HomeMy WebLinkAboutReso 1993-17049 RESOLUTION NO. 17049
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT
REPORT (FPEIR-90-2) OR THE SAN MIGUEL RANCH PROJECT,
APPROVING THE SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN
(PCM 93-14), 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, San Miguel Partners, hereafter referred to as "applicant",
submitted an application for a General Development Plan (Case # PCM 90-19) to be
approved on approximately 2,590 acres, divided into two parcels of 1,852 acres
("Northern Portion") and 738 acres ("Southern Portion"), and generally located
south and east of Sweetwater Reservoir, north of Proctor Valley Road, west of
Mount San Miguel, east of the Sweetwater Valley, and includin9 Mother Miguel
Mountain within its boundaries ("Project Site") as depicted on the map,
Attachment A, a copy of which is on file in the office of the City Clerk; and,
WHEREAS, the applicant also submitted an application for a Pre-zonin9 of
the Project Site to the P-C (Planned Community) District (Case # PCZ 90-M,
collectively, with the GDP, the "Project"); and,
WHEREAS, the applicant's proposed General Development Plan is contained
within a document entitled "San Miguel Ranch General Development Plan," dated
December 16, 1991 on file in the City Planning Department, and proposes the
construction of 1,654 dwelling units and related commercial, parks, schools, on
the Project Site; and,
WHEREAS, a Draft Program Environmental Impact Report (Draft PEIR 90-02),
dated December 1991 on file in the City Planning Department, was prepared for the
proposed Project; and,
WHEREAS, the Draft PEIR indicated that the following environmental aspects
were significant and not mitigable for the proposed Project: (1) Land Use; (2)
Landform/Visual; (3) Biology; (4) Air Quality; and,
WHEREAS, the Draft PEIR was transmitted by the City of Chula Vista, as lead
agency, to all concerned parties for review and comment on December 7, 1991; and,
WHEREAS, notice of the availability of the Draft PEIR was given on December
18, 1991 as required by law; and,
WHEREAS, written comments from the public on the draft Environmental Impact
Report were accepted from December 7, 1991 to February 5, 1992; and,
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Draft PEIR on February 5, 1992; and,
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Page 2
WHEREAS, based upon a dispute between the applicant and staff over the Land
Use Section of the Draft PEIR relating to General Plan Consistency, the Planning
Commission held a publicly noticed workshop on April 1, 1992 to further study the
issue of this Project's consistency with the General Plan; and,
WHEREAS, at the April 1, 1992 Planning Commission workshop, the applicant
introduced two new modified plan alternatives, labeled the "Modified Concept
Plan" and the "Preservation Plan;" and,
WHEREAS, subsequent to this meeting, the applicant refined the "Modified
Concept Plan," renamed it the "Mitigation Concept Plan," and submitted it as a
new Project alternative designed to respond to the public comments on the Draft
PEIR; and,
WHEREAS, an Addendum was prepared to the Draft PEIR which analyzed the
"Modified Concept Plan" and the "Preservation Plan;" and,
WHEREAS, a second addendum was prepared to the Draft PEIR which also
analyzed the "Modified Concept Plan" and included an alternative finding for the
issue of General Plan Consistency and included alternative mitigation measures
for impacts to biology (which, however, did not change the finding of
significance within the Draft PEIR); and,
WHEREAS, agency and public comments and staff responses thereto are
addressed in the Draft Final Program Environmental Impact Report (Draft FPEIR 90-
02) for the San Miguel Ranch Project, dated September 1992; and,
WHEREAS, the Planning Commission held a public hearing on the General
Development Plan and Pre-Zone and considered the Draft FPEIR on September 30,
1992; and,
WHEREAS, the Planning Commission continued the public hearing to October
19, 1992 in order for staff and the applicant to work on a mitigation plan for
biological impacts on the Northern Portion of the Project Site; and,
WHEREAS, the Planning Commission held a continued public hearing on the
General Development Plan and Pre-Zone and considered the Draft FPEIR on October
19, 1992; and,
