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HomeMy WebLinkAboutReso 1993-17298RESOLUTION NO. 17298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90-01) FOR THE OTAY RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA TO INCLUDE THE OTAY RANCH PROJECT AREA; APPROVING THE OTAY RANCH GENERAL DEVELOPMENT PLAN, INCLUDING A RESOURCE MANAGEMENT PLAN, A VILLAGE PHASING PLAN, FACILITY IMPLEMENTATION PLANS, AND A SERVICE/REVENUE PLAN; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND APPROVING A THREE PARTY AGREEMENT FOR INDEMNIFICATION, IMPLEMENTATION OF MITIGATION MEASURES, AND PAYMENT OF CERTAIN FEES Recitals. A. Project Site. WHEREAS, the area of land which is subject of this resolution is diagrammatically represented on Attachment A, attached hereto and incorporated herein by this reference; is commonly known as the Otay Ranch Project; and for the purpose of general description herein consists of approximately 23,068 acres located south of the rural community of Jamul, 2 miles north of the United States-Mexico border, abutting the western Chula Vista City limits, and the eastern boundary of which is generally State Route 94 ("Project Site") (For the purposes of this Resolution, the "Project Site" includes the three Eastlake landswap parcels, approximately 169 acres in size, and 390 acres within the jurisdiction of the City of San Diego); and, B. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Otay Vista Associates, L.P., (formerly known as the Baldwin Vista Associates, L.P.) ("Developer") has applied to the City for approval of an Otay Ranch Project (New Town Plan). The proposal has been modified throughout project review, resulting in the final project to develop a mixed use--residential, commercial and industrial-- community of approximately 23,068 acres, (including approximately 169 acres identified as the EastLake Land Swap Parcels (proposed residential and commercial General Plan land use designations) which acreage is part of the General Plan Amendment but will be separately considered), and allow a maximum of 23,483 dwelling units, all of which is more specifically described in Section 2.0 "Project Description" of the document Resolution No. 17298 Page 2 entitled "Candidate Findings of Fact", known as document number C093-226, a copy of which is on file in the office of the City Clerk, reference ("Project"). (References to the "Project" herein refer to the project description contained in the Candidate Findings of Fact, which takes precedence over any inconsistencies with other descriptions or references to the Project herein contained). An additional 891 units (maximum) would be allowed on the EastLake Land Swap Parcels; and, Memorandum of Understanding. WHEREAS, on August 1, 1989, the City Council, by Resolution No. 15220, adopted a Memorandum of Understanding (MOU) between the City of Chula Vista and the County of San Diego to establish a joint planning project approach and team for the processing of the Otay Ranch Project, including among others, a General Plan Amendment, General Development Plan, and Environmental Impact Report; and, WHEREAS, said MOU empowered an Interjurisdictional Task Force (ITF) to establish Goals, Objectives and Policies which would guide the preparation of various project alternatives for development of the Otay Ranch; and, WHEREAS, all the staff and Planning Commission preparation and recommendations regarding the Project have been made in accordance with said MOU, and this Resolution is being considered and acted upon concurrently with a similar one before the San Diego County Board of Supervisors; and, Application for Discretionary Approvals. WHEREAS, on September 8, 1989, the Developer filed applications with the City of Chula Vista for (1) a General Plan Amendment, (2) a General Development Plan, which General Development Plan includes the following Supporting plans: Resource Management, Village Phasing, Facility Implementation, and Service/Revenue Plans ("Supporting Plans") and (3) Prezoning (all of which applications may jointly be referred to herein as "Discretionary Approvals Applications"); and, Planning Commission Record on Applications. WHEREAS, a public hearing on the Discretionary Approvals Applications and/or the Draft PEIR was duly noticed before the Planning Commission at the meetings of April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, February 3, February 10, February 13, February 19, February 24, March 13, March 17, March 24, March 31, April 14, April 22, Resolution No. 17298 Page 3 May 8, May 13, May 18, and October 13, 1993; and, WHEREAS, the Planning Commission, at a public hearing held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, September 16, October 7, October 12, October 19, October 23, October 29, November 4, November 12, November 20, December 2, December 9, December 18, 1992 and January 15, January 27, January 29, February 3, February 10, February 13, February 19, February 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, May 18, and October 13, 1993, considered the Discretionary Approvals Applications, took evidence as set forth in the record of its proceedings, which are incorporated herein by reference as if set forth in full, made certain findings as set forth in their Recommending Resolution PCM-90-03, and recommended to the City Council the approval of said Discretionary Approvals Applications based on certain terms and conditions; and, F. City Council Record on Applications. WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on July 30, September 24, September 30, October 7, October 22, November 4, November 24, 1992, June 2, June 16, June 30, July 12, July 21, July 22, July 26, August 25, September 13, September 27, and October 28, 1993 on the Discretionary Approvals Applications, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, G. Discretionary Approval Ordinance. WHEREAS, at the same City Council meeting at which this Resolution is being considered, the City Council of the City of Chula Vista will also consider placing on first reading an ordinance, Ordinance No. 2578 by which they may approve the Prezoning of PC (Planned Community) zone for all or a portion of the Otay Ranch (22,509 acres-the Project Site