HomeMy WebLinkAboutReso 2001-118 RESOLUTION NO. 2001-118
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE
PLAN MODIFYING NEIGHBORHOOD BOUNDARIES IN
VILLAGE ONE WEST
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit "A," attached hereto and described on Chula Vista Tract 98-06A, and is commonly
known as Village One West (South) ("Property"); and
WHEREAS, an application to amend the Sectional Planning Area (SPA) One Plan
portion of Otay Ranch Village One West was filed with the City of Chula Vista Planning and
Building Department on December 6, 2000, by Otay Project, LLC, The Otay Ranch Company
("Applicant"); and
WHEREAS, the application requests to amend the Otay Ranch SPA One Plan including
the SPA One Planned Community District Regulations modifying the SPA One Zoning District
Map, SPA One Land Use Map, and Village One West Land Use Map to reflect neighborhood
boundary adjustments to Neighborhoods R-54, R-55, R-56, R-57, R-58, R-59, P-13 and S-3,
located in the south portion of Otay Ranch Village One West; and
WHEREAS, the development of the Property has been the subject matter of a Sectional
Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4,
1996, by Resolution No. 18286 and as amended on February 16, 1999, by Resolution No. 19375,
wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part
on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH
#94101046 CEIR 95-01"), and the amended Otay Ranch SPA One Plan Final Environmental
Impact Report No. 97-03, SCH #97091079 CEIR 97-03"); and
WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-11, and
said amendment was adopted by the City Council on February 16, 1999, by Resolution No.
19375; and
WHEREAS, this Project is a subsequent activity in the program of development
enviromnentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, that is virtually
identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation
corridors, etc., to the project descriptions in said fom~er environmental evaluations; and
WHEREAS, the City's Environmental Review Coordinator has determined that any
impacts associated with the proposed Otay Ranch Sectional Planning Area One (SPA) Plan
amendment modifying the SPA One Land Use Map, and Village One West Land Use Map to
reflect neighborhood boundary adjustments to Neighborhoods R-54, R-55, R-56, R-57, R-58, R-
59, P-13 and S-3, located in south portion of Otay Ranch Village One West have been previously
identified in amended SPA One Plan FEIR 97-03 and has therefore, prepared an addendum to
that document, identified as Exhibit "D" in this resolution; and
WHEREAS, the Planning Commission set the time and place for a heating on said Otay
Ranch Sectional Planning Area (SPA) One Plan amendment (PCM-01-09) and notice of said
hearing, together with its purpose, was given by its publication in a newspaper of general
Resolution 2001 - 118
Page 2
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries of the Project site at least ten days prior to the heating; and
WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m.
March 28, 2001, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and
WHEREAS, by a vote of 6-0-0-1 the Planning Commission approved the project; and,
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista on the Otay Ranch SPA One Amendment modifying the neighborhood boundaries in
Village One West, and adopting the ordinance to modify the Otay Ranch SPA One Planned
Community District Regulations Zoning District Map for Village One West; and
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 March 28, 2001, 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. ACTION
The City Council hereby approves the resolution amending the Otay Ranch SPA One
Plan modifying the SPA One Land Use Plan, identified as Exhibit "B," in this resolution,
and the Village One West Land Use Plan, identified as Exhibit "C," in this resolution,
finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General
Development 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.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the FEIR 97-
03, would have no new effects that were not examined in said FEIR (Guideline 15168
(c)(2)).
IV. CEQA FINDiNG REGARDiNG PROJECT WITHiN SCOPE OF PRIOR EIR
The City Council hereby finds that: (1) there were no changes in the Project from the
FEIR 97-03 which would require revisions of said reports; (2) no substantial changes
have occurred with respect to the circumstances under which the Project is undertaken
since the previous reports; (3) and no new infomtation of substantial importance to the
Project has become available since the issuance and approval of the prior reports; and
Resolution 2001 - 118
Page 3
that, therefore, no new effects could occur or no new mitigation measures will be
required in addition to those already in existence and made a condition for Project
implementation. Therefore, the City Council approves the Project as an activity that is
within the scope of the project covered by the FEIR 97-03 (Guideline 15168(c)(2) and
15162(a)).
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council finds that the Addendum prepared to Otay Ranch SPA One EIR 97-03,
identified as Exhibit "D," in this resolution reflects the independent judgement of the City
Council of the City of Chula Vista and hereby adopts the Addendum to Otay Ranch SPA
One EIR 97-03.