WHEREAS, the Planning Commission did not certify the Draft FPEIR (by a vote
of 4 in favor, I opposed, and I abstaining) and recommended denial of the Project
(by a vote of 4 in favor, 1 opposed, and I abstaining); and,
WHEREAS, the City Council held a public hearing on the Project and
considered the Draft FPEIR on October 27, 1992; and,
WHEREAS, the City Council remanded the Project to the Planning Commission
for further analysis and review (by a vote of 5 in favor, 0 opposed); and,
WHEREAS, on December 16, 1992, the applicant withdrew the proposed Project
and on January26, 1993 submitted new applications for a General Development Plan
(Case # PCM 93-14) and Pre-Zone (Case # PCZ 93-H) on file in the City Planning
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Page 3
Department, hereinafter referred to as the "New Plan" (the revised Project); and,
WHEREAS, a Draft Supplement to Program Environmental Impact Report EIR 90-
02 (hereinafter referred to as "Draft Supplement") dated January 8,1993, on file
in in the City Planning Department was prepared to address the environmental
impacts of the "New Plan"; and,
WHEREAS, the Draft Supplement presented revised information and
environmental findings for the following environmental aspects: (1) Land Use;
(2) Landform/Visual; (3) Biology; (4) Traffic; (5) Parks & Recreation; and,
WHEREAS, the Draft Supplement was transmitted by the City of Chula Vista,
as lead agency, to all concerned parties for review and comment on January 8,
1993; and,
WHEREAS, notice of the availability of the Draft Supplement was given on
January 8,1993 as required by law; and,
WHEREAS, written comments from the public on the Draft Supplement were
accepted from January 8, 1993 to February 10, 1993; and,
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Draft Supplement on February 10, 1993; and,
WHEREAS, agency and public comments have been addressed in the Response to
Comments Section of the revised Draft Final Program Environmental Impact Report
90-02 (Addenda 1 and 2 deleted and replaced by the Draft Supplement, herafter
referred to as the "Revised Draft FPEIR"), dated March, 1993; and,
WHEREAS, the Planning Commission held a public hearing on the General
Development Plan and Pre-Zone ("New Plan") and considered the Revised Draft FPEIR
on March 3, 1993; and,
WHEREAS, the Planning Commission voted to certify the Revised Draft FPEIR
by a vote of 5 in favor, I opposed, and 0 abstaining, and recommend approval of
the "New Plan"Project (General Development Plan and Pre-Zone) by a vote of 6 in
favor, 0 opposed, and 0 abstaining).
NOW THEREFORE, THE CHULA VISTA CITY COUNCIL DOES HEREBY FIND, DETERMINE,
RESOLVE, AND ORDER AS FOLLOWS:
A. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on the Draft PEIR, on February 5, 1992, their
public hearings on the former Project (PCM 90-19, and PCZ 90-M) on
September 30, 1992 and October 19, 1992, their public hearing on the Draft
Supplement on February 10, 1993, and their public hearing on the revised
Project ("New Plan") on March 3, 1993, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this
proceeding.
I '1 ' IF
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Page 4
B. FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
1. The Final Program Environmental Impact Report 90-02 for the Project
consists of:
a. 1) the Draft Program Environmental Impact Report, issue date
December, 1991, 2) Comments and Responses to Comments on Draft
PEIR, 3} the Draft Supplement dated January 8, 1993, and 4)
Comments and Responses to Comments on the Draft Supplement.
b. Appendices A through J to the Draft Program Environmental
Impact Report dated December, 1991.
2. The City Council of the City of Chula Vista has reviewed, analyzed,
and considered FPEIR 90-02, the environmental impacts therein
identified for the revised Project; the Candidate CEQA Findings
[Attachment B], known as document number C093-059, a copy of which
is on file in the office of the City Clerk, the proposed mitigation
measures contained therein, the Mitigation Monitoring and Reporting
Program [Attachment C], known as document number C093-060, a copy of
which is on file in the office of the City Clerk, and the Statement
of Overriding Considerations [Attachment D], known as document
number C093-061, a copy of which is on file in the office of the
City Clerk, prior to approving the Project.
