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HomeMy WebLinkAboutReso 2000-190 RESOLUTION NO. 2000-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM ISSUED FOR THIS PROJECT, AND APPROV1NG AMENDMENT TO CONDITIONS No 1 AND 3 OF THE SALT CREEK RANCH TENTATIVE SUBDIVISION MAP, CHULA VISTA TRACT 92- 02, AND SECTION 3.2 OF THE SALT CREEK RANCH PUBLIC FACILITIES FINANCING PLAN TO ALLOW AN INCREASE IN THE NUMBER OF DWELLING UNITS THAT MAY BE BUILT PRIOR TO STATE ROUTE -125 FROM OLYMPIC PARKWAY TO STATE ROUTE -54 OPENING FOR PUBLIC ACCESS I. RECITALS A. PROJECT SITE WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A," attached hereto and incorporated herein by this reference, and commonly known as, Rolling Hills Ranch, and for the purpose of general description herein consists of approximately 1,200 acres located east of the future State Route-125, and north of the existing EastLake Business Center ("Project Site'); and B. PROJECT; APPLICATION FOR DISCRETIONARY APPROVAL WHEREAS, a duly verified application was filed with the City of Chula Vista Planning and Building Department on December 18, 1998, by Pacific Bay Homes ("Developer") requesting approval of amendments to conditions 1 and 3 of the Salt Creek Ranch Tentative Subdivision Map, Chula Vista Tract 92-02 and Section 3.2 of the Salt Creek Ranch Public Facilities Financing Plan to allow an increase in the number of dwelling units that may be built prior to State Route-125 opening for public access ("Amendment"); and C. PRIOR DISCRETIONARY APPROVALS WHEREAS, the development of the Project Site has been the subject matter of various entitlements and agreements, including: 1 ) a General Development Plan, Salt Creek Ranch General Development Plan ("GDP"), previously approved by City Council Resolution No. 15875; 2) a Sectional Planning Area ("SPA") plan, Salt Creek Ranch Sectional Planning Area (SPA) plan; 3) Air Quality Improvement Plan (AQIP), Salt Creek Ranch Air Quality Improvement Plan; 4) Water Conservation Plan (WCP), Salt Creek Water Conservation Plan; 5) Design Guidelines, Salt Creek Ranch Design Guidelines; 6) Public Facilities Financing Plan (PFFP), Salt Creek Ranch Public Facilities Financing Plan; and 7) Planned Communities District Regulations, Salt Creek Ranch Planned Community District Regulations all previously approved by City Council Resolution No. 19275, and Ordinance 2765 on March 24, 1992, (referred to collectively herein as "Project"); and Resolution 2000-190 --~. Page 2 D. PLANNING COMMISSION RECORD ON APPLICATION WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 12, 2000, and after hearing staff presentation and public testimony, voted 4-2-1 (Commissioners Hall and Castaneda opposed, Commissioner Ray excused) to recommend that the City Council approve the Amendment in accordance with the findings and subject to the conditions listed below. E. CITY COUNCIL RECORD OF APPLICATIONS WHEREAS, a duly called and noticed public hearing on the Amendment was held before the City Council of the City of Chula Vista on May 2, 2000, on the Amendment and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the city clerk set the time and place for a hearing on said Amendment application, 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 ft. of the exterior boundary of the project at least 10 days prior to the heating; and WHEREAS, the heating was held at the time and place as advertised, namely 4:00 p.m. May 2, 2000, in the Council Chambers, 276 Fourth Avenue, before the City Council and said heating was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Amendment application held on April 12, 2000, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II1. PREVIOUS FEIR-89-03 AND FSEIR-91-3 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS The City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified FEIR 89-03 and FSEIR-91-03 for the Project. IV. COMPLIANCE WITH CEQA WHEREAS the Environmental Review Coordinator prepared an Initial Study and determined "/ that, although the proposed Amendment could have a significant effect on the environment, there Resolution 2000-190 Page 3 will not be a significant effect in this case because mitigation measures have been incorporated and agreed to by the project proponent. A Mitigated Negative Declaration and Mitigation Monitoring Program were prepared; and V. INDEPENDENT JUDGMENT OF CITY COUNCIL WHEREAS the City Council finds that the Mitigated Negative Declaration, IS-00-05 has been prepared in accordance with the requirements of the Califomia Environmental Quality Act, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS The City Council finds that the Mitigated Negative Declaration reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Mitigated Negative Declaration. VI. ADOPTION OF SPA In light of the findings described herein, the amendment to the Salt Creek Ranch Public Facilities Finance Plan, in the form attached hereto and incorporated h~rein as Exhibit "B," is hereby --. approved. VII. SPA FINDINGS/APPROVAL A. THE SECTIONAL PLANNING AREA PLAN FOR SALT CREEK RANCH (AS AMENDED) IS IN CONFORMITY WITH THE SALT CREEK RANCH GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended Salt Creek Ranch Public Facilities Finance, which is a component of the Salt Creek Ranch Sectional Planning