND PRII WINDS TAR POINTE MASTER, LLC I. RECITALS A. Project Site WHEREAS, the area of land which is the subject of this Resolution is diagrammatically represented in Exhibit A attached to and incorporated into this Resolution, and commonly known as EastLake III, and for the purpose of general description herein consists of 18.4 acres (Project Site); and B. Project; Application for Discretionary Approvals WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on May 16, 2007, by PRII Windstar Pointe Resort Master LLC (Applicant), requesting amendments to the Eastlake III Sectional Planning Area Plan, the Planned Community District Regulations and associated regulatory documents, including Design Guidelines, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for the Project Site (Project); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of various entitlements and agreements, including: (1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan, Water Conservation Plan and Air Quality Improvement Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001, and amended on June 20, 2006, for the EastLake III Seniors Project; and, (2) Planned Community District Regulations and Land Use Districts Map approved by City Council Ordinance No. 2839 on July 24, 2001, and amended by City Council Ordinance No. 2963 on May 18, 2004, and further amended on June 20, 2006, for the EastLake III Seniors Project; and, (3) Tentative Subdivision Map approved by City Council Resolution 2006-191 on June 20, 2006; and Resolution No. 2008-095 Page 2 D. Environmental Determination WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Quality Act (CEQA) and has determined that the project was covered in previously adopted Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR-05-02. 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 subsequent documents have occurred; therefore, the Environmental Review Coordinator has prepared an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR-05-02; and E. Planning Commission Record of Application WHEREAS, the Planning Commission set the time and place for a hearing on the Project, and notice of the 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 boundary of the Project Site at least ten (10) days prior to the hearing; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on February 13,2008, and voted 6-1-0-0 to forward a recommendation to the City Council on the Project; and WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on February 13, 2008, and the minutes and resolution resulting therefrom, are incorporated into the record of these proceedings; and F. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project application and notices of said hearings, together with its purposes 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 (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 8, 2008, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it finds, determines, and resolves as follows: L-____ - -- ~- -~, Resolution No. 2008-095 Page 3 II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the addendum to FEIR-05-02 in the form presented, has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista and adopts the Addendum to FEIR-05-02. III. SPA FINDINGS/ APPROVAL A. THE SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, IS IN CONFORMITY WITH THE EASTLAKE III GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The proposed amendments to the EastLake III Sectional Planning Area Plan reflect the land uses that are consistent with the EastLake III General Development Plan and the City of Chula Vista General Plan. The residential nature of the proposed use would be consistent with the adopted high-density residential and open space land uses of the EastLake area. B. THE SPA PLAN, AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREAS. The requested amendments to the Eastlake III Sectional Planning Area Plan includes a Public Facilities Finance Plan that outlines the required infrastructure to serve the Project, the timing of installation and the financing mechanisms to promote the orderly sequentialized development of the Project. The Project is one of the last areas of EastLake III to be developed. C. THE EASTLAKE III SECTIONAL PLANNING AREA (SPA) PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The proposed land use text and statistical amendments to the SPA, and development standards will not adversely affect the circulation system and overall land use pattern as previously envisioned in the EastLake III General Development Plan. An addendum to FEIR-05-02 has been prepared and any impacts associated with the proposed amendments have been previously addressed by FEIR-05-02. Thus, the requested amendments to the SP A ",~ll not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. Resolution No. 2008-095 Page 4 D. IN THE CASE OF PROPOSED INDUSTRlAL 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 INDUSTRlAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The proposed project is not industrial or research land use. E. THE STREETS AND THOROUGHFARES ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The potential impacts to traffic and circulation have been thorougWy analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project area. This includes payment of any required in-lieu fees to pay fair share of cumulative impacts and the construction of a traffic signal at the project entrance and Olympic Parkway. F. 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 proposed project is not a commercial land use. G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendments are consistent with the previously approved plans and regulations applicable to surrounding sites and therefore the proposed amendments can be planned and zoned in coordination and substantial compatibility with said development. IV. APPROVAL OF SPA AMENDMENTS In light of the findings above, the City Council approves the EastLake III Sectional Planning Area Plan amendment on file in the Office of the City Clerk, subject to the conditions set forth below: I. The Project shall comply with all mitigation measures specified in FEIR-05-02, to the satisfaction of the Environmental Review Coordinator. Resolution No. 2008-095 Page 5 2. Install all public facilities in accordance with the Eastlake 1II Sectional Planning Area Plan Public Facilities Financing Plan Amendment or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modity the sequence of improvement construction should conditions change to warrant such a revision. 