3. The City Council does hereby find that FPEIR 90-02, the Candidate
CEQA Findings, the Mitigation Monitoring and Reporting Program, and
the Statement of Overriding Considerations are prepared in
accordance with requirements of the California Environmental Quality
Act, the State EIR Guidelines, and the Environmental Review
Procedures of the City of Chula Vista.
4. The City Council finds that FPEIR 90-02 reflects the independent
judgment of the Chula Vista City Council.
C. GENERAL DEVELOPMENT PLAN AND PLANNED COMMUNITY (P-C) ZONE FINDINGS
1. Pursuant to Section 19.48.020, the Chula Vista City Council finds
that processing of this General Development Plan as two separate
parcels, separated by lands owned by San Diego Gas & Electric, is
appropriate for the purposes of comprehensive planning, and that
therefore this application complies with Section 19.48.020
2. As to the Findings required by Section 19.48.050 set forth below,
the Chula Vista City Council makes the following Findings set forth
thereafter below, in approval of establishment of the P-C (Planned
Community) Zone (see related Ordinance proposed for concurrent
approval) and the General Development Plan, as contained in the New
Plan:
Resolution No. 17049
Page 5
a. The proposed development as described by the general
development plan is in conformity with the provision of the
Chula Vista General Plan.
This finding is met. The proposed development conforms to all
relevant sections of the General Plan, and proposes a density
of development consistent with the General Plan.
Specifically, the Project complies with certain Land Use
Element Sections as follows:
Section 4,1 -- Residential Density Categories -~ Low
Residential (0-3 du/ac). The applicant proposes at least 51%
of all lots in the Low Residential areas of the property to
meet the standards set forth in the R-E Residential Estates
Zone of the Chula Vista Zoning Ordinance (average lot size
20,000 sq. ft., minimum lot size 15,000 sq. ft.). Therefore
the Project meets the test of "rural and estate-type" lots
called for in the text. Furthermore, among the remaining 49%
of the proposed residential lots, the applicant proposes no
lots below the minimum size of 7,000 square feet for clustered
lot areas, pursuant to the General Plan language for the Low
Residential General Plan Category,
Section 6.2 -- Establishing Residential Densities Within the
Range. The applicant's proposed Project meets the tests
specified in the text for attainment of "mid-point" density.
However, the Project shall not contain any density transferred
from open space areas on the Northern Portion at a rate of one
dwelling unit per ten acres.
Section 6.3 -- Clustering of Residential Development, The
applicant's proposed clustered areas meet the three criteria
specified in the text for establishment of clustered
residential development.
Section 6.5 -- Hillside Development. The applicant has not
proposed the preservation of the Horseshoe Bend and Gobbler's
Knob landforms, because these landforms are not noted as
significant by the General Plan. Preservation of these
landforms and their use for housing would disrupt the overall
cohesivehess of the proposed Project, require movement of San
Miguel Ranch Road from its optimal alignment, and create
potential erosion problems due to the geological nature of
these proposed landforms. Therefore, the Hillside Development
Policies of the General Plan do not apply to these two
landforms. In other areas, the applicant proposes development
in conformance with the Hillside Development policies.
b. A planned community development can be initiated by
establishment of specific uses or sectional planning area
plans within two years of the establishment of the planned
community zone.
I I I[
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This finding is met. A Sectional Planning Area Plan for all
or portions of the Project can be established within two
years.
c. In the case of proposed residential development, that such
development will constitute a residential environment of
sustained desirability and stability; and that it will be in
harmony with or provide compatible variety to the character of
the surrounding area, and that the sites proposed for public
facilities, such as schools, playgrounds, and parks, are
adequate to serve the anticipated population and appear
acceptable to the public authorities having jurisdiction
thereof.
This finding is met. The proposed Project proposes a
desirable mix of clustered lots and estate lots which is
compatible with the surrounding areas. In particular, lots
conforming to the R-E Residential Estates Zone standards
{20,000 sq. ft. average, 15,000 sq. ft. minimum adjacent to
existing large lot residential development to the north and
west of the Southern Portion. The site proposed for public
facilities have been found to be acceptable to the public
authorities having jurisdiction thereof, and conform to sound
siting principles for such facilities.
d. In the case of proposed industrial and research uses, that
such development will be appropriate in area, location, and
over-all design to the purpose intended; that the design and
development standards are such as to create a research or
industrial environment of sustained desirability and
stability; and, that such development will meet performance
standards established by this title.