of 22,899 acres less the 169 acre Eastlake Landswap Parcels and less the 390 acres within the City of San Diego) ("Discretionary Approvals Ordinance"), to be effective only upon annexation; NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby find, determine, resolve and order as follows: Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft PEIR, held on September 16, October 7, October 12, and October 19, 1992 and their public hearing on this Project held on April 29, May 15, May 16, May 22, May 29, June 17, July 31, August 19, September 11, October 23, October 29, November 4, November 12, November 20, December 2, December Resolution No. 17298 Page 4 9, December 18, 1992, and January 15, Ianuary 27, January 29, February 3, February 10, February 13, February 9, February 24, March 13, March 17, March 24, March 31, April 14, April 22, May 8, May 13, May 18, and October 13, 1993, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FPEIR Contents. The FPEIR consists of the following: "Final Pro ram Environmental Impact Report - Otay Ranch Project" (EIR 90-01t prepared by Ogden Environmental and Energy Services and dated December, 1992, SCH # 89010154 (two volumes), which contains the Draft Program Environmental Impact Report ("DPEIR") distribution date July 31, 1992, revised to reflect responses made to comments on the DPEIR and Addendum thereto dated October 8, 1993, known as document number C093-225, a copy of which is on file in the office of the City Clerk; and, B. Technical Reports to the Draft Program Environmental Impact Report (Appendices A, B and C, and Volumes I through IX); and, C. Comments and Responses to Comments to the DPEIR (all hereafter collectively referred to as "FPEIR 90-01"). IV. FPEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FPEIR 90-01, the environmental impacts therein identified for this Project; the Candidate Findings of Fact ("Findings" or "CEQA Findings") and the Statement of Overriding Considerations (Document Number C093-226), the Mitigation Monitoring and Reporting Program ("Program") (Document Number C093-227), both of which are incorporated herein by this reference, prior to approving the Project. Certification of Compliance with CEQA. The City Council does hereby find that FPEIR 90-01, the Candidate Findings of Fact, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations have been 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. VI. Independent Judgment of City Council. The City Council finds that FPEIR 90-01 reflects the independent Resolution No. 17298 Page 5 judgment of the City of Chula Vista City Council. VII. Conditional Approval of General Plan Amendments. The Chula Vista General Plan text and diagrams are amended as set forth in the document entitled "City of Chula Vista General Plan Amendments," and dated June 16, 1993 as further modified by the October 28, 1993 Modifications, known as document number C093-228, a copy of which is on file in the office of the City Clerk, are hereby approved, subject to the General Conditions hereinbelow set forth. VIII. Conditional Approval of the General Development Plan. The City Council does hereby approve the General Development Plan for the Otay Ranch Project (entitled the "Otay Ranch General Development Plan/Subregional Plan", dated October 5, 1992, and the October 28, 1993 Modifications thereto, known as document number C093- 229, a copy of which is on file in the office of the City Clerk, and both incorporated by this reference}, including the Supporting Documents, subject to the General Conditions hereinbelow set forth. Staff is authorized and directed to make all corrections and modifications to the Otay Ranch General Development Plan/Subregional Plan, including the Supporting Documents, as necessary to make them internally consistent and conform to City Council's final action on the Project. IX. General Conditions of Approval. The approval of the foregoing Discretionary Approvals Applications which are stated to be conditioned on "General Conditions" are hereby conditioned as follows: A. Project Site is Improved with Project. Developer, or their successors in interest, shall improve the Project Site with the Project as described in the FPEIR, except as modified by this Resolution. B. Discretionary Approvals Ordinance Becomes Effective. The Discretionary Approvals Ordinance, is introduced, adopted and becomes effective. C. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures identified in the FPEIR that are found by this resolution to be feasible. Resolution No. 17298 Page 6 Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, the Otay Ranch Project Mitigation Monitoring and Reporting Program. 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 or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy 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. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XI. Findings of Consistency with the General Plan. The City Council hereby finds that the Project, including but not limited to the adoption of the General Plan Amendment, and the General Development Plan, including the Supporting Documents, is and will be consistent with the general plan as amended by this Resolution based on the following: Land Use The General Development Plan consists of Goals, Objectives and Policies that provide for unique and new concepts to the City of Chula Vista. These include rural estate development areas with large lot development, the development of a community structured around a "village" concept, a resort development near the Lower Otay Reservoir and other features. The Amendments to the General Plan include new land use designations which provide for the above concepts, and include an expanded land use diagram which extends the City's General Plan boundary to the limits of the Otay Ranch. Circulation The circulation system design, included in the Otay Ranch General Development Plan, consists of a road hierarchy designed to provide for the following: (a) ensure that regional traffic is provided for both on and offsite, (b} major transportation corridors will not bisect individual villages thereby protecting a pedestrian-oriented development plan, and {c} provide residential streets