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HomeMy WebLinkAboutReso 1998-19034 RESOLUTION NO. 19034 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FOURTH ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH No. 95021012) AND APPROVING A TENTATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 98-04, AND MAKING THE NECESSARY FINDINGS WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 98-04 and is cornmonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"); and WHEREAS, McMillin Companies filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Otay Ranch SPA One, Chula Vista Tract 98-04, with the Planning Department of the City of Chula Vista on December 3, 1997; and WHEREAS, the application requested the approval for the subdivision of approximately 101.4 acres located south of the intersection of Telegraph Canyon Road and Otay Lakes Road into 164 single family residential lots, 669 multi-family units, one lO-acre school site, 12 acres of neighborhood parks, 4.8 acres of community purpose facility lots and one commercial site on 2.8 acres; and WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH No. 9010154 ("Program EIR 90-01 "); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 9, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH/195021012 ("FEIR 95-01 "); and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendures thereto, 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 Environmental Review Coordinator has reviewed the proposed alternative tentative maps (including the Project's) as part of IS-98-16 and determined that they are in substantial conformance with the SPA Plan and the related environmental documents and that the proposed alternative tentative maps would not result in any new environmental effects that were not previously identified, nor would the proposed alternative tentative maps result in a substantial increase in severity in any environmental effects Resolution 19034 Page 2 previously identified; therefore only an Addendum to FEIR 95-01 is required in accordance with CEQA; and WHEREAS, the Planning Commission held an advertised public hearing on the original tentative map application on May 13, 1998 at which time the Planning Commission voted to adopt the Fourth Addendure to FEIR 95-01 and recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and WHEREAS, the City Council set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, a hearing was held at the time and place as advertised on June 9, 1998 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: SECTION 1. CEQA Finding Regarding Previously Examined Effects The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-tier FEIR 95-01, and addendums thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and subsequent Second- tier FEIR 95-01 (Guideline 15168 (c)(2)); and SECTION 2. CEQA Finding Regarding Project within Scope of Prior Program EIR 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 project covered by the Program EIR and FEIR, and a fourth Addendure has been prepared (Guideline 15168 (c)(2) and 15162 (a)). SECTION 3. 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 GDP EIR (90-01) and the SPA Plan EIR (95-01) and the Final EIR with first, second, third and fourth addendum's adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168 (e)). Notice on the SPA EIR was given on June 9, 1996. Resolution 19034 Page 3 SECTION 4. Tentative Map Findings A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the revised tentative subdivision map for the Village Five core as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 98-04, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: 1. Land Use - The Project is a planned community which provides a variety of land uses and residential densities ranging between 6.3 and 30.9 dwelling units per acre. The project is also consistent with General Plan policies related to grading and landforms. 2. Circulation - All of the on-site and off-site public and private streets required to serve the subdivision consist of Circulation Element roads and local streets in locations required by said Element. The Applicant shall construct those facilities in accordance with City standards or pay in-lieu fees in accordance with the Transportation Development Impact Fee program. 3. Housing ~ The Applicant is required to enter into an agreement with the City to provide and implement a low and moderate income program within the Project prior to the approval of any Final Map for the Project. 4. Parks and Recreation Open Space - The Project will provide 12 acres (gross) of neighborhood parks and the payment of PAD fees or additional improvements as approved by the Director of Parks and Recreation. In addition, a recreational trail system will be provided throughout the Project, ultimately connecting with other open space areas and trail systems in the region. Open Space - The Project provides 20.4 acres of open space, 14% of the total 290 acres recommended for approval. A program to preserve 83% of slopes greater than 25% has been established ranch-wide and is detailed in the recirculated FEIR 95-01. 5. Conservation - The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety - The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 7. Public Safety - All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8, Public Facilities - The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Qtay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. Resolution 19034 Page 4 9. Noise - The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the UBC with regard to acceptable interior noise levels. 10. Scenic Highway - The roadway design provides wide landscaped buffers along the two scenic highways, Telegraph Canyon Road and East Orange Avenue (Olympic Parkway). 11. Bicycle Routes - Bicycle paths are provided throughout the Project. 12. Public Buildings - The Project provides one elementary school site to serve the area. The Project will also be subject to Public Facilities Development Impact Fees. B. Balance of Housing Needs and Public Service Needs Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. The development will provide for a variety of housing types from single family detached homes to attached single-family and multiple-family housing and will provide low and moderate priced housing consistent with regional goals. C. Opportunities for Natural Heating and Cooling Incorporated The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. D. Finding regarding Suitability for Residential Development The Village Five site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. SECTION 5. Tentative Map Findings In Support Of Approval Of The Tentative Map Pursuant to Government Code Section 66474 (a) in the Subdivision Map Act, the tentative subdivision map for the McMillin Companies properties in 0tay Ranch SPA One, Chula Vista Tract 98-04, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan based on the following: Resolution 19034 Page 5 A. Public Facilities McMillin Companies has filed a tentative map that is consistent with the SPA One Plan including the school and park locations. SECTION 6. Approval of Tentative Subdivision Map The City Council does hereby approve, subject to the following conditions, as Exhibit A attached hereto and incorporated herein by this reference, the Project tentative subdivision map for only McMillin Companies Village Five core of the Otay Ranch SPA One, Chula Vista Tract 98-04, based upon the findings and determinations on the record for the project. SECTION 7. Adoption of Addendure The City Council does hereby adopt the Fourth Addendure to the Final EIR 95-01. SECTION 8. Notice of Determination City Council directs the Environmental Review Coordinator to post a Notice of Determination for the project and file the same with the County Clerk. SECTION 9. Consequence of Failure of Conditions If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. SECTION 10. Invalidity; Automatic Revocation It is the intention of the City Council that its adoption of this Resolution is dependent upon the 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 a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: Robert A. Leiter .-//' ohn Kaheny ~ Planning Director ttorney Resolution 19034 Page 6 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 Sh ~~ ~ Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19034 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. ~utheiet, City Clerk q, t · IF