HomeMy WebLinkAboutReso 1992-16898 RESOLUTION NO. 16898
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE AIR QUALITY IMPROVEMENT PLAN AND
WATER CONSERVATION PLAN FOR EASTLAKE GREENS SPECIFIED
PLANNING AREA
WHEREAS, the property which is the subject matter of this resolution is
commonly known as EastLake Greens SPA ("Property"); and,
WHEREAS, the EastLake Development Company filed a duly verified application
for an Air Quality Improvement Plan, known as document number C092-175, and Water
Conservation Plan, known as document number C092-176, ("Plans"), copies of which
are on file in the office of the City Clerk, for EastLake Greens SPA with the
Planning Department of the City of Chula Vista on November 6, 1992; and,
WHEREAS, said application requested the review and approval of the subject
Plans; and,
WHEREAS, the development of the Property has been the subject matter of a
General Plan Amendment, Pre-Zone, and General Development Plan {"GPA"} previously
approved by the City Council on August 24, 1982 by Resolution No. 10996 ("GPA
Resolution") wherein the City Council, in the environmental evaluation of said
GPA, relied in part on the EastLake Final Environmental Impact Report No. 81-03,
SCH No. 80121007 {"Program EIR 81-03"}, a program environmental impact report as
same is defined in CEQA Guideline Section 15168; and,
WHEREAS, the development of the Property has been the subject matter of a
second General Development Plan, Sectional Planning Area Plan and Tentative
Subdivision Map ("PCS-88-O3"){"SPA Plan"} previously approved by the City Council
on July 18, 1989 by Resolution Nos. 15198-15200 ("SPA Plan Resolution") wherein
the City Council, in the environmental evaluation of said SPA Plan, relied in
part on the "EastLake Greens Sectional Planning Area (SPA) Plan and EastLake
Trails Pre-Zone and Annexation Final Supplemental Environmental Impact Report No.
86-04", SCH No. 86052803 ("FSEIR 86-04"); and,
WHEREAS, the development of the Property has been the subject matter of an
EastLake II General Development Plan Amendment, and SPA Plan Amendment ("Density
Transfer" PCM-g2-03) previously approved by the City Council on May 19,1992 by
Resolution Nos. 16628 and 16629 ("Density Transfer Resolution") wherein the City
Council, in the environmental evaluation of said Density Transfer, relied in part
on the Negative Declaration for IS-92-04, ("Neg. Dec."); and,
WHEREAS, the City Environmental Review Coordinator has reviewed the
proposed Air Quality Improvement Plan and Water Conservation Plan and determined
that they are in substantial conformance with EIR-81-03, FSEIR-86-04 and the
Negative Declaration for IS-92-04, therefore no new environmental documents are
necessary.
Resolution No. 16898
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. Air Quality Improvement Plan and Water Conservation Plan
Approved.
The City Council hereby finds that the Air Quality Improvement
Plan and Water Conservation Plan for EastLake Greens Specified
Planning Area conforms with and implements the Growth Management
Element of the General Plan and Chapter 19.09, Growth Management,
of the Municipal Code. Therefore, the City Council approves the
Plans as activities that will contribute to the improvement of
regional air quality and will conserve water.
SECTION 2. CEQA Finding re Previously Examined Effects.
The City Council hereby finds that the Plans, as later activities
to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the
Negative Declaration for IS-g2-04 would have no new effects that
were not examined in the preceding documents {Guideline 15168
SECTION 3. CEQA Finding regarding Plans Within Scope of Prior EIR's and
Negative Declarations.
The City Council hereby finds that {1) there were no changes in
EastLake Greens SPA from the Program EIR, the FSEIR and the
Negative Declaration which would require revisions of said
reports; (2) no substantial changes have occurred with respect to
the circumstances under which the SPA Plan is being implemented
since the previous reports; and (3) no new information of
substantial importance to the SPA Plan has become available since
the issuance and approval of the prior reports; and that
therefore, no new effects could occur and no new mitigation
measures will be required in addition to those already in
existence and currently required for implementation. Therefore,
the City Council approves the Plans as activities that are within
the scope of the project covered by the Program EIR, FSEIR and
the Negative Declaration, and therefore, no new environmental
documents are required {Guideline 15168{c}{2)).