designed to encourage the use of alternate modes of transportation other than the automobile, including golf Resolution No. 17298 Page 7 carts, bicycles and transit. Amendments to the General Plan include revising roadway segments on and offsite to accommodate expected local and regional traffic and to modify the Bicycle and Public Transit routes to incorporate the Otay Ranch planning area. Public Facilities The General Development Plan includes Facility Implementation Plans which provide a policy framework for the provision of master plans for Water, Wastewater, Drainage/Flood Control and other systems. Amendments to the General Plan provide for application of these policies to include the entire Otay Ranch. Housing Goals, Objectives and Policies contained within the General Development Plan such as the provision of a diverse range of housing styles, tenancy types and prices, the provision of Regional Share housing allocations, Fair Share housing provisions and special housing needs for the handicapped, and the elderly blend with the existing Goals of the City's General Plan. Growth Management The General Development Plan provides a policy framework that will ensure that public facilities be provided concurrent with need. A Village Phasing Plan for the Otay Ranch is provided as part of the GDP which must be updated along with the preparation of a Public Facilities Financing Plan, a Transportation Phasing Plan update, and an analysis on adherence to the facility threshold standards. Each is required in conjunction with each SPA plan. This is consistent with the Goals and Objectives of the City of Chula Vista's General Plan Growth Management Element and Program. Parks and Recreation The General Development Plan provides for local park land in accordance with current City park acquisition and development requirements and establishes policies which will result in a master parks plan at the next level of project review. This is consistent with the Goals, Objectives and Policies contained in the existing General Plan. Amendments to the General Plan assure that the parks and recreation policies of the GDP are consistent with the General Plan. Safety Element The General Development Plan provides Goals and Objectives and Policies addressing General Public Safety, Seismic Disturbances, Geologic Phenomena, Fire, Crime, Health Emergency, and Hazardous Resolution No. 17298 Page 8 Substances, and is consistent with the policies of the General Plan. Noise The General Development Plan addresses noise issues with Goals, Objectives and Policies that are consistent with the City of Chula Vista General Plan with the overall goal of promoting a quiet community and ensuring that residents are not adversely affected by noise. Eastern Territories The General Development Plan for the Otay Ranch provides a community design which incorporates many of the features currently contained in the Eastern Territories Plan portion of the existing General Plan, including a major regional commercial center, regional transit, a university, significant open space, local parks which are linked, and distinct neighborhood identities. Amendments to the General Plan expand the Eastern Territories planning area but also include many of the major features of the current General Plan. The General Plan Amendments assure consistency of the Project with the General Plan. XII. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. 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 C093-226). B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in FPEIR-90-01 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. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, each of the alternatives to the project which were identified as potentially feasible in FPEIR-90-01 are found not to be feasible since they could not meet both the objectives of the Project and avoid the identified Resolution No. 17298 Page 9 significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. 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") (Document Number C093-227). 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 of Fact and the Program. 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 Number C093-226), identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. XIII. Notice of Determination. The Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. XIV. 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. XV. One General Plan Amendment It is the intention of the City Council that its action on the Otay Ranch by this Resolution and its action on the General Plan Amendment for the companion item Eastlake landswap parcels be and is Resolution No. 17298 Page 10 one General Plan Amendment for the purposes of the state law limitation on the number of allowable General Plan Amendments in one year. XVI. Approval of Agreement. The City Council does hereby approve the Agreement for Indemnification, Implementation of Mitigation Measures, and Payment of Certain Fees, known as document number C093-230, a copy of which is on file in the office of the City Clerk, and directs the Mayor to execute said Agreement on behalf of the City. Presented by Robert A. Leiter Director of Planning Approved as to for~ by Bruce Boogaard City Attorney Resolution No. 17298 Page 11 ATTACH~I";-N~I' A OTAY RANCH LOCATOR MAP Resolution No. 17298 Page 12 BIFURCATED RESOLUTION (excluding Section XII (E) was PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of October, 1993, by the following vote: YES: Councilmembers: Fox, Hotton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None BIFURCATED SECTION XII (E) was PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of October, 1993, by the following vote: YES: NOES: ABSENT: ABSTAIN: Councilmembers: Councilmembers: Councilmembers: Councilmembers: Horton, Moore, Rindone Fox, Nader None None Tim Nader, Mayor ATTEST: ! , ', BeVerly A/~uthelet, ~ity 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. 17298 was duly passed, approved, and adopted by the City Council at a Special Joint Meeting of the Chula Vista City Council/San Diego County Board of Supervisors held on the 28th day of October, 1993. Executed this 28th day of October, 1993. Beverly A~ Authelet, City Clerk