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HomeMy WebLinkAboutReso 1996-18532 RESOLUTION NO. 18532 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTACERTIFYING THE FINALSUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR 95-04) FOR THE SAN MIGUEL RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA FOR THE SAN MIGUEL RANCH PROPERTY (GPA- 96-01 ); APPROVING AN AMENDMENT TO THE SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN (PCM-96-05); MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, Emerald Properties Corporation, hereafter referred to as "applicant", has submitted an application for a General Plan Amendment (Case//GPA-96-01) to be approved on the 2590.2 acre San Miguel Ranch property generally located north and east of Proctor Valley Road, south and east of the community of Sunnyside and southwest of San Miguel Mountain; and WHEREAS, the City staff has added certain recommended changes to the General Plan Amendment application which amends the General Plan Text and General Plan Diagram for the property, to which the applicant has agreed, said amendments being a part of this Resolution, and WHEREAS, the applicant has also submitted an application for an amendment to the San Miguel Ranch General Development Plan (Case/fPCM-96-05) for the San Miguel Ranch property which generally reflects the proposed amendments to the General Plan; and WHEREAS, a Draft Subsequent Environmental Impact Report (Case//SEIR-95-04), dated August, 1996, was prepared for the proposed project; and WHEREAS, the Draft Subsequent Environmental Impact Report indicated that the following issues were significant and not mitigable for the proposed project: Land Use LandformNisual Quality Parks, Recreation, and Open Space Air Quality; and WHEREAS, the Draft Subsequent Environmental Impact Report was transmitted to the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and WHEREAS, notice of the availability of the Draft Subsequent Environmental Impact Report was given as required by law; and WHEREAS, written comments from the public on the Draft Subsequent Environmental Impact Report were accepted from August 11, 1996 to October 9, 1996; and Resolution 18532 Page 2 WHEREAS, City Planning Commission held a duly called and noticed public hearing, accepted public testimony and closed the public comment period on the Draft Final Subsequent Environmental Impact Report on October 9, 1996; and WHEREAS, agency and public comments have been addressed in the Final Subsequent Environmental Impact Report; and WHEREAS, the Planning Commission held a duly called and noticed public hearing on the Subsequent Environmental Impact Report, the General Plan Amendment and the General Development Plan Amendment on November 20, 1996, and made certain recommendations regarding the project; and WHEREAS, the City Council held a duly called and noticed public hearing on December 17, 1996, regarding the Final Subsequent Environmental Impact Report, the General Plan Amendment and the General Development Plan Amendment; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve, and order as follows: A. FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SEIR) 1. The Final Subsequent Environmental Impact Report, San Miguel Ranch General Plan Amendment/General Development Plan Amendment (SEIR-95-04), dated August, 1996, consists of: a. Final Subsequent Environmental Impact Report (EIR-95-04, SCH #96051038) dated August, 1996, which contains 1) the Draft Subsequent Environmental Impact Report, and 2) Comments and Responses to Comments on the Draft SEIR. b. Appendices A through D to the Subsequent Environmental Impact Report dated August 1996. 2. The Final Subsequent Environmental Impact Report has been reviewed and considered by the City Council of the City of Chula Vista. 3. The Final Subsequent Environmental Impact Report reflects the independent judgement of the City Council of the City of Chula Vista. 4. The Final Subsequent Environmental Impact Report is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines, B. ADOPTION OF GENERAL PLAN AMENDMENT The City Council hereby adopts amendments to the Chula Vista General Plan to be considered in conjunction with the final selection by the State of California of the alignment of State Route-125, which impacts the property over which this Amendment concerns. This Amendment shall apply to two land use distribution alternatives, each dependent upon a separate route location chosen by the State. .... r [ m ~F Resolution 18532 Page 3 This General Plan Amendment shall assign and distribute residential land use densities for the San Miguel Ranch property and establish the location of sites for an Elementary School, a Community Park and a Retail Commercial center on the General Plan Diagram, which are presently indicated in nonspecific locations on the Diagram. This Amendment shall also apply to the General Plan Text relative to Chapter 14, Eastern Territories Plan. Both the amended General Plan Diagrams and Text are on file in the City Clerk's Office as Document No. CO96- 225. C. ADOPTION OF GENERAL DEVELOPMENT PLANS AND CONDITIONS OF APPROVAL The City Council hereby approves amendments to the San Miguel Ranch General Development Plan (GDP), entitled San Miguel Ranch Amended Proctor Valley General Development Plan, dated December, 1996 and San Miguel Ranch Amended Horseshoe Bend General Development Plan, dated December, 1996, both on file in the City Clerk's Office as Document No. CO96-226. This approval shall be subject to the conditions enumerated below, which shall be complied with prior to the approval of any Sectional Planning Area (SPA) plan for this project. Since the applicant has chosen to prepare two plans, one reflecting each alternative location of the proposed SR-125 Tollway, the plan which reflects the alternative route location chosen by the State of California shall be the plan on which SPA plans may be prepared. 