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HomeMy WebLinkAboutReso 2001-176 RESOLUTION NO. 2001-176 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN ADDENDUM TO FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT 97-02 REGARDING AMENDMENTS AND ADDITIONS TO THE PLANNED COMMUNITY DISTRICT REGULATIONS OF THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA) PLAN, ADDRESSING FLOOR AREA RATIO AND LOT COVERAGE DEVELOPMENT STANDARDS I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Resolution are diagrammatically represented in Attachment A, incorporated herein by this Resolution, and commonly known as the San Miguel Ranch Sectional Planning Area, and for the purpose of General description herein consists of 743.1 acres located east and north of Proctor Valley Rd., south of Sweetwater Reservoir and the SDG&E Miguel Substation, and west of Rolling Hills Ranch ("Project Site"); and B. Project; Application for Discretionary Approvals WHEREAS, on November 13, 2000, a duly verified application requesting amendments and additions to the Planned Community District Regulations of the San Miguel Ranch Sectional Planning Area (SPA) Plan was filed by the City of Chula Vista Planning and Building Department (Applicant); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of a prior Sectional Planning Area (SPA) plan including Planned Community (PC) District Regulations previously approved by City Council Resolution 19631 and Ordinance No. 2799 on October 19, 1999; and WHEREAS, the Planned Community District Regulations are established by City Council Ordinance 2799, pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 Planned Community Zone, and are applicable to the San Miguel Ranch SPA Land Use Plan; and WHEREAS, the development of the Project Site has been the subject matter of a Third- tier, Final Subsequent Environmental Impact Report (FSEIR) EIR-97-02 previously certified by City Council Resolution 19630 on October 19, 1999; and WHEREAS, this Third-tier FSEIR incorporates by reference two prior EIRs: the original Rancho San Miguel Ranch General Development Plan FEIR-90-02, certified by the City Council on March 23, 1993; and the San Miguel Ranch General Plan Amendment / General Development Plan Amendment FSEIR-95-04, certified by the City Council on December 17, 1996; as well as their associated Findings of Fact, and Mitigation Monitoring and Reporting Programs; and D. Planning Commission Record of Application Resolution 2001 - 176 -- Page 2 WHEREAS, the Planning Commission held an advertised public hearing on the Project on May 23, 2001, and voted 5-0-2 to forward a recommendation to the City Council to approve the proposed Amendments and Additions to the SPA Plan - Planned Community District Regulations for 743.1 acres known as San Miguel Ranch. The proceedings and all evidence introduce before the Planning Commission at the public hearing on this project held on May 23, 2001, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding; and E. City Council Record of Application WHEREAS, the City Clerk set the time and place for the hearing on the Project applications 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 ft. of the exterior boundaries of the Project Site at least ten days prior to the hearing. WHEREAS, the hearing was held before the City Council of the City of Chula Vista at the time and place as advertised, on June 5, 2001, on the project and to receive the recommendations of the Planning Commission, and to hear public testimony, in the Council Chambers, 276 Fourth Avenue, Chula Vista, before the City Council; and NOW THEREFORE BE IT RESOLVED that the City Council hereby finds, determines and resolves as follows: II. FINAL SUBSEQUENT EIR-97-02 AND ADDENDUM TO FSEIR-97-02 REVIEWED AND CONSIDERED; FINDINGS; APPROVALS On October 19, 1999, the City Council of the City of Chula Vista reviewed, analyzed, considered, approved and certified third-tier FSEIR-97-02; and The Environmental Review Coordinator prepared an Addendum to FSEIR 97-02 which specifically addresses the amendments and additions to the Planned Community District Regulations and has determined that the proposed changes would not result in significant impacts pursuant to Section 15164 of the Califomia Environmental Quality Act (CEQA) Guidelines, and therefore found that the revisions would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby certifies that the Addendum to FSEIR-97-02 has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL Resolution 2001 - 176 Page 3 The City Council exercised their independent review and judgment with respect to the Addendure to FSEIR 97-02 in the form presented and has determined that said document was prepared in accordance with requirements of the California Environmental Quality Act the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. V. 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 shall 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 Developer or successor in interest by the City approval of this Resolution. VI. 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. Presented by Approved as to form by Robert A. Leiter John M. Kaheny Planning and Building Director City Attorney Resolution 2001 - 176 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of June, 2001, by the following vote: AYES: Councilmembers: Padilia, Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Davis Shirley &o~,~ayor ATTEST: Susan Bigelow, City Cler~l~ 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. 2001-176 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of June, 2001. Executed this 5th day of June, 2001. Susan Bigelow, City Clerk ' PROJECT LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR P.OJEcT City Of Chula Vista PROJECT DESCRIPTION:  A..L,cA.T: San Miguel Ranch PROJECT North of Proctor Valley Rd Request To approve amendments and additions to the ADDRESS: & West of Rolling Hills Ranch San Miguel Ranch planned community distdct mgulaUons SCALE: J FILE NUMBER: (zoning) to add floor area ratio development standards and NORTH No Scale PCM-01-07 amend building coverage development standards,