Loading...
HomeMy WebLinkAboutReso 1998-19033 RESOLUTION NO. 19033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT PCM 98~16 TO THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN, WHICH INCLUDES THE OVERALL DESIGN PLAN, VILLAGE DESIGN PLAN AND SUPPORTING DOCUMENTS, PARKS, RECREATION, OPEN SPACE AND TRAILS PLAN, REGIONAL FACILITIES REPORT, PHASE 2 RESOURCE MANAGEMENT PLAN AND SUPPORTING PLANS, NON-RENEWABLE ENERGY CONSERVATION PLAN, RANCH-WIDE AFFORDABLE HOUSING PLAN, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECHNICAL RECONNAISSANCE REPORT WHEREAS, an application for an amendment to the Otay Ranch Sectional Planning Area (SPA) One Plan, was filed with the City of Chula Vista Planning Department in December 3, 1997 by the McMillin Companies ("Applicant"); and WHEREAS, the SPA One Plan also includes the following documents: Overall Design Plan, Village Design Plan, Public Facilities Financing Plan and Supporting Documents, Parks, Recreation, Open Space and Trails Plan, Regional Facilities Report, Phase 2 Resource Management Plan and Supporting Plans, Non-Renewable Energy Conservation Plan, Ranch- Wide Affordable Housing Plan, SPA One Affordable Housing Plan and the Geotechnical Reconnaissance Report (all documents referred to herein as "Project"); and WHEREAS, the SPA One Plan project area includes all of Villages One and Five and is comprised of approximately 1,061.2 acres of land located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 ("Project Site"); and WHEREAS, the SPA refines and implements the land plans, goals, objectives and policies of the Otay Ranch General Development Plan (GDP) adopted by the Chula Vista City Council on October 28, 1993, and amended on May 14, 1996; and WHEREAS, the Planning Commission set the time and place for hearings on said Project and notice of said hearings, 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 Village Five 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, a Second-tier Draft Environmental Impact Report (EIR) E~R 95-01, a Recirculated Second-tier Draft EIR and Addendum, 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, the Second-tier EIR 95-01, 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 Resolution 19033 Page 2 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, the City Council of Chula Vista certified EIR 95-01 as adequate in compliance with CEQA at a duly noticed public hearing on May 14, 1996 and recertified said EIR on May 21, 1996 to assure compliance with Public Resources Code Section 21092.5(a). The City now desires to once again recertify this document as adequate in compliance with CEQA; and WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR and Addendum 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 complement 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 this resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are references in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project; and WHEREAS, the City Council of Chula Vista held a duly noticed public hearing on June 9, 1998 regarding 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: I. RECORD OF PROCEEDINGS The proceedings of all evidence introduced before the Planning Commission and City Council at their public hearings on this Project held on May 13 and June 9, 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, including documents specified in Public Resources Code Section 21167.6 subdivision(s), shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. FEIR 95-01 REVIEWED AND CONSIDERED The City Council of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendum and the environmental impacts therein identified for this Project. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that FEIR 95-01 and Addendum, 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. Resolution 19033 Page 3 IV. INDEPENDENT JUDGMENT QF CITY COUNCIL The City Council finds that the FEIR 95-01 and Addendure reflects the independent judgment of the City of Chula Vista City Council. V. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. The proposed amendment to the Sectional Planning Area Plan is in conformity with the Otay Ranch General Development Plan and the Chula Vista General Plan. The Otay Ranch Sectional Planning Area (SPA) Plan 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 amendment to the Sectional Planning Area Plan 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 Otay Ranch, and also the regional facilities needed to serve it. C. The proposed amendment to the Sectional Planning Area Plan will not adversely affect adjacent land use, residential enjoyment, circulation or environmental quality. The land uses within Otay Ranch are designed with a grade-separated open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch 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 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. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS The City Council hereby finds that: (1) there were no changes in the project from the Program EIR and the FEIR 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 Resolution 19033 Page 4 project covered by the Program EIR and FEIR, and a third Addendure has been prepared (Guideline 15168 (c)(2) and 15162 (a)). VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is 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. VIII. ATTACHMENTS All attachments and exhibits are on file in the office of the City Clerk. IX. EXECUTION AND RECQRDATION OF RESOLUTION OF APPROVAL The Property Owner and/or Applicants shall execute the document. Said execution indicating that the Property Owner and/or Applicant have each read, understand and agree to the conditions contained herein. This does not provide the Property Owner and/or Applicant with any "vesting" of entitlements to this Project or any of the corresponding documents approved herein, that is not otherwise provided by state and federal law. Said document is on file in the City Clerk's office known as Document No. C098-092. X. The City Council hereby approves the Amendment PCM 98-16 to the SPA One Plan, copy of which is on file in the office of the City Clerk, known as Document No. CO98~092. Presented by Approved as to form by Robert A. Leiter n Kah Planning Director ney Resolution 19033 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: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY QF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19033 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. ~u~helet, City Clerk