1. The alternative GDP which reflects the route of SR-125 rejected by the State shall be null and void. 2. The applicant shall: a. Design a trail system to the satisfaction of the Directors of Parks and Recreation and Planning which is consistent with the policies of the Chula Vista General Plan and is in substantial conformance with the trail system indicated on the GDP figure providing project-associated trails to be located within the San Miguel Ranch property and which links to existing and planned trails in the area. b. Link the Community Park and the Elementary School by a trail/sidewalk system in a manner approved by the Directors of Parks and Recreation and Planning. c. Provide a minimum 3-acre private park within the area designated Medium Residential to be owned and operated by a homeowner's association established for the "Medium" area. d. Prepare a comprehensive buffer plan for the visual separation of the project and the existing and planned facilities of the San Diego Gas and Electric Company's Miguel Substation through measures such as landscaping, significant topographic variation, homesite orientation and other appropriate methods. e. Prepare a brush management plan which analyzes and reduces impacts related to placing homes in close proximity to large areas of natural vegetation. ' f. Prepare a Sectional Planning Area plan traffic analysis in the SEIR which: (1) Determines the existing and ultimate capacity and levels of service for the existing road network serving the project area. Resolution 18532 Page ,~ (2) Formulates a project phasing plan which is consistent with the phasing and financing of on- and off-site public street facilities as a component of the Public Facilities Financing Plan as required by the SPA regulations. (3) Determines the types and phasing of interim on-site and off-site street facilities should SR-125 not be constructed before or concurrent with the proposed construction of the project. (4) Determines the types and locations of off-site street facilities required to provide appropriate access to the Sweetwater Valley. (5) Determines impacts of the entire project at a maximum dwelling unit buildout on the levels of service for the existing and planned road network serving the project area. g. Receive approval, if required, of an amendment to the County of San Diego General Plan Circulation Element, or other action acceptable to the County, which provides for off-site access to the Sweetwater Valley from the project. 3. A technical committee consisting of appropriate staff from the City Engineering and Planning Departments and the County Departments of Public Works and Planning and Land Use shall be established to provide input to the SPA-level study of area-wide transportation planning concerns. 4. The dwelling unit totals of 1432 units for the Proctor Valley Plan and 1394 units for the Horseshoe Bend Plan are approved in principle. The ultimate total, resulting from more specific SPA and Tentative Map planning and site analysis, may require a reduction in these numbers. Actual development entitlements shall also be predicated upon the availability of public services and sufficient capacity of the area road network as determined by the traffic analysis required in Condition 2f. 5. The density of the area designated Medium Residential shall not exceed seven dwelling units per gross acre. 6. The minimum net lot size in the area designated LM-1 shall be 7,000 square feet in conformance with the clustering provisions of Section 6.3 of the General Plan. 7. A minimum of 50 percent of the lots west of the proposed SR-125 alignment on the Horseshoe Bend Plan or a minimum of 50 percent of the lots west of the diagonal SDG&E right-of-way on the Proctor Valley Plan shall be improved to the Residential Estates Zone standards in order to maintain a balance of at least 50 percent of all lots in the western area of the project as estate-sized lots in the vicinity of the Bonita/Sunnyside community. 8. Environmental review shall be accomplished for annexation of any lands which will be annexed to the City in conjunction with the annexation of the San Miguel Ranch property. This condition may be waived only if (1) the Subarea Plan of the Multiple Species Conservation Program (MSCP) precludes any development of the North Parcel, o_r (2) the Wildlife Agencies purchase the area of the North Parcel on which the General Plan designates that development may occur or (3) it is determined by the Chula Vista City Council that given the eventual disposition of the North Parcel for ownership and maintenance purposes, either Resolution 18532 Page 5 though the MSCP or other means, it is not in the best interest of the City of Chula Vista to annex the North Parcel into its corporate boundaries. 9. The SPA plan shall define criteria by which the design of the project in the vicinity of Bonita/Sunnyside provides, to the extent feasible, the highest possible degree of compatibility between this community and the project. 10. The San Miguel Ranch Citizen's Advisory Committee, presently appointed and serving, shall continue to provide citizen input into the SPA plan and subsequent Tentative Map processes required by the previous resolution of approval (Resolution 17057). D. GENERAL PLAN AMENDMENT AND GENERAL DEVELOPMENT PLAN AMENDMENT FINDINGS Land Use Element: The amendments to the General Plan and General Development Plan provide a broader range of densities and housing opportunities in the easterly portion of the subject property adjacent to the Salt Creek developments, which have similar residential densities, while retaining the lower density areas presently indicated Low Residential on the General Plan near the semi-rural areas of the community of Sunnyside. The amendment more precisely locates the Neighborhood Commercial area, Elementary School and the Community Park, all of which are presently