SECTION 4. Incorporation of All Feasible Mitigation Measures and
Alternatives.
The City Council does hereby adopt and incorporate herein as
conditions for all approvals herein granted all mitigation
measures and alternatives, if any, which it has determined, by
the findings made in the GPA Resolution, the SPA Resolution, and
the Density Transfer Resolution, to be feasible in the approval
Resolution No. 16898
Page 3
of the General Development Plan, the SPA Plan, and the Density
Transfer, respectively.
SECTION 5. Notice with Later Activities.
The City Council does hereby give notice, to the extent required
by law, that this Plans are activities within the scope of the
program approved earlier in the GPA Resolution, the SPA Plan
Resolution, and the Density Transfer Resolution, and the Program
EIR, FSEIR, and the Negative Declaration adequately describe the
activity for the purposes of CEQA { uideline 15168
SECTION 6. General Plan Findings--Conformance to the General Plan.
Pursuant to Chapter 19.0g, Growth Management, of the Municipal
Code, finds that the Air Quality Improvement Plan and Water
Conservation Plan are in conformance with all the various
elements of the City's General Plan, the EastLake Greens General
Development Plan and Sectional Planning Area Plan based on the
following:
a. Growth Management - The adoption of PCM-93-06 implements
Objectives and Policy Areas related to Public Facilities
and Services and Regional Growth Management. Further,
these Plans implement Section 5.0 Growth Management
Action Programs of this Element.
b. Conservation - The adoption of EIR-81-03, FSEIR-86-04 and
the Negative Declaration for IS-g2-04 satisfy the goals and
policies of the Conservation Element of the General Plan in
that mitigation measures listed in the forgoing documents
required to be implemented under these Plans.
SECTION 7. Conditional Approval of the Air Quality Improvement Plan and
Water Conservation Plan.
The City Council does hereby approve, subject to the mitigation
measures stated in each respective Plan. Unless otherwise
specified, all mitigation measures shall be fully completed to
the City's satisfaction.
SECTION 8. CEQA Findings.
The City Council hereby finds that the Plans, as later activities
to that evaluated in the Program EIR 81-03, FSEIR 86-04, and the
Negative Declaration for IS-g2-04, would have no new effects that
were not examined in the preceding documents (Guideline 15168
(c) (1)).
Resolution No. 16898
Page 4
a. Re-adoption of Findings The Council does hereby re-
approve, accept as its own, and re-incorporate as if set
forth full herein, and make each and every one of the CEQA
Findings as found in the Program EIR 81-03, FSEIR 86-04,
and the Negative Declaration for IS-92-04.
b. Feasibility of Alternatives As is also noted in the
environmental documents referenced in the immediately
preceding paragraph, alternatives to the Project which were
identified as potentially feasible are hereby found not to
be feasible.
c. Adoption of Mitigation Monitoring Program - As required by
the Public Resources Code Section 21081.6, City Council
hereby re-adopts the Mitigation Monitoring and Reporting
Program {"Program") a copy of which is on file in the
office of the City Clerk. The City Council finds that 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.
d. Statement of Overriding Considerations - Even after the re-
adoption of all feasible mitigation measures, certain
significant or potentially significant environmental
affects caused by the project or cumulatively will remain.
Therefore, the City Council of the City of Chula Vista re-
issues, pursuant to CEQA Guidelines Section 15093, a
Statement of Overriding Considerations identifying the
specific economic, social, and other considerations that
render the unavoidable significant adverse environmental
effects still significant but acceptable.
SECTION 9. Notice of Determination.
City Council directs the Environmental Review Coordinator to post
a Notice of Determination and file the same with the County
Clerk.
Presented by A rov s
Robert A. Leiter e M. Boogaard
At
Director of Planning City torney
Resolution No. 16898
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 24th day of November, 1992, by the following vote:
YES: Councilmembers: Horton, Malcolm, Moore
NOES: Councilmembers: Nader
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
David L. Malcolm
Mayor, Pro-Tempore
ATTEST:
Beverly/A. 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. 16898 was duly passed, approved,
and adopted by the City Council held on the 24th day of November, 1992.
Executed this 24th day of November, 1992.
Beverly A2 Au(!h~et, City ~lerk