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HomeMy WebLinkAboutReso 1992-16854 NOT APPROVED RESOLUTION NO. 16854 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING A GENERAL DEVELOPMENT PLAN AND PRE-ZONING FOR THE SAN MIGUEL RANCH PROJECT WHEREAS, San Miguel Partners, hereafter referred to as "applicant", has submitted an application for a General Development Plan (Case ~ PCM g0-19) to be approved on approximately 2,590 acres, divided into two parcels of 1,852 acres and 738 acres, 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 including Mother Miguel Mountain within its boundaries; and, WHEREAS, the applicant has also submitted an application for a Pre-zoning of the property to the P-C {Planned Community) District {Case # PCZ gO-M); and, WHEREAS, the applicant's proposed General Development Plan is contained within a document entitled "San Miguel Ranch General Development Plan," dated December 16, lggl, and proposes the construction of 1,654 dwelling units and related commercial, parks, schools, on the project site; and, WHEREAS, a Draft Environmental Impact Report (Case # EIR-90-02), dated December lggl, was prepared for the proposed project; and, WHEREAS, the Draft Environmental Impact Report indicated that the following issues were significant and not mitigable for the proposed project: Land Use Landform/Visual Biology Air Quality; and, WHEREAS, the Draft Environmental Impact Report, was transmitted by 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 Environmental Impact Report was given 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, lg92; and, WHEREAS, the City Planning Commission held an public hearing and accepted public testimony on the draft Environmental Impact Report on February 5, 1992; and, WHEREAS, the Planning Commission held a publicly noticed workshop on April 1, lgg2 to further study the issue of this project's consistency with the General Plan; and, Resolution No. 16854 Page 2 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 Environmental Impact Report; and, WHEREAS, an Addendum was prepared to the Draft Environmental Impact Report which analyzed the "Modified Concept Plan" and the "Preservation Plan;" and, WHEREAS, a second addendum was prepared to the Draft Environmental Impact Report which also analyzed the "Modified Concept Plan" and includes an alternative finding for the issue of General Plan consistency and includes alternative mitigation measures for impacts to biology {which, however, do not change the finding of significance within the Draft EIR); and, WHEREAS, agency and public comments have been addressed in the Final Environmental Impact Report for the San Miguel Ranch project, dated September 1992; and, WHEREAS, the Planning Commission held a public hearing on the General Development Plan and considered the Final Environmental Impact Report 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 Parcel of the San Miguel Ranch property; and, WHEREAS, the Planning Commission held a continued public hearing on the General Development Plan and considered the Final Environmental Impact Report on October 19, 1992; and, WHEREAS, the Planning Commission did not certify the Final EIR {by a vote of 4 in favor, 1 opposed, and I abstaining) and recommended denial of the San Miguel Ranch General Develo ment Plan and pre-zoning (by a vote of 4 in favor, I opposed, and I abstainingl; and, WHEREAS, the applicant has filed an appeal of the Planning Commission's decisions on these matters. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: A. FINAL ENVIRONMENTAL IMPACT REPORT 1. The Final Environmental Im act Report, San Miguel Ranch General Development Plan (EIR 90-02I, dated September 1992, of: consists a. Final Environmental Impact Report {EIR 90-02) which contains 1} the Draft Environmental Impact Report, 2) Comments and Reso]ution No. Z6854 Page 3 Responses on the Draft EZR, 3) An addendum describing modifications to the applicant's proposed project (Hitigation Concept Plan), and 4) a second addnedum describing alternative findings for general plan consistency and alternative mitigation measures for impacts to biology (which, however, do not change the finding of significance within the Draft b. Appendices A through J to the Environmental Zmpact Report dated December, Z991. 2. The Final EZR has been reviewed and considered by the City Council of the City of Chula Vista. 3. The Final EZR reflects the independent judgment of the Chula Vista City Council. 4. The Final E[R does not adequately address the issues of transportation/access, land use, and biology. 5. The Final EZR is not certified by the City Council. B. APPEAL OF GENERAL DEVELOPHENT PLAN The appeal of applicant is denied regarding the P]anning Commission's denial of the General Development Plan, and the Planning Commission's decision shall remain in full force and effect. Presented by Approved as to form by Robert A. Leiter Bruce M. Boogaard Director of Planning City Attorney Resolution No. 16854 Page 4 NOT PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of October, 1992, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk