Loading...
HomeMy WebLinkAboutReso 1997-18613 RESOLUTION NO. 18613 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH NO. 95021012) AND FIRST AND SECOND ADDENDA, READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED TENTATIVE SUBDIVISION MAP FOR THE REMAINDER PORTION OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AND MAKING THE NECESSARY FINDINGS WHEREAS, the property which is the subject matter of this resolution is identified and described on Chula Vista Tract 96 04 and is commonly known as Otay Ranch Sectional Planning Area (SPA) One ("Property"); and WHEREAS, Village Development 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 96-04, with the Planning Department of the City of Chula Vista on December 6, 1995; and WHEREAS, Village Development filed a revised tentative subdivision map on August 9, 1996; and WHEREAS, the revised application requested the approval for the revised subdivision of approximately 819.6 acres located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment of SR-125 into 3,873 residential lots, 172.1 acres of open space, one 10-acre school site and one 10-acre school site proposed in a yet to be determined location for the area west of Paseo Ranchero, 28 acres of neighborhood parks, and 18.2 acres of community purpose facility lots; and WHEREAS, City staff has recommended that Phases 2A and 5 of Village 5 (Neighborhoods 28, 29, 30, 31 and 39) of the proposed tentative map owned by Village Development ("Project") be recommended for approval, as more specifically set forth in the staff report; 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, Environrnental Impact Report NO. 90-O1, 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 4, 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 No. 95021012 ("FEIR 95-01"); and Resolution 18613 Page 2 WHEREAS, this Project is a subsequent activity in the program of development environmentally eva~uated under Program EIR 90-01, FEIR 95-01, and addendum 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 Project and determined that they are in substantial conformance with the SPA Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the Project result in a substantial increase in severity in any environmental effects previously identified; therefore, only an a 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 July 10, 1996, and another advertised public hearing on the Project on August 14, 1996, at which time the Planning Commission voted to: (1) recertify FEIR 95-01; (2) re-adopt the Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program; and (3) 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, the majority of Village One, Phase 1 A, and a portion of Phase 2A of Village Five was approved by the City Council on November 19, 1996, and the remainder portion was continued to a date specific; and WHEREAS, a hearing on the Project was scheduled for January 7, 1997, and continued to February 4, 1997, continued again to March 4, 1997, and continued again to March 25, 1997, 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 Re Previously Examined Effects. The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, FEIR 95-O1, and addendurn thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and FEIR 95-01 (Guideline 15168 (c)(2)); and SECTION 2. CEQA Finding Re 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 I T · :11' Resolution 18613 Page 3 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, I=EIR, and a second Addendum has been prepared (Guidelines 15168(c)(2) and 15162(a)). SECTION 3. Incorporation of All Feasible Mitigation Measures and Alternatives. The City does hereby re-adopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01) and the SPA approval (95-01). SECTION 4. 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 and second addenda adequately describes and analyzes this project for the purposes of CEQA (Guideline 15168(e)). Notice on the SPA EIR was given on June 4, 1996. SECTION 5. 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 Development's portion of Phases 2A and 5 in Village Five as conditioned herein for Otay Ranch SPA One, Chula Vista Tract 96-04, 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 3.5 and 36.8 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 their fair share of a 25-acre (gross) community park through the payment of PAD fees. There are no neighborhood parks identified on site so the project will satisfy the PLDO requirement through the payment of PAD fees. 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. Resolution 18613 Page 4 Open Space. The Project provides 25.9 acres of open space, 4.8 percent of the total 540.7 acres recommended for approval. A program to preserve 83 percent of slopes greater than 25 percent 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 wit 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 Otay Water District's improvement requirements to provide terminal water storage for this Project, as well as other major projects in the eastern territories. 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 (::)range Avenue (Olympic Parkway). 11. Bicycle Routes. Bicycle paths are provided throughout the Project. 12. Public Buildings. The Project provides three elementary school sites and one high school site to serve the area. One elementary school site and the high school site will be off-site of the project. 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 multipie-family housing and will provide low and moderate priced housing consistent with regional goals. I I · ;11 ' Resolution 18613 Page 5 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 6. Conditional Approval of Tentative Subdivision Map. The City Council does hereby approve, subject to the Conditions of Approval known as Document No. C097-027 on file in the Office of the City Clerk and incorporated by this reference, the Project (revised tentative subdivision map for Phases 2A and 5 of Village 5 (Neighborhoods 28, 29, 30, 31 and 39) of the Otay Ranch SPA One, Chula Vista Tract 96-04 based upon the findings and determinations on the record for the Project. SECTION 7. CEQA Findings of Fact, Mitigation Monitoring Program and Statement of Overriding Considerations. A. Re-Adoption of Second Addendum. The City Council does hereby re-adopt the Second Addendum to the Final EIR 95-01 known as Document No. C097-027 on file in the Office of the City Clerk. B. Re-adoption of Findings of Fact. The Council does hereby re-approve, accept as its own and re-incorporate, as if set forth fully, and make each and every one of the Findings contained in the Findings of Fact known as Document No. CO96-056 on file in the Office of the City Clerk. C. Certain Mitigation Measures Feasible and Re-adopted. AS more fully identified and set forth in the Program EIR, FEIR, Addendum, and in the CI=QA I=indings for this Project, the Council hereby finds that, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, the mitigation measures described in the above referenced documents and adopted by the Council are feasible and will become binding upon the Applicant and its successors in interest, and the City is required to implement these mitigation measures. Resolution 18613 Page 6 D. Infeasibility of Alternatives. As is also described and comparatively analyzed in the EIRs (90-01 and 95-01 ) and the Findings adopted in each instance, alternatives to the Project, which were identified as potentially feasible, are hereby found not to be feasible, E. Readoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, City Council hereby re- adopts the Mitigation Monitoring and Reporting Program ("Program") known as Document No. CO96-057 on file in the Office of the City Clerk. The City Council finds that the Program is designed to ensure that, during the Project implementation and operation, the Applicant and other responsible parties implement the Project components and comply with the feasible mitigation measures identified in the Findings and in the Program. F. Statement of Overriding Considerations. Even after the re-adoption of all feasible mitigation measures, and any feasible alternatives, certain significant or potentially significant environmental affects caused by the Project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista re-adopts, pursuant to CEQA Guidelines Section 15093, known as Document No. CO96-058 on file in the Office of the City Clerk, a Statement of Overriding Considerations identifying the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable. 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 Resolution 18613 Page 7 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: Gerald J. Jamriska n M. - Special Planning Projects Manager ney I I 11' Resolution 18613 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of March, 1997, by the following vote: AYES: Councilmembers: Padilia, Rindone, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ~ ,~,~_, ~ey Horton, Mayor ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 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. 18613 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of March, 1997. Executed this 25th day of March, 1997. Beverly A.%uth~let, City Clerk