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HomeMy WebLinkAboutReso 2011-002RESOLUTION N0.2011-002 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDERING THE ADDENDUM TO FEIR- OS-02; APPROVING AMENDMENTS TO THE EASTLAKE III SECTIONAL PLANNING AREA PLAN, PUBLIC FACILITIES FINANCE PLAN AND ASSOCIATED REGULATORY DOCUMENTS FOR 18.4 ACRES AT THE SOUTHWEST CORNER OF OLYMPIC PARKWAY AND WUESTE ROAD I. RECITALS A. Project Site WHEREAS, the azea 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 Olympic Pointe, 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 Development Services Department on April 12, 2010, by Integral Partners XXIV, LLC for Eastlake Project Owner, LLC ("Applicant"), requesting amendments to the Eastlake III Sectional Planning Area (SPA) Plan, the Planned Community District Regulations and associated regulatory documents, including Design Guidelines, PFFP, Air Quality Improvement Plan (AQIP) and Water Conservation Plan (WCP) for the Project Site ("Project"); and C. Prior Discretionary Approvals WHEREAS, development of the Project Site has been the subject matter of vazious entitlements and agreements, including: 1) a General Plan Amendment, General Development Plan and SPA Plan and associated Design Guidelines, PFFP, WCP and AQIP 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; further amended on June 20, 2006, for the Eastlake III Seniors Project; and further amended in April, 2008 for the Windstaz Point Resor[ project; and 3) Tentative Subdivision Map approved by City Council Resolution 2006-191 on June 20, 2006; and D. Environmental Determination Resolution No. 2011-002 Page 2 WHEREAS, the Development Services Director 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 OS-02. The Development Services Director 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 Development Services Director has prepazed an addendum to this document, Final Subsequent Environmental Impact Report, Eastlake III Senior Housing Project, FEIR OS-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 November 10, 2010, and voted 5-1-0-1 to forwazd 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 November 1Q 2010, and the minutes and resolution resulting therefrom, aze incorporated into the record of this 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 December 14, 2010, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Planning Commission, and to hear public testimony with regazd to the same; and WHEREAS, the City Council heazd public testimony, closed the hearing and continued the item to the City Council meeting of January 11, 2011, to allow the applicant to work with staff to discuss any design concerns and at the discretion of the applicant to take the Project to the Design Review Boazd for review; and Resolution No. 2011-002 Page 3 WHEREAS, at the request of the applicant, the Design Review Boazd reviewed the project on December 20, 2010, and held a public hearing on the Project on January 10, 2011; 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 January 11, 2011, in the Council Chambers in the City Hall, Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive the recommendations of the Design Review Board, and to heaz 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: II. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council finds that, in the exercise of their independent review and judgment, the addendum to FEIR-OS-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 of Chula Vista and adopts Addendum to FEIR-OS-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 SPA Plan reflect land uses that aze 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 azea. 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 SPA Plan includes a PFFP 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 SPA PLAN, AS AMENDED, WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. Resolution No. 2011-002 Page 4 The proposed land use text and statistical amendments to the SPA Plan, 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-OS-02 has been prepazed and any impacts associated with the proposed amendments have been previously addressed by FEIR-OS-02. Thus, the requested amendments to the SPA Plan will not adversely affect the adjacent land uses, residential enjoyment, circulation or environmental quality of the surrounding uses. 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 proposed project is not industrial or reseazch 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 thoroughly analyzed based upon the proposed project resulting in specific requirements that must be complied with at the time of development within the project azea. This includes payment of any required in-lieu fees to pay fair shaze of cumulative impacts and the construction of a traffic signal at the project entrance and Olympic Pazkway. 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. Resolution No. 2011-002 Page 5 IV. APPROVAL OF SPA AMENDMENTS Based on the findings above, the City Council approves the Eastlake III SPA Plan as amended in the document entitled Eastlake III SPA Plan", dated October 22, 2010, which document accompanies the staff report as Attachment 5 ("Attachment 5") subject to the conditions set forth below: 1. The Project shall comply with all mitigation measures specified in FEIR-OS-02, to the satisfaction of the Development Services Director. 2. The Applicant shall install all public facilities in accordance with the Eastlake III SPA Plan Public Facilities Financing Plan Amendment or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. 3. The Applicant shall implement the Federal and State mandated conservation measures outlined in the Addendum to the WCP for Eastlake III SPA 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 SPA Plan Addendum to the AQIP pertaining to the design, construction and operational phases of the project have been incorporated in the project design. 5. Prior to the 30`h day after the Ordinance becomes effective, the Applicant shall prepare a clean copy of the SPA Plan document by deleting all strike out/ underlines and shading. Where the document contains both an existing and proposed exhibit, the previous existing exhibit shall be removed and substituted. In addition, the strike-out underlined text, document format, maps and statistical changes within the Eastlake III SPA, PC District Regulations, Design Guidelines, WCP Addendum and AQIP Addendum for the Olympic Pointe project shall be incorporated into the final document and approved by the Director of Development Services for printing. 6. Prior to the 30`h day after the Ordinance becomes effective, the Applicant shall submit to the Development Services Department 10 copies and a CD of the approved amendment to the Eastlake III SPA Plan, Eastlake III Planned Community (PC District Regulations), Design Guidelines, Addendum to the AQIP, Addendum to the WCP and Eastlake III SPA PFFP. V. PFFP FINDINGS/APPROVAL A. THE PUBLIC FACILITIES FINANCE PLAN AMENDMENT COMPLIES WITH SECTIONS 19.09.050 THROUGH 19.09.100, REQUIREMENTS FOR PUBLIC FACILITIES FINANCE PLAN. The amendment to the Eastlake III SPA Plan PFFP has been prepared according to Resolution No. 2011-002 Page 6 the contents and details outlined in the Municipal Code. It has been submitted to and reviewed by the Director of Development Services. Public facilities needed to serve the project were identified and will be guazanteed by conditions of approval, payment of DIF fees 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-OS-02. s. THE PROPOSED AMENDMENT TO THE PUBLIC FACILITIES FINANCE 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 SPA 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 which must be paid to help defray costs of facilities which will benefit the project. The estimated facilities fees required by this project aze $7,334,906.20. PAD fees aze approximately $4,033,984.00. The fiscal revenues to the City associated with the Olympic Pointe project, range from $54,800 annually and rise to $309,000 at build-out. Fiscal expenditures would be initially $49,500 and rise to $279,000 at build-out. The net fiscal impact to the City from developing the Olympic Pointe project is positive throughout the development and results in annual net surplus of $29,700 at build-out. 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 aze 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 aze 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 Standazds. Resolution No. 2011-002 Page 7 Based on the findings above, the City Council approves the document entitled "Eastlake III SPA Plan Public Facilities Finance Plan" dated October 28, 2010, which document accompanies the staff report as Attachment 6. VI. APROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATED REGULATORY DOCUMENTS The City Council approves the amendments to the associated regulatory documents including: the Design Guidelines and the Addendums to the AQIP and WCP for Eastlake III SPA Plan as shown in Attachment 5. VIIL 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 Applicant or successor in interest by the City approval of this Resolution. IX. 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 any one 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 ~ L~ ary lbert, ., AICP Glen R. G ogins Assistant Cit Manager/Director of orney Development Services Resolution No. 2011-002 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 11th day of January 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M yor ATTEST: /l~f,~l(/A/.i IC ~i~,.tiJ Donna R. Norris, CM ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2011-002 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 11th day of January 2011. Executed this 11th day of January 2011. ~~~~ Donna R. Norris, CMC, City Clerk EXHIBIT A Resolution No. 2011-002 Page 9 LOCATOR MAP