VI. INCORPORATION OF ALL MITIGATION MEASURES AND ALTERNATIVES
The City Council does hereby re-adopt and incorporate herein as conditions for this
approval all applicable mitigation measures and alternatives, as set forth in the findings
adopted in the Otay Ranch GDP Program EIR 90-01, Otay Ranch SPA One EIR 95-01,
and amended Otay Ranch SPA One EIR 97-03.
VII. NOTICE WITH LATER ACTIVITIES
The City Council does hereby give notice, to the extent required by law, that this Project
was fully described and analyzed and is within the scope of the FEIR 97-03 adequately
describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)).
VIII. CONSISTENCY WITH THE GENERAL PLAN
The proposed Project is consistent with the General Plan for the following reasons:
A. THE PROPOSED SPA ONE PLAN AMENDMENT IS IN CONFORMITY
WITH THE CHULA VISTA GENERAL PLAN.
The Otay Ranch Sectional Planning Area (SPA) Plan Amendment reflects the
land uses, circulation system, open space and recreational uses, and public facility
uses consistent with the Otay Ranch General Development Plan and Chula Vista
General Plan.
B. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA)
PLAN AMENDMENT WILL PROMOTE THE ORDERLY
SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL
PLANNING AREA.
The SPA One Plan Amendments contain provisions and requirements to ensure
the orderly, phased development of the project.
C. THE PROPOSED OTAY RANCH SECTIONAL PLANNING AREA (SPA)
PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT
Resolution 2001 - 118
Page 4
LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR
ENVIRONMENTAL QUALITY.
The land uses within Otay Ranch are designed with an open space buffer adjacent
to other existing projects, and future developments off-site and within the Otay
Ranch Planning Area One. A neighborhood park will be located within the
Village One West area to serve the project residents, and the project will provide
housing types compatible with Sunbow Master Planned Community, as required
by the General Development Plan. A comprehensive street network serves the
project and provides for access to off-site adjacent properties. The proposed plan
closely follows all existing environmental protection guidelines and will avoid
unacceptable off-site impacts through the provision of mitigation measures
specified in the Otay Ranch Environmental Impact Report.
Presented by Approved as to form by
Robert Leiter Jo . Kaheny
Planning and Building Director eyA _
Resolution 2001-118
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of April, 2001, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
hirle H~j~on4~ <'
ATTEST: S y , ~afor
Donna Norris, Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Deputy City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2001-118 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 24th day of April, 2001.
Executed this 24th day of April, 2001.
Donna Norris, Deputy City Clerk
R2001-118
CHULA VISTA PLANNING AND BUILDING DEPARTMENT
I~. ', ...............................-,,~ ........~""""~~%,
PROJECT PROJECT DESCRIPTION:
PPUCANT: OTAY PROJECT L.P. SPA NDM EN
PROJECT Otay Ranch Village One West (S)
AD BESS: east of Paseo Ranchero, south of East REQUEST:
t Palomar & iorth of Olympic Parkway ~econfigure residen~l neighborhot, d,S:
- FILE NUMBER;
No Scale LOCATOR PCM - 01-09
C'\myfiles~jscators\PCMO!-0~cdr '12/20/00 EsXFII]3Iq? ",A"
R2001~118
EX~-/IBIT "B"
R2001-118
R2001-118
ADDENDUM TO ENVIRONMENTAL IMPACT REPORT EIR-97-03
PROJECT NAME: Otay Ranch SPA One Amendment and Village One West South
Revised Tentative Tract No. 98-06
PROJECT LOCATION: North of Olympic Parkway, south of East Palomar Street, West
of Paseo Ranchero and East of the Sunbow planned
community
PROJECT APPLICANT: Otay Project LP
CASE NO: EIR-97-03
DATE: March 22, 2001
I. BACKGROUND
The Otay Ranch SPA One plan was amended in 1998 to include an approximately 308-
acre area known as Village One West. A Final Second Tier Environmental Impact Report
(EIR-97-03) for the Otay Ranch SPA One and GDP/SRP Amendments was certified at the
same time.
Minor boundary adjustments and changes in the layout and configuration of land uses are
proposed for an approximately l O0-acre portion of the amended SPA area, known as
Village One West South. An approximately 10-acre parcel in the northwest portion of
Village One West South was not owned by the Otay Ranch developer at the time that the
SPA One Amendments were approved. Planning for the Village One West South area was
undertaken for the entire area, regardless of ownership. Since that time, the Otay Project
LP now has ownership of all of the land within the Village One West South boundaries,
and is proposing to reconfigure land uses within the planning area.
