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HomeMy WebLinkAboutReso 1998-19032 RESOLUTION NO. 19032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (PCM 98-21) WHEREAS, an application for an amendment to the Otay Ranch General Development Plan (GDP) was filed with the City of Chula Vista Planning Department on December 3, 1997 by the McMillin Companies ("Applicant"), and WHEREAS, the amendment to the Otay Ranch GDP involves allowing for additional flexibility in determining the density for the village cores. This text amendment applies to the entire area affected by the Otay Ranch GDP ("Project"), and WHEREAS, the Planning Commission set the time and place for hearings on said GDP amendment and notice of said hearing, together with its purpose, was given by publication in a newspaper of general circulation in the City and mailing to property owners within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and WHEREAS, the hearing was held at the time and place as advertised on May 13, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission, and WHEREAS, the Environmental Review Coordinator has prepared a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01, a Recirculated Second-tier Draft EIR and Fourth Addendure, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and WHEREAS, this Second-tier ErR, the Recirculated EIR and Addendure incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendure are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implennent those measures. These findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: Resolution 19032 Page 2 I. PLANNING COMMISSION RECORD The proceedings and al~ evidence introduced before the Planning Commission at their public hearings on the Draft EIR, the Recirculated DEIR and Addendure held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, and their public hearing held on this Project on March 22, 1998 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. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01 and Addendure, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. III. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENT .S IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Otay Ranch General Development Plan was found consistent with the Chula Vista General Plan when it was approved on October 23, 1993. The Otay Ranch General Development Plan Amendment is minor in nature and does not impact the land use, circulation system, open space and recreational uses, and public facility uses set out in the GDP. This amendment will still advance the goals and objectives of the Otay Ranch GDP. B. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENT WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan and Public Facilities Financing Plan contain provisions and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan specifies the public facilities required by the Otay Ranch, and also the regional facilities needed to serve it. The proposed amendments to master- planned villages, transit, irrigation of farmland, solar energy requirements, residential noise mitigation, habitat mitigation noise standards and habitat performance standards will not have an impact on the sequential development of SPA One. C. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENT WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The villages 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 Resolution 19032 Page 3 Planning Area One. Four neighborhood parks will be located within the SPA One area to serve the project residents, and the project will provide a wide range of housing types for all economic levels. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed plan 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 h'npact Report. The proposed GDP amendments will not adversely affect adjacent land use, residential enjoyment, circulation or environmental quality. IV. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. ADOPTION OF FINDINGS OF FACT The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, a copy of which is on file in the office of the City Clerk, known as Document No. CO96-056. B. CERTAIN MITIGATION MEASURES FEASIBLE AND ADOPTED As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, copy of which is on file in the office of the City Clerk, known as Document No. CO96-056, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and hereby binds itself and the Applicant and its successors in interest, to implement those measures. C. INFEASIBILITY OF MITIGATION MEASURES As rnore fully identified and set forth in FEIR 95-01 and Addendure and in the Findings of Fact for this project, a copy of which is on file in the office of the City Clerk, known as Document No. CO96-056, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible. D. INFEASIBILITY OF ALTERNATIVES As more fully identified and set forth in FEIR 95-01 and Addendure and in the Findings of Fact, Section XI, for this project, a copy of which is on file in the office of the City Clerk, known as Document No. Co96-057, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 and Addendurn were found not to be feasible. E. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program"), copy of which is on file in the office of the City Clerk and known as Document No. CO96-057. The City Resolution 19032 Page 4 Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties and the successors in interest h'nplement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program. F. STATEMENT OF OVERRIDING CONSIDERATION Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations, copy of which is on file in the office of the City Clerk, known as Document No. CO98-058, identifying the specific econornic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. V. NOTICE OF DETERMINATION That the Environrnental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. VI. ATTACHMENTS All attachments and exhibits are on file in the office of the City Clerk. VII. The City Council hereby approves an Amendment to the Otay Ranch General Development Plan (PCM 98-21 ), copy of file in the office of the City Clerk, known as Document No. CO98-097. Presented by Approved as to form by F Resolution 19032 Page 5 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: Padilia, Rindone, Salas and Horton NAYES: Councih'nembers: None ABSENT: Councilnaembers: None ABSTAIN: Councilmembers: Moot Shirley '~t~n, Mayor ATTEST: Authelet, City Clerk 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. 19032 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