HomeMy WebLinkAboutReso 1996-18416 RESOLUTION NO. 18416
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTAAPPROVING AN AGREEMENT FOR IMPLEMENTATION OF
THE OTAY RANCH PHASE 2 RESOURCE MANAGEMENT PLAN
AS IT RELATED TO THE CONVEYANCE OF LAND TO THE OTAY
RANCH PRESERVE OWNER/MANAGER ATTENDANCE TO OTAY
RANCH SPA ONE
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, on October 28, 1993, the Chula Vista City Council, pursuant to Resolution
No. 17298, and in accordance with the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et seq.), certified the Final Program Environmental Impact Report for
the GP, SCH #9010154 ("Program EIR 90-01" or "Program EIR"), made certain Findings of
Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of
Overriding Considerations; 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/Manager; 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, the Statement of Overriding Considerations for 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 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, the Conveyance Plan adopted by the City of Chula Vista and the San Diego
County Board of Supervisors, requires that for every one acre of developable land within Otay
Ranch, the project applicant must convey 1.188 acres of preserve land to the Preserve
Owner/Manager as a condition of approval of each Final Map, or pay a fee-in-lieu thereof; and
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WHEREAS, on June 4, 1996, the City of Chula Vista enacted the Otay Ranch SPA One
Plan, including a SPA condition that development within SPA One convey land to the Preserve
Owner/Manager in compliance with the provisions of the Phase 2 RMP and the Otay Ranch
Preserve Conveyance Plan; and
WHEREAS, on May 14, 1996, the City Vista City Council, pursuant to Resolution No.
18284, and in accordance with CEQA, certified the SPA One Second-Tier Environmental
Impact Report and Addendum, SCH #95021012 ("FEIR 95-01" or "SPA One EIR"), made
certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted
a Statement of Overriding Considerations; and
WHEREAS, in accordance with the California Environmental Quality Act ("CEQA")
(Pub. Resources Code §21000 et seq.) the Otay Ranch General Development Plan ("GDP")
Program Environmental Impact Report, SCH #9010154 ("Program FIR 90-01" or "Program
EIR"), was prepared to analyze the significant environmental impacts of the GDP, as well as
mitigation measures and alternatives to lessen or avoid those significant environmental
impacts to the extent feasible; and
WHEREAS, on October 28, 1993, the Chula Vista City Council, pursuant to Resolution
No. 17298, and in accordance with CEQA certified the Otay Ranch GDP Final Program EIR,
made certain Findings of Fact, adopted a Mitigation Monitoring and Reporting Program, and
adopted a Statement of Overriding Considerations; and
WHEREAS, in reliance on the analysis in the Otay Ranch Program EIR, the Sectional
Planning Area One ("SPA One") Second-Tier Environmental Impact Report, SCH #95021012
("FEIR 95-01" or "SPA One EIR"), was prepared to analyze the significant environmental
impacts of SPA One, as well as mitigation measures and alternatives to lessen or avoid those
significant environmental impacts to the extent feasible; and
WHEREAS, on May 14, 1996, the Chula Vista City Council, pursuant to Resolution No.
18284, and in accordance with CEQA, certified the SPA One EIR, made certain Findings of
Fact, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of
Overriding Considerations; and
WHEREAS, the SPA One EIR incorporated the findings, conclusions, and mitigation
measures contained in the Otay Ranch GDP Program EIR, including those mitigation measures
relating to the creation of the 11,375-acre Resource Preserve; and
WHEREAS, the Phase I RMP, the Phase 2 RMP, the GDP, the Conveyance Plan, and
attendant environmental documentation rely upon implementation of the land plan and the
Resource Preserve System which concentrates development onto less sensitive and non-
sensitive land while preserving large interconnected areas of habitat; and
WHEREAS, the Resource Preserve not only mitigates environmental impacts caused
by the development of SPA One, but also mitigates impact caused by the construction of
public facilities outside of SPA One which are needed to serve SPA One; and
WHEREAS, Village Development and the City have executed a Pre-annexation
Development Agreement which compels Village Development to comply with all existing
Resolution 18416
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approvals including the GDP, Phase 1 RMP, Phase 2 RMP, and the Open Space Conveyance
Plan; and
WHEREAS, the SPA One Conditions of Approval No. 5 requires an agreement to
implement the GDP, Phase 1 and 2 RMP with the City prior to approval of the initial SPA One
Tentative Map.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL PASSED, APPROVED,
and ADOPTED the Agreement for Implementation of the Otay Ranch Phase 2 Resource
Management Plan as it relates to the conveyance of land to the Otay Ranch Preserve
Owner/Manager attendant to Otay Ranch SPA One. Said Agreement to be placed on file in
the City Clerk's Office to be known as Document No. CO96-209.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said Agreement for and on behalf of the City of Chula
Vista.
Presented by Approved as to form by
n, , ger Ann Y. Moore
i I Io Acting City Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of November, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Rindone, and Hotton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
Shiny Horton, Mayor
ATTEST:
Beverly ~,. Authelet, City Clerk
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. 18416 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 19th day of
November, 1996.
Executed this 19th day of November, 1996.
Beverly A/Authelet, City Clerk