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HomeMy WebLinkAboutReso 2001-117 RESOLUTION NO. 2001-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN TO ADJUST THE EASTERLY SUNBOW BOUNDARY WITH THE OTAY RANCH SPA ONE WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A," and described on Chula Vista Tract 90-07, and is commonly known as Sunbow II ("Property"); and WHEREAS, a duly verified application for a SPA amendment was filed with the Planning and Building Department on December 20, 2000, by The Otay Ranch Company (Otay Project L.P.) with authorized signature from Ayres Land Development Company ("Developer"); and WHEREAS, said application requests approval to amend the Sunbow II Sectional Planning Area (SPA) Plan to revise the easterly SPA boundary with Otay Ranch resulting in an overall reduction in the Sunbow II SPA area by 0.5 acres; and WHEREAS, the boundary adjustment is located at the easterly property line of Sunbow II south of East Palomar Street in Planning Area 19 of the Sunbow II SPA Plan south of Planning Area 18 in the Sunbow II Planned Community; and WHEREAS, the Planning Commission set the time and place for a hearing on said Sunbow II SPA Amendment (PCM-01-22) 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 feet of the exterior boundaries of the Project site 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., March 28, 2001, in the Council Chambers, 276 Fourth Avenue, before the City of Chula Vista Planning Commission and said hearing was thereafter closed; and WHEREAS, by a vote of 6-0-0-1, the Planning Commission recommended approval the project; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on the Sunbow II Amendment; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under the Sunbow II EIR 88-01, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed Sunbow II SPA Plan amendment modifying the easterly boundary adjacent to the south portion of Otay Ranch Village One West have been previously identified in Sunbow II SPA EIR 88-01 and has therefore, prepared an addendnm to that document identified as Exhibit "C," in this resolution; and Resolution 2001 - 117 Page 2 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 on held on this Project on March 28, 2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. ACTION The City Council hereby approves the resolution amending the Sunbow II SPA Plan and Site Utilization Plan, identified as Exhibit "B," in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Sunbow 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 Sunbow II FEIR 88-01, would have no new effects that were not examined in said FEIR [Guideline 15168 (c)(2)]; and 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 Sunbow II FEIR 88-01 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 information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and 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 Sunbow II FEIR 88-01 [Guideline 15168(c)(2)and 15162(a)]. V. INDEPENDENT JUDGEMENT OF CITY COUNCIL The City Council finds that the Addendum prepared to Sunbow II EIR 88-01, identified as Exhibit "C," in this resolution, reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to Sunbow II EIR 88-01. 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 Mitigation Monitoring Program for Sunbow II FEIR 88-01. Resolution 2001-117 Page 3 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 Sunbow II FEIR 88-01 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 PLAN AMENDMENTS ARE IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Sunbow II SPA Plan Amendment reflects the General Development Plan Amendment and SPA Amendment for Otay Ranch SPA One that adjusted the lot line boundary. This revision to the boundary is consistent with the Sunbow General Development Plan and Chula Vista General Plan. B. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANN1NG AREA. The Sunbow II SPA Plan Amendment does not modify the approved provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED SECTIONAL PLANNING AREA PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The single-family residential land uses within Sunbow and the adjacent Otay Ranch will maintain an open space buffer adjacent to each boundary, and does not affect developments off-site and within the Sunbow II SPA area. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision and implementation of mitigation measures specified in Sunbow II EIR 88-01. Presented by Approved as to form by Planning and Building Director Resolution 2001 - 117 Page 4 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, S alas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: Shirley Hort~,,~ayor Susan Bigelow, City Cler~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-117 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. Susan Bigelow, City C1Lf Resolution 2001-117 \\ /////~\ OTAY RANCH P-3 NEIGHBORHOOD~-- ~ PARK SI' FUTURE SUNBOW II ELEMENTARY SCHOOL PROJECT BOUNDARY OTAY RANCH VILLAGE ONE WEST SUNBOW CHULA VISTA PLANNING AND BUILDING DEPARTMENT ILoC~bR" PRoJEcT OTAY PROJECT L.P. PROJECT DESCR,PT,ON:  APPUCANT: south of East PaSomar Sireel SPA AMEN DME NT ~T: on the eastedy boundaW of the ss Sunbow II Planned Community Reques~ Approval of an amendment to the Sunbow II ( ] SPA Plan to revise ~e S~e UMi~tion Plan to refied s~: FILE NUMBER: ~e easterly bounda~ adjus~ent of he Sunbow II O No S~le N RTH PCM~I-~ SPA area... h:%home~planning~carlos~locators%pcm0122.cdr 3.12.01 ~xHz~ ,,~. Resolution 2001-117 ~ No Sca~e ! / BOUNDARY STATISTICAL SUMMARY ~e as 32.7 144 · PERTENTATIVEMAP0RRNALMAP~T1ONS NOTE: 2z I~s 17.o 79 ALL GROSS ACREAGE NUMBERS FOR CH PLANNING AREA ARE 22 FIS 21.6 103 CALCULATIONS BASEO ON THE PLANNING AREA ROUNDARY T r~eeo~[ 298,4 1946 EXTENDED TO THE CENTERUNE OF THE ADJACENT ROAD Site Utilization Plan Revised 6/20/00 **Revised 12/19/00 ]SXHIBIT "B" Resolution 2001-117 ADDENDUM TO ENVIRONMENTAL IMPACT REPORT EIR-88-1 PROJECT NAME: Sunbow II SPA Boundary Revision PROJECT LOCATION: North of Olympic Parkway, south of Telegraph Canyon Road, and East of Medical Center Drive PROJECT APPLICANT: Otay Project LP CASE NO: EIR-88-1 DATE: March 22, 2001 I. PROJECT DESCRIPTION The project consists of a revision to the easterly boundary of the Sunbow II SPA area, removing 0.5 acre from the gross SPA land area. The 0.5-acre area is proposed to be added to the Otay Ranch SPA One. Ayers Land Company, owners of the Sunbow II project, and Otay Project L.P., owners of the Otay Ranch Village One West project (directly adjacent to Sunbow's easterly boundary) have reached an agreement whereby Otay Project L.P. will acquire the subject property from Ayers Land Company. The Otay Project L.P. proposes to develop the 0.5 acre of land as single family residential uses. The land is currently designated as single family residential use on the Site Utilization Plan for the Sunbow II SPA Plan. The necessary actions to accomplish the proposed amendments include modifications to the boundaries of the Sunbow II Site Utilization Plan and legal description to reflect the 0,5-acre reduction. A Final Environmental Impact Report for the Sunbow II SPA plan, EIR 88-1 (State Clearinghouse No. 88121423 was prepared and was certified on December 5, 1989. The proposed action is considered in relationship to the analysis and documentation contained in that Final EIR. 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 EIR-97-03 Addendum #2 03/22/01 EXHIBIT "C" 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 addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum 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 addendum has been prepared to pursuant to the requirements of Section 15164 of the State CEQA Guidelines. The boundary modification proposed for the Sunbow II SPA would not result in any environmental effects that were not considered in EIR-88-1, nor would the changes increase the severity of any of the impacts identified in EIR 88-1. The mitigation measures identified in EIR-88-1 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 addendum to the Environmental Impact Report for the Otay Ranch SPA One EIR-97-O3. III. ANALYglS An Environmental Checklist Form was completed to determine if the modifications to the project would change any of the analyses contained in EIR-88-1. 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 2 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. F. Ponseggi Environmental Review Coordinator References: General Plan, City of Chula Vista Title 19, Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures Sunbow I1 SPA Plan EIR-97-03 Addendum #2 3 03/22/01