Due to the lack of proposed industrial and research uses, this
finding is not applicable to this Project.
e. In the case of institutional, recreational, and other similar
nonresidential uses, that such development will be appropriate
in area, location and over-all planning to the purpose
proposed, and that such surrounding areas are protected from
any adverse effects from such development.
This finding is met. All such uses are consistent with these
provisions.
f. The streets and thoroughfares proposed are suitable and
adequate to carry the anticipated traffic thereon.
This finding is met. All streets and thoroughfares which are
proposed both on-site and off-site meet City of Chula Vista
public road standards and traffic threshold standards. It
should be noted that a portion of San Miguel Road offsite to
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the west of this Project, which is necessary for Project
implementation, is currently within the County unincorporated
area and is designated by the County General Plan as a two-
lane light collector. Approval of a County General Plan
Amendment, or annexation of the area through which San Miguel
Road lies into the City of Chula Vista is required prior to
Project implementation.
g. Any proposed commercial development can be justified
economically at the location(s) proposed and will provide
adequate commercial facilities of the types needed at such
proposed location(s).
This finding is met. The proposed commercial area is
economically justifiable and will provide adequate commercial
facilities to serve the Project and surrounding areas.
h. The area surrounding said development can be planned and zoned
in coordination and substantial compatibility with said
development.
This finding is met. The surrounding area is mostly
designated as open space, or is already built out with
existing residential development. Several "out-parcels" in
the vicinity of the SDG&E San Miguel Substation can be
developed in coordination and substantial compatibility with
San Miguel Ranch.
D. GENERAL DEVELOPMENT PLAN CONDITIONAL APPROVAL
The City Council hereby approves the General Development Plan known as the
"New Plan", subject to the following conditions, which must be complied
with prior to approval of the first Sectional Planning Area (SPA) Plan for
this Project:
1. Prepare a runoff protection system plan for the Sweetwater Authority
which is approved by the Sweetwater Authority and the County
Department of Health Services.
2. Design a proposed trail system to the satisfaction of the Chula
Vista Parks & Recreation Department which is consistent with the
policies of the Chula Vista General Plan and which minimizes
location of trails within SDG&E easements.
3. Prepare a comprehensive buffer plan for visual separation from the
existing San Diego Gas & Electric Miguel Substation and expansion
area through measures such as landscaping, significant topography
variation, homesite orientation, and other appropriate methods.
4. Prepare a plan to address the means of providing the required amount
of affordable housing pursuant to the Housing Element of the Chula
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Vista General Plan for this Project.
5. Prepare a grading plan, site plan, and elevations for the proposed
interpretive center and conference center which relies primarily on
accommodating proposed structures and other developed areas to the
existing terrain.
6. Prepare in conjunction with the water service agency for the site a
plan for the location of appropriate potable water storage tanks for
the provision of drinking water at adequate pressure.
7. Submit for and obtain City Council approval of a mitigation plan for
biological impacts to the Northern Parcel in accordance with the
criteria set forth in the Supplement to the Environmental Impact
Report. If the Northern Parcel is subsequently dedicated as
permanent open space or included in a mitigation bank, then this
requirement shall be deemed satisfied.
8. Provide a brush management plan which analyzes and reduces impacts
related to placing homes in close proximity to large areas of
natural vegetation.
9. Receive approval of a General Plan Amendment to the San Diego County
Circulation Element from the County of San Diego, or other action
acceptable to the County, which provides for off-site access to the
west of the Project into the Sweetwater Valley.
10. Procure the completion of environmental review for annexation
purposes of any lands owned by San Diego Gas & Electric which will
be annexed to the city in conjunction with annexation of the San
Miguel Ranch property. The condition may be waived only if 1) the
approved South County Natural Communities Conservation Program
(NCCP) allows no development on the Northern Portion or the
applicant waives all development opportunities on the Northern
Portion, and 2} it is determined by the Chula Vista City Council
that given the eventual disposition of the Northern Portion for
ownership and maintenance purposes, either through the South County
Natural Communities Conservation Program or other means, it is not
in the best interests of the City of Chula Vista to annex the
Northern Portion into its corporate boundaries.
