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HomeMy WebLinkAboutReso 2002-177 RESOLUTION NO. 2002-177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN~ AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING AREA PLAN TO INCORPORAT]~ SECTION 11.8 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 Otay Ranch Village Eleven; 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 Otay Ranch Village Eleven SPA Plan agreed to participate in a pilot study program to develop and implement new water conservation measures; and WHEREAS, when the Otay Ranch Village Eleven SPA Plan was adopted there was no Water Conservation Plan included pending the result~ 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 aad 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 Otay Ranch Village Eleven SPA Plan consistent with the outcomes of the water conservation pilot study program; and WHEREAS, an application (PCM 02-14) to amend the Otay Ranch Village Eleven SPA Plan was filed by the City of Chula Vista Planningi Division with the consent of the property owner; and WHEREAS, the City of Chula Vista Planniag Division requests an amendment to the Otay Ranch Village Eleven SPA Plan to incorporate Otay Ranch Village Eleven SPA Section 11.8 Water Conservation Plan dated April 30, 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 Enviroamental Qaality Act (CEQA) and has determined that the proposed Project was adequately covered in thc previously adopted Otay Ranch General Development Plan (GDP) Amendments/Village 11 i SPA Plan Enivironmental Impact Report (EIR) 01-02, thus no further environmental review is necessary; and Resolution 2002-177 Page 2 WHEREAS, the amendment to the Otay Ranch Village Eleven SPA Plan conforms to the policies found in the Chula Vista General Plan and the Otay Ranch General Development Plan/Sub-Regional Plan (GDP/SRP); and WHEREAS, the Planning Commission set the time and place for a hearing on said Amendment to Otay Ranch Village Eleven SPA Plan (PCM-02-14) and notice of said hearing, 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 hearing; 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 hearing 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 hearing was scheduled before the City Council of the City of Chula Vista to consider an amendment to the Otay Ranch Village Eleven 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 draft Water Conservation Plan Guidelines. III. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Otay Ranch GDP Amendments/Village 11 SPA Plan EIR 01-02, would have no new effects that were not examined in said EIR. 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- 02 which would require revisions of said environmental report; (2) no substantial changes have Resolution 2002-177 Page 3 occurred with respect to the circumstances under which the Project is undertaken since the previous environmental repolt; 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 lan activity that is within the scope of the Project covered by the Final Environmental ImPact Report (FEIR) 01-02 (Guideline 15168(c)(2)). 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 Otay Ranch GDP/SRP and the 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 OTAY RANCH VILLAGE ELEVEN SPA PLAN The City Council does hereby approve this amendment to the Otay Ranch Village Eleven SPA Plan to incorporate the Water Conservation Plan into the SPA document on f'fle 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 indoor and outdoor water conservation measures outlined in the Water Conservation Plan. 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 2002-177 Page 4 Presented by Approved as to form by Robert Leiter J?FjffM. Kaheny Planning and Building Director C~ty 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: No ne ABSENT: Councilmembers: None Shirley Horton ~lVlayor ATI'EST: ' / Donna Norris, 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. 2002-177 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28tn day of May, 2002. Executed this 28th day of May, 2002. Donna Norris, Assistant City Clerk EASTLAKE GREENS FREEWAY COMMERCIAL EASTERN URBAN CHULA VISTA PLANNING Ah D BUILDING DEPARTMENT LOCATOR PROJECT  APPLICAN~ CITY OF CHULA VISTA PROJECT DESCRIPTION: PROJECT AMENDMENT ADDRESS: OLYMPIC PARKWAy Request:. Amendment to Otay Ranch Village 11 SPA Plan NORTH SCA~: to incorporate the Water Conservation Plan. C:\DAIFILES\locators\pcm0214.cdr 04/12/~?