Area (SPA) plan, is consistent with the adopted Salt Creek Ranch General Development Plan (GDP) and the Chula Vista General Plan. B. THE SALT CREEK RANCH SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE iNVOLVED SECTIONAL PLANNING AREAS. The Salt Creek Ranch Public Facilities Finance Plan, as amended is consistent with the Air Quality Improvement Plans, and Water Conservation Plans and will, therefore, promote the orderly sequentialized development of the involved Sectional Planning Area (SPA) Plan areas. C. THE SALT CREEK RANCH SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. · 1 Resolution 2000-190 ~ Page 4 The land uses are not proposed to be changed within the Salt Creek Ranch Sectional Planning Area (SPA) plan and therefore will not adversely affect adjacent land use, residential enjoyment, cimulation, or environmental quality. D. 1N THE CASE OF PROPOSED RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER-ALL DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve modifications to the adopted land use plan and therefore do not affect the overall design and development standards adopted for the Rolling Hills Ranch planned community E. IN THE CASE OF RESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SLrRROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. _,, The Public Facilities Finance Plan provides mitigation measures to insure the installation of all necessary public facilities and amenities prior to or in conjunctions with development. Thus, the additional development authorized before State Route-125 is open for public access will not adversely affect the surrounding developments. F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The amendments do not involve amendments to the plam~ed circulation system depicted on the General Plan Circulation Element and therefore, the circulation system will be improved in accordance with the General Plan concurrent with the proposed development. G. ANY PROPOSED RESIDENTIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE HOUSING UNITS OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The proposed amendments to the Salt Creek Ranch Public Facilities Finance Plan do not involve new residential development. However, The adopted residential uses reflect the adopted Chula Vista General Plan and will provide needed housing to future residents in the area. · 1 Resolution 2000-190 Page 5 H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED 1N COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The proposed amendment does not involve changes in the land use plan VIII. ADOPTION OF AMENDMENTS TO TENTATIVE MAP In light of the findings described herein, the City Council does hereby approve amendments to Conditions 1 and 3 of the Salt Creek Ranch Tentative Subdivision in the form attached hereto and incorporated herein as Exhibits "C." All remaining conditions of Tentative Map No. 92-02 not modified by this Resolution shall remain in full force and effect. IX. 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 fight to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy 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. No vested fights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. 1NVALIDITY; 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 any one or more terms, provision, 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 Robert A. Leiter Io M. Kaheny L_) Planning &Building Director ey Resolution 2000-190 Page 6 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of June, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shirle~YH°~°~MaY°r'~ Susan Bigelow, City Cle~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2000-190 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of June, 2000. Executed this 13th day of June, 2000. Susan Bigelow, City Clerk Bofiing Bills Banch Boundary m : CHULA VISTA PLANNING AND BUILDING DEPARTMENT mmmmmmmmm ,CX~ATOR ~ PAGIRC BAY HObtES (~ ~ TE~AT~E MAP ~ENDMENT ~ ~ i~ E~IBIT A " NOR~ No S~~R h:~o~l~ning~uis~OO5,~r r EXHIBIT B Tnffic --~ Add the following items to Scenario I/ 1A (Phase I) of Section 3.2.9 Section 3.2.9 Adequacy .~n-lysls 7. Provided biological mitigation in I5-00-05 is complied with, the building cap shall be increased to allow building permit issuance for up to 1,467 equivalent dwelling units. 8. Building permits shall be grated beyond 1,467 EDU's to a maxLmum of 1,665 EDU's with tlqe completion of at least one of the following improvements: Complete the extension of Olympic Parkway to East Patiomar Street; or Widen East "H' Street to provide an additional westbound thru-lane at the East "H' Street/Hidden Vista Drive intersection. 9. No final Maps coDf~ining a ,Project Cumulative total of more than 1665 EDU's shall be subject to approval without SR-125 from Olympic Parkway to SR-54 being open for public access. Salt Creek Ranch 3.2-14 Public Fadlilies Finance Plan EXHIBIT B-1 Tnfric Modify Section 3.2.10 of the Salt Creek Ranch PFFP as follows: Deleted language is shown in strlkeout and added i~n_~lxage in underlined. 