II, PROPOSED PROJECT
Otay Project LP proposes to amend the Otay Ranch Section Planning Area (SPA) One Plan
and to revise Tentative Tract No. 98-06. The changes to the SPA Plan and Tentative Map
include the following:
1) Relocation of a proposed neighborhood park (P13) from the east side of the
project area (consistent with the approved SPA Plan) to the west side of the
project area;
2) Reconfiguration of the residential neighborhood layout and inclusion of the
approximately l O-acre property adjacent to Sunbow ("out-parcel") that was
excluded from Tentative Tract Map No. 98-06;
3) Adjustment of the number of dwelling units to include the 10-acre out-parcel
EIR-97-03 Addendure #2 1 03/22/01
EXHIBIT "D"
4) Addition of an approximately 0.5 acre area of land that is currently part of
the Sunbow II SPA, and is identified as Single-Family Residential on the Site
Utilization Plan for that SPA.
This amendment is consistent with the City of Chula Vista General Plan and Otay Ranch
GDP/SRP approved by the City Council in 1993, and requires minor amendments to the
amended SPA One plan that was approved in 1998. A Final Second Tier Environmental
Impact Report (EIR-97-03) for the Otay Ranch SPA One and GDP/SRP Amendments was
certified on November 1 O, 1998.
The California Environmental Quality Act Guidelines (§15162) establishes the conditions
under which a subsequent EIR shall be prepared.
A. When an EIR has been prepared for a project, no subsequent EIR shall be
prepared for that project unless the lead agency determines, on the basis of
substantial evidence in light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require major
revisions of the EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified
significant effects;
2. Substantial changes occur with respect to the circumstances under which '
the project is undertaken which will require major revisions to the EIR due to
the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects; or
3. New information of substantial importance which was not known and could
not have been known with the exercise of reasonable diligence at the time
the EIR was prepared.
B. If changes to a project or its circumstances occur or new information becomes
available after preparation of an EIR, the lead agency shall prepare a subsequent
EIR if required under subsection A. Otherwise the lead agency shall determine
whether to prepare a subsequent Negative Declaration, an addendum or no
further documentation (Guidelines § 15162).
Section 15164 of the State CEQA Guidelines provides that:
A. The lead agency shall prepare an addendum to a previously certified EIR if some
changes or additions are necessary but none of the conditions described in
Section 15162 calling for preparation of a subsequent EIR have occurred.
B, An addendure need not be circulated for public review but can be included in or
attached to the final EIR.
C. The decision-making body shall consider the addendure with the final EIR prior to
making a decision on the project.
EIR-97-03 Addendum #2 2 03/22/01
D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendure to an EIR, the lead agency's
required findings on the project, or elsewhere in the record. The explanation
must be supported by substantial evidence.
This addendure has been prepared to pursuant to the requirements of Section 15164 of
the State CEQA Guidelines. Moving the neighborhood park site from one side of the site to
the other, with the accompanying modifications to land use layout, and the addition of 0.5
acre of development area does not constitute a substantial change to the previously
approved project, nor would there be a substantial change in circumstances under which
the project would be constructed, and no new information of substantial importance has
been presented. The modifications proposed for Village One West South would not result
in any environmental effects that were not considered in EIR-97-03, nor would the
changes increase the severity of any of the impacts identified in EIR-97-03. The mitigation
measures identified in EIR-97-03 would be equally applicable to the revised project.
Therefore, in accordance with Section 15164 of the State CEQA Guidelines, the
City has prepared the following addendure to the Environmental Impact Report
for the Otay Ranch SPA One EIR-97-03.
III. ANALYSIS
An Environmental Checklist Form was completed to determine if the modifications to the
project would change any of the analyses contained in EIR-97-03. The conclusion is that
previously identified environment impacts would not be intensified as a result of the
changes, nor would any new impacts result. A copy of the checklist is attached.
EIR-97-03 Addendure #2 3 03/22/01
IV. CONCLUSION
Pursuant to Section 15164 of the State CEQA Guidelines, and based upon the above
· discussion, I hereby find that the project revisions to the proposed project will result in only
minor technical changes or additions which are necessary to make the Environmental
Impact Report adequate under CEQA.
Marilyn R. Fo Ponseggi
Environmental Review Coordinator
References: General Plan, City of Chula Vista
Title 19, Chula Vista Municipal Code
City of Chula Vista Environmental Review Procedures
Otay Ranch General Development Plan
Otay Ranch SPA One Plan
Otay Ranch SPA One Plan Amendments
EIR~97-03 Addendure #2 4 03/22/01