HomeMy WebLinkAboutReso 1998-19031 RESOLUTION NO. 19031
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE FIFTH ADDENDUM TO THE FINAL
SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01 )
FOR THE OTAY RANCH SPA ONE PLAN AND APPROVING AN
AMENDMENT TO THE OTAY RANCH PHASE 2 RESOURCE
MANAGEMENT PLAN CONVEYANCE SCHEDULE
WHEREAS, on October 28, 1993, the San Diego County Board of Supervisors and the
Chula Vista City Council jointly adopted the Otay Ranch General Development
Plan/Subregional Plan (GDP/SRP), including the Otay Ranch Phase 1 Resource Management
Plan (Phase 1 RMP), governing the development of the 23,000 acre Otay Ranch project, and
WHEREAS, the GDP and Phase 1 RMP require, as a condition of the development of
Otay Ranch, the phased creation of an 11,375 acre Resource Preserve to be owned and
operated by a public or quasi-public Preserve Owner/Managerr and
WHEREAS, the Otay Ranch GDP Program EIR and Findings of Fact find that the
creation of the 11,375 acre Resource Preserve mitigates identified biological impacts of the
Otay Ranch project, including cumulative biological impacts; and
WHEREAS, on March 6, 1996, the San Diego County Board of Supervisors adopted
the Otay Ranch Preserve Conveyance Plan, which identifies specific open space areas within
Otay Ranch which must be conveyed to the Otay Ranch Preserve Owner/Manager as a
condition of the development of the Otay Ranch SPA One; and
WHEREAS, on June 4, 1996, the City of Chula Vista City Council adopted the Otay
Ranch Phase 2 Resource Management Plan (Phase 2 RMP), including a Preserve Conveyance
Plan essentially identical to the plan previously adopted by the San Diego County Board of
Supervisors; and
WHEREAS, a duly verified application, PCM 98-15, for a Miscellaneous Amendment
("Project") was filed with the Chula Vista Planning Department on October 17, 1997 by the
Otay Ranch Company ("Applicant"); and
WHEREAS, said application requested an amendment to the Otay Ranch Resource
Management Plan, Phase 2, Exhibits 14A and 14B, otherwise known as the Conveyance
Schedule; and
WHEREAS, circumstances have changed since the Otay Ranch GDP/SRP was adopted
in 1993 which impact the Preserve Conveyance Schedule. At the time the GDP/SRP,
including the RMP 1 was adopted, the entire Otay Ranch project was controlled by one entity,
the Baldwin Company. Four years later, when Otay Ranch SPA One is required to convey
lands to the preserve, Otay Ranch is controlled by ten separate owners. Open space and
developable lands are not proportionately shared by all owners; and
WHEREAS, said application adds additional environmentally sensitive land in central
Proctor Valley which meets the GDP and RMP 1 guidelines to the first order of conveyance;
and
Resolution 19031
Page 2
WHEREAS, virtually all of the eastern portions of Otay Ranch have been included in the
San Diego National Wildlife Refuge, Otay-Sweetwater Unit. Furthermore, the City of San
Diego and the United States Fish and Wildlife Service have certified the EIR/EIS for the San
Diego Multi-Species Conservation Program (MSCP). Including the County of San Diego and
the City of Chula Vista Subarea Plans which incorporate the Otay Ranch preserve system.
The County of San Diego has adopted the South County MSCP Subarea Plan including the
land plan changes reflected in the agreement between Baldwin entities and the Resource
Agencies; and
WHEREAS, Dudek & Associates, the biological firm which worked on the RMP 2, has
determined that the lands proposed to be added to the first conveyance parcels are of a high
biological value, which meets the criteria for a Keystone parcel, as set forth in their letters
dated April 27, 1998 and May 28, 1998, incorporated herein by this reference; and
WHEREAS, USFWS has submitted a letter, incorporated herein by this reference, in
support of the amendment to the conveyance schedule indicating that the land to be added
is of high biological quality; and
WHEREAS, while the multiplicity of owners seriously complicates the ordered
conveyance of preserve properties, the creation of the National Wildlife Refuge and the
emergence of the MSCP provide greater opportunities to convey preserve lands in a flexible
manner; and
WHEREAS, the Planning Commission set the time and place for a public 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 feet of the exterior boundaries of the property at least ten (1 O) days prior
to the hearing; and
WHEREAS, the Planning Commission recommends that an additional 320 acres owned
by the Estate of Patrick in the Proctor Valley parcel be added to the conveyance schedule, if
it meets the biological criteria of a Keystone parcel. Dudek & Associates by letter dated May
28, 1998 has determined that the 320 acres does meet this criteria. Therefore, Exhibit 14
includes the additional 320 acres; and
WHEREAS, the public hearing was held at the time and place as advertised, namely
7:00 p.m. on March 11, 1998 in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was continued to March 25, 1998 and was thereafter
closed and readvertised for May 13, 1998 at the same time and place; and
WHEREAS, the City Council set the time and place for a public 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 feet of the exterior boundaries of the property at least ten (10) days prior
to the hearing; and
WHEREAS, the public hearing was held at the time and place as advertised, namely
6:00 p.m. on June 9, 1998 in the Council Chambers, 276 Fourth Avenue, before the City
Council; and
Resolution 19031
Page 3
WHEREAS, the City Environmental Review Coordinator has reviewed the Project and
prepared the Fifth Addendure to the SPA One Plan Environmental Impact Report which
concluded that adding the "Keystone" parcels to the Conveyance Schedule would be
consistent with the Otay Ranch RMP guidelines. The guidelines indicate the Keystone parcels
have the highest quality resources and early conveyance to the Otay Ranch Preserve
Owner/Manager is in the public interest. The change to the Conveyance Schedule, with
respect to the inclusion of additional land, would not result in significant impacts in that all
such additional lands are Keystone parcels having the highest quality resources as described
in the Dudek & Associates letters dated April 27, 1998 and May 28, 1998 and the USFWS
letter dated May 12, 1998. Therefore, pursuant to Section 15164 of the State CEQA
Guidelines, the Environmental Review Coordinator found that the revisions would result in only
minor technical changes or additions which are necessary to make the EIR adequate under
CEQA.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, hereby finds that
adding any of the Keystone parcels to the Conveyance Schedule would be consistent the RMP
Phase 1 and 2 guidelines and that none of the modifications to the first conveyance would
result in significant impacts, either plan-to-plan or on a plan-to-ground basis and hereby adopts
the Fifth Addendum to the Final Second-Tier Environmental Impact Report EIR 95-01 and
Addendum.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL, from the facts presented to the
City Council, the Council has determined that the amendment to the Conveyance SChedute
of the Phase 2 Resource Management Plan (i.e., deleting Exhibits 14A and 14B and
substituting with Exhibit 14) is consistent with the goals and policies set forth in the Otay
Ranch General Development Plan/Subregional Plan regarding the establishment of the Otay
Ranch Open Space Preserve.
BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby approves the
amendment to the Phase 2 Resource Management Plan (i.e., delete Exhibits 14A and 14B and
insert Exhibit 14), and that a copy of this resolution be transmitted to the owners of the
property.
Presented by Approved as to form by
Robert A. Leiter o n Kaheny ~-
Planning Director ~ orney
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Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 9th day of June, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Honor, Mayor
ATTEST:
~Au~'helet, City Cler~~k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19031 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 9th day of June, 1998.
Executed this 9th day of June, 1998.
~uthelet, City Clerk