11. The dwelling unit total of 1,619 units shown in the General
Development Plan is approved in principle. The ultimate total,
resulting from more specific SPA planning and site analysis, may
require a reduction in this number. Specifically, the applicant has
presented plans for the Project which exceed the level of
specificity required at a General Development Plan level. Approval
of the General Development Plan does not constitute approval of more
detailed design features such as internal street patterns, lot
configurations, and open space arrangements, and these design
features are subject to further review and change. In addition,
selection of a route for SR-125 which is different from that shown
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Page 9
on the applicant's General Development Plan will result in
significant alterations to the proposed Project at the SPA level of
review. Deletion of all or some of the proposed units on the
Northern Portion will result in a conversion of all or part of
Planning Areas 4 and 7 to Estate Residential (20,000 sq. ft. average
lot size) areas in order to maintain a balance of at least 504 of
all lots within the Project as estate-size lots. This may reduce
the overall density of the Project by up to 120 units.
12. No subdivision map shall be submitted or received on any portion of
the site that is or may be within a SR-125 route alignment under
study until a final SR-125 route alignment is selected.
13. Establish a formalized citizen input process, in conjunction with
the City Planning Department for review of all Sectional Planning
Area (SPA) plans and subsequent discretionary permits. This process
shall include formation of an independent ad hoc citizen's advisory
committee, representing individuals and groups interested in and
concerned about the San Miguel Ranch project. The constituent group
representatives for the committee shall be approved in principal by
the City Council prior to committee formation. Staff is directed to
return to Council with a report regarding the committee makeup.
E. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
1. Adoption of Findings
The City Council does hereby approve and incorporate as if set forth
full herein, and make each and every one of the CEQA Findings,
Attachment B, known as document number C093-059, a copy of which is
on file in the office of the City Clerk.
2. Certain Mitigation Measures Feasible and Adopted
As is more fully identified and set forth in FPEIR 90-2 and the CEQA
Findings for this Project, the City Council hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section
15091, that those mitigation measures described in the above
referenced documents as feasible are feasible, and Adopts them and
makes them binding upon the appropriate entity such as the
Applicant, the City, or other special districts, which has to
implement these specific mitigation measures.
3. Infeasibility of Mitigation Measures
As set forth in the CEQA Findings attached hereto, the City Council
finds that the remainder of the proposed mitigation measures,
identified therein as infeasible, are in fact infeasible, for the
reasons set forth in said CEQA Findings.
Resolution No. 17049
Pa9e 10
4. Adoption of Mitigation Monitoring Program
As required by Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program,
Attachment C, known as document number C093-060. The City Council
finds 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.
5. Infeasibility of Alternatives
As set forth in the CEQA Findings attached hereto, the City Council
finds that none of the proposed Project Alternatives set forth in
the FPEIR feasibly substantially lessen or avoid the potentially
significant effects that will not be substantially lessened or
avoided by adoption of all feasible mitigation measures.
6. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures, certain
significant environmental effects caused by the Project will remain.
Therefore, the City Council of the City of Chula Vista issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Considerations, Attachment D, known as document number C093-061, a
copy of which is on file in the office of the City Clerk,
identifying the specific economic, social, and other considerations
that render the remaining unavoidable significant adverse
environmental effects acceptable.
7. Notice of Determination
The City Council directs the Environmental Review Coordinator to
post a Notice of Determination and file the same with the County
Clerk.
Presented by Approv to
Robert A. Leiter rd
Director of Planning City Attorney
Resolution No. 17049
Page 11
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of March, 1993, by the following vote:
YES: Councilmembers: Horton, Moore, Rindone
NOES: Councilmembers: Fox, Nader
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly A7 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. 17049 was duly passed, approved,
and adopted by the City Council held on the 23rd day of March, lg93.
Executed this 23rd day of March, 1993.
Beverly A~xAj~hele~, City erk
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