3.2.10 Threshold Compliance Threshold compliance will continue to be monitored through the annual intersection monitoring program and the Eastern Chnia Vista Transportation Phasing Plan updates. (1992) Based upon the traffic analysis by Linscott, Law & Greensvan (LLG) prepared for the Salt Creek project, threshold compliance is projected to be maintained with implementation of the improvements identified in the ~base condition" and aScenario 1/1A' of the Traffic Impact Smdyies datod November 18, 199 1. (1992) May 17, 1999 and March 8, 2000. {20001 The nmount of development which can be permitted prior to implcmentation of thc improvemcntc idcntified in the 'base condition~ and 'Scenario I/1A' of thc Traffic Impact Study includqq the. aApproved~ project~ as of June 30, 1990 (see Section 2.3 of thic document) and the initial 1,137 dwelling units of Salt Crack Ranch. No dcvelopment beyond thic level will bc allowed until a method of allocation ic cctabli~hed. {1992) Provided biological mitiaation in IS-00-05 is coreDlied with, the buildin~ car - shall increased to allow bu~din~ Vermit issuance for uV to 1.467 equivalent dwellin~ units. Bufldin~ permits shall be ~ranted bevond 1,467 EDU's to a maximum of 1,665 EDU's with the comvletion of at least one of the followin~ improvements: Bu~din~ vermits shall be 8ranted beyond 1,467 EDU's to a maximum of 1,665 EDU's with the completion of at least one of the foI]o~dn~ improvements: Complete the extension of Ol~qnvic Parkway to East Pajomar Street; or Widen East ~H~ Street to orsvide an additional westbound thru-lane at the East ~H' Street/Hidden Vista Drive intersection. No final Mars containin~ a Proiect cumulative total of more than 1665 EDU's shall be subiect m approval without SR-125 from Olympic Parkway to SR-54 Salt Creek Ranch 3.2-18 Public Facilities Finance Plan '. Exhibit "C" CONDITIONS OF APPROVAL 1. Add the following new conditions to Resolution No. 16834: a) Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map, Chula Vista Tract 92-02, FEIR 89-03, FSEIR 91-03 and Mitigated Negative Declaration issued for IS-00-005, except as modified by this Resolution. b) All EDU's beyond 1,137 and up to 1,665 shall only be constructed in portions of Neighborhoods 1,4a, 7a, 7b and 8 as described in MND for Is- 00-05. Any changes to the above must be approved by the Director of Planning and Building, and may require additional environmental review. (Planning) 2. Revise Condition No. 1 of the Salt' Creek Ranch Tentative Subdivision Map, Chula Vista Tract 92-02, Resolution No. 16834 with the following language (deleted tex~t is strikeout and new text is underline): -/-= Prepare amendments to the Public facilities Financing Plan (PFFP) to reflect the modifications to the sequence of development as indicated on Exhibit A (attached) and condition No. 2 heroin and which indicates a reduction in Phase 1 to 1,37 dwelling unitz by deleting lots/dwelling unitz in locationz and numbers, subject to approval by the Director of Planning and the City Engineer. For the Purpose of these conditions, Phase I 3 cited in these conditionz shall be compo~xt of those neighborhoodz or portionz cf neighborhoodz as indicated on Exkibi·. A (Planning and Engineering) a) Provided that biological mitigation is coml~lied with. the building cap shall be increased to allow building permit issuance for up to 1,467 eauivalent dwelling units. b) Building permits shall be granted beyond 1.467 EDU's to a maximum of 1.665 EDU's with the coml~letion of at least one of the following improvements: Coml~lete the extension of Olympic Parkway to East Palemar Street; or / I Widen East "H" Street to vrovide an additional westbound thru-lane at the East "H" Street/Hidden Vista Drive intersection. No final Maps containing a Project cumulative total of more than 1665 EDU's shall be subject to a~proval without SR-125 from Olympic Parkway to SR-54 being open for Dublie access. 3. Revise Condition No. 3 of the Salt Creek Ranch Tentative Subdivision Map, Chula Vista Tract 92-02, Resolution No. 16834 with the following language (deleted text is strikeout and new text is underline): The Mitigation moasur~ required before Final Map approval by Final Supplemental Environmental Impact Report for Salt C, reclc Ranch (FSEIR) 91 03 arc hereby incorporated into thi~ resolution by reference. Any Such Measures not satisfied by specific condition of this Resolution or by the project d~ign ~all be implomantod to the satisfaction of the Dirsctor of Planning. Mitigation MBa~uFCz shall be monitored via the Mitigation Monitoring Program approvod in conjunction with the FSEI. Modifications of the sequence of mitigation shall be at the di~re~on of the Dixoctor of Planning should changes in circumstances warrant such revision. (Planning) Develover shall diligently implement. or cause the implementation of all new and remaiuln~ mitigation measures herraining to the Project identified in the Final Environmental Impact Report for Salt Creek Ranch, FEIR-89- 03. FSEIR-91-03 and Mitigated Negative Declaration (MND) IS-00-05. Any such measures not satisfied by a specific condition of this Resolution or by the vroiecL desiwn shall be Iml~lememed to the satisfaction of the Director of PIannin~ and Building. Mitigation Measures shall be monitored via the Mitigation Monitoring, Prom aporoved in con/unction with the FEI~ SEIR and lvlND. Modification of the secluence of mitigation shall be at the discretion of the Director of Plannln~ and Bulldin~ should chan~es in the circumstances warrant such revision.