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HomeMy WebLinkAboutReso 1993-17308RESOLUTION NO. 17308 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIF¥ING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR 90-01) FOR THE OTAY RANCH PROJECT; AMENDING THE GENERAL PLAN OF THE CITY OF CHULA VISTA FOR THE 161 ACRE EASTLAKE LAND SWAP; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; READOPTING A MITIGATION MONITORING AND REPORTING PROGRAM; READOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS 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 EastLake Land Swap; and for the purpose of general description herein consists of approximately 161 acres (reconfigured from the original request for 169 acres) located south and west of the community of EastLake Greens ("Project Site") (For the purposes of this Resolution, the "Project Site" is part of the larger 23,068 acres of the Otay Ranch Project, previously considered); 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, E.P.) (representing the EastLake Development Company)("Developer") has applied to the City for approval of an Otay Ranch Project. 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 and 23,483 units (including approximately 161 acres identified as the EastLake Land Swap Parcels, the subject of this resolution). The EastLake Land Swap parcels consist of proposed residential and commercial General Plan land use designations and is a part of the Otay Ranch General Plan Amendment but is herein separately considered. A maximum of 924 residential units and commercial are proposed in addition to the 23,483 units on the balance of the Otay Ranch Project ("Project"); and, C. Application for Discretionary Approvals. WHEREAS, on September 8, 1989, the Developer filed applications for the whole Otay Ranch project with the City of Resolution No. 17308 Page 2 Chula Vista for (1) a General Plan Amendment (which included the 161 acre EastLake Land Swap Parcels)("GPA"), (2) a General Development Plan, with Supporting Documents ("GDP"), and (3) Prezoning (the GDP and Prezoning apply to the balance of the Otay Ranch, but not to the Project, 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, May 8, May 12, 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 12 (focused consideration of EastLake Land Swap Portion of the Otay Ranch GPA), 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, including the Project subject to certain conditions; and, 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, October 28, and November 16, 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, Resolution No. 17308 Page 3 NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista City Council does hereby find, determine, resolve and order as follows: II. 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 lg, 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 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 12, 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, 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 on file in the office of the City Clerk and incorporated herein by this reference, prior to approving the Project. ................ 'T " m'l "' Resolution No. 17308 Page 4 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 judgment of the City of Chula Vista City Council. VII. Conditional Approval of General Plan Amendment. The Chula Vista General Plan Land Use diagram is amended as set forth in Attachment A hereto, incorporated by this reference, subject to the General Conditions hereinbelow set forth. VIII. 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. Implement Mitigation Measures. Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the FPEIR that are found by this resolution to be feasible. c. Implement the Mitigation Monitoring and Reporting Program. Developer shall implement, or cause the implementation of, all portions of the Otay Ranch Project Mitigation Monitoring and Reporting Program pertaining to the Project. IX. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, Resolution No. 17308 Page 5 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. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Readoption of Findings. The City Council does hereby reapprove, 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 significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said Candidate Findings of Fact. D. Readoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby readopts 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 Resolution No. 17308 Page 6 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 reissues, 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. XI. 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. XII. 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. XIII. One General Plan Amendment It is the intention of the City Council that its action on the EastLake Land Swap parcels, by its action on this Resolution, and its action on the General Plan Amendment for the balance of the companion Otay Ranch Project, and its action on the EastLake Greens GPA (GPA-93- 04) 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 / ~Bruce Boogaard City Attorney Resolution No. 17308 Page 7 ATTACHIV[Eh!I' A Resolution No. 17308 Page 8 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of December, 1993, by the following vote: YES: Councilmembers: Horton, Moore, Rindone NOES: Councilmembers: Fox, Nader ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Vicki C. Soderquist, D~,ty City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Vicki C. Soderquist, Deputy City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17308 was duly passed, approved, and adopted by the City Council at a meeting of the Chula Vista City Council held on the 14th day of December, 1993. Executed this 14th day of December, 1993. Vicki C. Soderquist, D t Clerk eIl~,Y City