designated in "floating" locations on the General Plan diagram. "It Circulation Element: The Circulation system design included in the San Miguel Ranch General Development Plan provides for a four-lane collector road slightly to the south of the location depicted on the General Plan diagram and the Circulation Element. This more advantageous location removes it as a direct alignment with existing San Miguel Road in the unincorporated area to the north. In this manner, the interchange of San Miguel Road and State Route-125 shifts to the south and diminishes impacts to San Miguel Road between the interchange and Bonita Road. Trails and bicycle lanes required by the Circulation Element will be provided via the General Development Plan and subsequent Sectional Planning Area plan and Tentative Map. Public Facilities Element: The General Development Plan and implementing future Sectional Planning Area plan will provide the framework for the provision of master plans for water, wastewater, drainage/flood control, sewer and other systems as appropriate. Amendments to the General Plan and General Development Plan will not impact the provision and implementation of these plans. Housing Element: The Goals and Objectives of the San Miguel Ranch General Development Plan include the provision of a variety of housing types and low- and moderate-income housing for the project to implement the Housing Element of the General Plan. Growth Management Element: The Goals and Objectives of the San Miguel Ranch General Development Plan relative to the provision of public facilities and the phasing of development subject to their availability implement the Growth Management Element of the General Plan. ,l Before any construction may occur as a result of this General Plan Amendment and General Development Plan Amendment, a Public Facilities Financing Plan, a part of the Sectional Planning Area process, must first be prepared to insure that all public facilities are available concurrent with need as required by the General Plan. Resolution 18532 Page 6 Parks and Recreation Element: The General Development Plan provides the Community Park, recreational trails and open space required by the General Plan for the subject property. Safety Element: No geologic hazards have been identified for the subject property although all development resulting from this General Plan Amendment and General Development Plan Amendment must conform with recommendations of a qualified engineering geologist. The implementing Sectional Planning Area plan will provide brush management and fuel modification requirements for fire safety. Noise Element: The Noise Element of the General Plan requires that the City enforce regulations related to noise from traffic and conflicting land uses. The General Development Plan and future implementing Sectional Planning Area plan will mitigate noise as required by the measures indicated in the Subsequent Environmental Impact Report. E. CEQA FINDINGS, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS 1. Adoption of Findings. 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 "Candidate Findings of Fact"' (Document Number CO96-223 on file in the City Clerk's Office). 2. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in SEIR 95-04 and in the Candidate Findings of Fact, the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible in the above referenced documents, are feasible, and will become binding upon the entity (such as the project proponent, the City, or the School district) assigned thereby to implement same. 3. Infeasibility of Alternatives As is also noted in the above referenced environmental documents described in the above subparagraph 2, each of the alternatives to the project which were identified as potentially feasible in SEIR-95o04 are found not to be feasible since they could not meet both the objectives of the Project and avoid the identified significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. 4. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program ("Program") incorporated in the SEIR Section 6.0. The Council hereby finds that the Program is designed to ensure that during project implementation the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Candidate Findings if Fact and the Program. Resolution 18532 Page 7 5. Statement of Overriding Considerations 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 Guideline Section 15093, a Statement of Overriding Considerations (Document No. CO96-224 on file in the City Clerk's Office), identifyin9 the specific economic, social, and other considerations that render the unavoidable significant adverse effects acceptable. F. NOTICE OF DETERMINATION The Environmental Review Coordinator of the City of Chula Vista is directed, after City Council approval of this project, to insure that a Notice of Determination is filed with the County Clerk of the County of San Diego. G. 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 initi0. H. ONE GENERAL PLAN AMENDMENT It is the intention of the City Council that its action on the San Miguel Ranch by this Resolution and its action on the General Plan Amendment for the companion item Mother Miguel Estates be and is one General Plan Amendment for the purposes of the State Law limitation on the number of allowable General Plan Amendments in one year. Presented by Approved as to form by Robert A. Leiter o~yA,'l. Kaheny ~ Director of Planning ttorney "t r · 3I F Resolution 18532 Page 8 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 1996, by the following vote: AYES: Councilmembers: Moot, Padilia, Rindone, and Sales NAYES: Councilmembers: Horton ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None /H'~/~ayor ATTEST: ~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. 18532 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of December, 1996. Executed this 17th day of December, 1996. ~Authelet, City Clerk