HomeMy WebLinkAboutReso 2002-176 RESOLUTION NO. 2002-176
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
EASTLAKE III SECTIONAL PLANNING AREA PLAN TO
INCORPORATE SECTION II.8 WATER CONSERVATION
PLAN
WHEREAS, the property which is the subject matter of this resolution is identified in
Exhibit "A", attached, and is commonly known as EastLake III; and
WHEREAS, on April 3, 2001, the City Council approved an agreement between the City
of Chula Vista and Bahman Sheikh, Ph.D., P.E., for the preparation of reports and analyses of
water conservation measures for three development projects; and
WHEREAS, the property owners of the three development projects, including EastLake
III Sectional Planning Area (SPA) Plan agreed to participate in a pilot study program to develop
and implement new water conservation measures; and
WHEREAS, when the EastLake III SPA Plan was adopted there was no Water
Conservation Plan included, pending the results of the pilot study program; and
WHEREAS, a report containing analyses of water conservation measures and the results
of the pilot study program was prepared by Bahman Shiekh, Ph.D., P.E, entitled, "Water Use
Efficiency: Strategies for Proposed Residential Developments, April 10, 2002," and a copy shall
be kept on file with the City Clerk; and
WHEREAS, the water conservation report and pilot study program provided necessary
information for staff to use in developing guidelines for the preparation of future water
conservation plans; and
WHEREAS, a Water Conservation Plan has now been prepared for inclusion in the
EastLake III SPA Plan consistent with the outcomes of the water conservation pilot study
program; and
WHEREAS, an application (PCM 02-14) to amend the EastLake III SPA Plan was filed
by the City of Chula Vista Planning Division with the consent of the property owner; and
WHEREAS, the City of Chula Vista Planning Division requests an amendment to the
EastLake III SPA Plan to incorporate the Eastlake III Section II.8 Water Conservation Plan dated
April, 2002 ("Water Conservation Plan") into the SPA document to fulfill the objectives of the
pilot study program and the requirements of the City's Growth Management Program
(hereinafter referred to as Project); and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in the previously adopted EastLake III Woods and
Vistas Replanning Program Environmental Impact Report (EIR) 01-01, thus no further
environmental review is necessary; and
Resolution 2002-176
Page 2
WHEREAS, the amendment to the EastLake III SPA Plan conforms to the policies found
in the Chula Vista General Plan and the EastLake General Development Plan; and
WHEREAS, the Planning Commission set the time and place for a heating on said
amendment to EastLake III SPA Plan (PCM-02-14) and notice of said heating, together with its
purpose, was given by its publication in a newspaper of general circulation in the city and its
mailing to property owners and tenants within 500 feet of the exterior boundaries of the property
at least 10 days prior to the heating; and
WHEREAS, the public hearing was held at the time and place as advertised, namely 6:00
p.m., May 8, 2002, in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said public heating was thereafter closed; and
WHEREAS, by a vote of 5-0 the Planning Commission recommended that the City
Council approve the amendment; and
WHEREAS, a public heating was scheduled before the City Council of the City of Chula
Vista to consider an amendment to the EastLake III SPA Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on May 8, 2002, and the minutes and resolutions resulting there from, are
hereby incorporated into the record of this proceeding. These documents, along with any
documents submitted to the decision makers, shall comprise the entire record of the proceedings
for any CEQA claims.
II. ACTION
The City Council hereby accepts the Water Use Efficiency: Strategies for Proposed
Residential Developments, April 10, 2002 report prepared for the City by Bahman Sheikh Ph.D.,
P.E., and directs staff to draf~ Water Conservation Plan Guidelines.
III. COMPLIANCE WITH CEQA
The City Council hereby finds that the Project, as described and analyzed in the EastLake
III Woods and Vistas Replanning Program EIR 01-01, would have no new effects that were not
examined in said EIR (Guideline 15168 (c)(2)).
IV. CEQA FINDING REGARDiNG PROJECT WITHIN SCOPE OF PRIOR EIR
The City Council hereby finds that: (1) there were no changes in the Project from EIR 01-
01 which would require revisions of said environmental report; (2) no substantial changes have
occurred with respect to the circumstances under which the Project is undertaken since the
Resolution 2002-176
Page 3
previous environmental report; and (3) no new information of substantial importance to the
Project has become available since the issuance and approval of the prior environmental report;
and that, therefore, no new effects could occur or no new mitigation measures will be required in
addition to those already in existence and made a condition for Project implementation.
Therefore, the City Council approves the Project as an activity that is within the scope of the
project covered by EIR 01-01.
V. CONSISTENCY WITH THE GENERAL PLAN
The City Council hereby finds that the proposed Project is consistent with the General
Plan based on the following findings:
A. THE PROPOSED PROJECT IS IN CONFORMITY WITH THE CHULA
VISTA GENERAL PLAN.
The Project, which is intended to implement the requirements of the Growth
Management Ordinance that requires a Water Conservation Plan be prepared for all major
development projects (50 dwelling units or greater) as a part of the SPA Plan is consistent with
the EastLake General Development Plan and Chula Vista General Plan in that goals and policies
in both documents allow for such provision of Water Conservation Plans.
B. THE PROPOSED PROJECT WILL NOT ADVERSELY AFFECT ADJACENT
LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL
QUALITY.
The Project does not involve changes to planned land use or circulation patterns. The
Project will enhance the environmental quality of the development through the implementation
of water conservation measures.
VI. APPROVAL OF AMENDMENT TO THE EASTLAKE III SPA PLAN
The City Council does hereby approve this amendment to the EastLake III SPA Plan to
incorporate the Water Conservation Program into the SPA document on file at the City Clerk's
Office based upon the findings and determinations on the record for this Project.
VII. CONSEQUENCES OF FAILURE OF CONDITIONS
Developer agrees to implement the three indoor and three outdoor water conservation
measures outlined in the Water Conservation Program. If any of the foregoing conditions fail to
occur, or 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, revoke or further condition
issuance of all future building permits issued under the authority of the approvals herein granted,
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
Resolution 2002-176
Page 4
Presented by Approved as to form by
Robert Leiter Jo~. Kaheny ~
Planning and Building Director ~/jt-5~ Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of May, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
~--I~irley Horto~,' Mayor
ATTEST:
Donna Non'is, Assistant City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna Norris, Assistant City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2002-176 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 28th day of May, 2002.
Executed this 28th day of May, 2002.
Donna Norris, Assistant City Clerk
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) APPLICANT: CITY OF CHUL~ VISTA [PROJSCT DESCRIPTTON:
~R~ECT NDMENT
ADDRESS: OTAY LAKES ROAD Request: Amendment to Eastlake Ill SPA Plan to incorporate -
SCALE: F LE NUMBER: the Water Conservation Plan.
NORTH No Scale PCM-02-14
· \DAIFIL~-~\Iocators\PCM0214.cdr 04/12/02