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HomeMy WebLinkAboutReso 1996-18533 RESOLUTION NO. 18533 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTACERTIFYING THE FINALSUBSEQUENT ENVIRONMENTAL IMPACT REPORT (FSEIR 94-04) FOR THE SAN MIGUEL RANCH PROJECT WHICH INCLUDE8 THE MOTHER MIGUEL ESTATE8 PROPERTY; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA FOR THE MOTHER MIGUEL ESTATES PROPERTY (GPA-96-02); 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, James H. AIgert and Billy R. Scott, hereafter referred to as "applicants", have submitted an application for a General Plan Amendment for approximately 10 acres of land, referred to as Mother Miguel Estates (Case #GPA-96-02), generally located adjacent to the north side of the south parcel of San Miguel Ranch and the south side of the San Diego Gas and Electric Company transmission facility, southwest of Mother Miguel Mountain; and WHEREAS, the applicant has also submitted an application for prezoning of the property to the PC Planned Community Zone (Case #PCM-96-05) in accordance with the prezoning previously established for the adjacent San Miguel Ranch property; and WHEREAS, a Draft Subsequent Environmental Impact Report (Case #SEIR-95-04), dated August, 1996, was prepared for the San Miguel Ranch, which also included the Mother Miguel Estates 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 WHEREAS, City Planning Commission held a duly called and noticed public hearing and accepted public testimony on the Draft Subsequent Environmental Impact Report on October 9. 1996; and Resolution 18533 Page 2 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 Prezoning 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 Subsequent Environmental Impact Report, the General Plan Amendment and the Prezone. 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 1. The Final Subsequent Environmental Impact Report, San Miguel Ranch General Plan Amendment/General Development Plan Amendment (SEIR-95-04), dated August, 1996, which also includes the Mother Miguel Estates project, consists of: 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. 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 (and addendum thereto) reflects the independent judgemerit of the City Council of the City of Chula Vista. 4. The Final Subsequent Environmental Impact Report (and Addendum thereto) is hereby certified by the City Council to have been completed in compliance with the California Environmental Quality Act and all applicable guidelines. B. GENERAL PLAN AMENDMENT FINDINGS Land Use: The amendment to the General Plan provides the land use category which is the same as that proposed for the adjacent San Miguel Ranch. Circulation: The property would take access from a local street emanating from the Mt. Miguel Road, a proposed four-land collector street with access to future SR-125. Public Facilities: The General Development Plan for the San Miguel Ranch project 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. The amendment to the General Plan and companion prezoning for Mother Miguel Estates will benefit from the implementation of these plans. Housing: Because of its relatively small size, the provision of low- and moderate- income housing is not a requirement for the project. Resolution 18533 Page 3 Growth Management: The Goals and Objectives of the San Migue! 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. Before any construction may occur on the Mother Miguel Estates property as a result of this General Plan Amendment, a Public Facilities Financing Plan for the San Miguel Ranch must first be prepared to insure that all public facilities are available to serve the Mother Miguel Estates project concurrent with need as required by the General Plan, Parks and Recreation: The owners of the Mother Miguel Estates property will be will be required to pay Park Acquisition and Development fees to assist in the financing of park and recreation facilities in the area before development may occur, Safety Element: The geologic hazards have been identified for the subject property although all development resulting from this General Plan Amendment and Prezone must conform with recommendations of a qualified engineering geologist. Brush management and fuel modification requirements will be required as a condition of approval of any tentative subdivision map resulting from this General Plan Amendment and Prezone 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. No noise sources have been identified relative to this project. C. 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 No. CO96-227 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-95-04 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. Resolution 18533 Page 4 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. 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. C096-228 on file in the City Clerk's Office), identifying the specific economic, social, and other considerations that render the unavoidable significant adverse effects acceptable. D. 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. E. 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. F. ONE GENERAL PLAN AMENDMENT It is the intention of the City Council that its action on the Mother Miguel Estates project by this Resolution and its action on the companion item, San Miguel Ranch, 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 A7 Director of Planning Ji~torney Resolution 18533 Page 5 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, Salas, and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl~ Horton, Mayor ATTEST: Beverly AZ. 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. 18533 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. Beverly ~. Authelet, City Clerk