3. Implement the Federal and State mandated conservation measures outlined in the Addendum to the Water Conservation Plan for Eastlake III Sectional Planning Area Plan. 4. Prior to approval of building permits for each phase of the Project, the Applicant shall demonstrate that air quality control measures outlined in the EastLake III Sectional Planning Area Plan Addendum to the Air Quality Improvement Plan pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the thirtieth (30) day after the Ordinance becomes effective, the Applicant shall submit to the Planning and Building Department twenty (20) copies and a CD of the approved amendment to the EastLake III Sectional Planning Area Plan, EastLake III Planned Community (PC District Regulations), Design Guidelines, Addendum to the Air Quality Improvement Plan, Addendum to the Water Conservation Plan and Eastlake III Sectional Planning Area Plan Public Facilities Financing Plan. 6. Prior to the thirtieth (30) day after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA document by deleting all strike out underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit should be removed and substituted. In addition, the strikeout underlined text, document format, maps and statistical changes within the EastLake III SPA, PC District Regulations, Design Guidelines, Water Conservation Plan Addendum and Air Quality Improvement Plan Addendum for the Windstar project shall be incorporated into the final document and approved by the Director of Planning for printing. V. PFFP FINDINGS/APPROV AL A. THE PUBLIC FACILITIES FINANCING PLAN AMENDMENT COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake III Sectional Planning Area Plan PFFP has been prepared according to the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Planning and Building. The Planning Commission has reviewed the proposed amendments and recommends adoption by the City Council. Public facilities needed to serve the project were identified and will be guaranteed by conditions of approval, payment of DIF fees Resolution No. 2008-095 Page 6 at the building permit stage, and/or utilizing Community Facilities Districts to finance or maintain the public facility. Any impacts associated with the proposed amendments have been previously addressed by FEIR-05-02. B. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES FINANCING PLAN IS CONSISTENT WITH THE OVERALL GOALS AND POLICIES OF THE CITY'S GENERAL PLAN, GROWTH MANAGEMENT PROGRAM, AND AMENDED EASTLAKE III SPA PLAN. The Eastlake III Sectional Planning Area Plan PFFP outlines the necessary public facilities required to meet its land use and circulation objectives of the General Plan. The PFFP outlines detailed plans for the provision of these public facilities as they relate to the proposed Project. The PFFP identifies any required Development Impact Fees (DIF) fees that must be paid to help defray costs of facilities which will benefit the project. The estimated facilities fees required by this project are $8,867,942. PAD fees are approximately $4,225,818. The fiscal revenues to the City associated with Eastlake III, inclusive of the proposed Windstar Pointe Resort project, range from $2.6 million in the first year of development to $3 million at build-out. Fiscal expenditures by the City range from $1.9 million in year one to $2.6 million at build-out. The net fiscal impact to the City from Eastlake III is positive throughout the development and at build-out the net fiscal impact to the City from EastLake III is estimated to result in a surplus to the City of $466,300 (which takes into consideration a deficit of $133,000 for the proposed Windstar project). C. THE PFFP AMENDMENT ENSURES THAT THE DEVELOPMENT OF THE PROJECT WILL NOT ADVERSELY AFFECT THE CITY'S QUALITY OF LIFE STANDARDS. As required by the City's Growth Management Ordinance, the PFFP analyzes the impact of the project on public facilities and services and identifies the required public facilities and services needed to serve the project to maintain consistency with the City's Quality of Life Threshold Standards. The PFFP describes in detail the cost, financing mechanisms and timing for constructing public facilities required to ensure that development occurs only when the necessary public facilities exist or are provided concurrent with the demands of the new development. Certain facility improvements include requirements for the construction of a signal at the intersection of Olympic Parkway and the project entrance. Other required measures are related to fire protection, water conservation, water quality, air quality and traffic. Implementation of these measures along with payment of any required DIF fees will ensure the Project will maintain consistency with the City's Quality of Life Standards. In light of the findings above, the City Council approves the Eastlake III Public Facilities Financing Amendment on file in the Office of the City Clerk. . , Resolution No. 2008-095 Page 7 VI. APPROVAL OF AMENDMENTS TO ASSOCIATED REGULATORY DOCUMENTS The City Council approves the amendments to the associated regulatory documents including: the Design Guidelines for Eastlake III Sectional Planning Area Plan as shown in the Proposed Amendment Submittal for EastLake III - Windstar Pointe Resort on file in the Office of the City Clerk. VII. APPROVAL OF ADDENDUMS TO ASSOCIATED REGULA TORY DOCUMENTS The City Council approves the Addendums to the Air Quality Improvement Plan and Water Conservation Plan for Eastlake II Sectional Planning Area Plan as shown in the Proposed Amendment Submittal for EastLake III - Windstar Pointe Resort on file in the Office of the City Clerk. VIII. APPROVAL OF THE AGREEMENT TO POST SECURITY FOR AFFORDABLE HOUSING OBLIGATION RELATED TO EASTLAKE III BETWEEN THE CITY, THE EASTLAKE COMPANY, LLC AND PRII WINDSTAR POINTE MASTER, LLC The City Council approves the Agreement to Post Security for Affordable Housing Obligation on file in the Office of the City Clerk. The City shall make all efforts to ensure that the twenty-five low-income units required by the Affordable Housing Obligation are constructed east of I-80S. In the event The EastLake Company does not satisfY the Bond conditions within four years of the date the Bond is issued, the $3,105,500.00 shall be used for affordable housing development east ofl-805. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modifY all approvals herein granted, deny or further condition issuance of future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, instituted and prosecute litigate or compel their compliance or seek damages for their violations. No vested rights are gained by Resolution No. 2008-095 Page 8 X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon 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 the Court of competent jurisdiction to be invalid, illegal or unenforceable, if the city so determines in its sole discretion, this resolution shall be deemed to be revoked and no further in force or in effect ab initio. Presented by Approved as to form by ~1~\,\\",tk~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of April 2008 by the following vote: AYES: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: d~ ~. A{hAW 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. 2008-095 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of April 2008. Executed this 8th day of April 2008. ..--...~ Resolution No. 2008-095 Page 9 EXHIBIT A " Mauntcin Hawk Park '" c ffi ro '" 0. LOWER DrAY LAKE CPF MF PROJECT LOCATION Olvmpic Traininq Center LOCATOR