HomeMy WebLinkAboutReso 2002-308- RESOLUTION NO. 2002-308
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH VILLAGE ELEVEN SECTIONAL PLANNING
AREA (SPA) PLAN TO INCORPORATE SECTION II.7 AIR
QUALITY IMPROVEMENT 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 March 27, 2001, the City Council approved an agreement between the
City of Chula Vista and Criterion Planners/Engineers Inc., for the preparation of a computer
model, related repons and analyses of air quality and energy conservation measures for three
development projects; and
WHEREAS, the property owners of the three development projects, including Otay
Ranch Village Eleven Sectional Planning Area (SPA) Plan agreed to participate in a pilot study
program to develop and implement new air quality improvement and energy conservation
measures; and
WHEREAS, when the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan
was adopted there was no Air Quality Improvement Plan included pending the results of the pilot
study program; and
WHEREAS, a report containing analyses of the computer model and the results of the
pilot study program was prepared by Criterion Planners/Engineers Inc., entitled INDEX Pilot
Test: SPA Air Quality Improvement Plans, June 2002, and a copy shall be kept on file with the
City Clerk; and
WHEREAS, the air quality and energy conservation report and pilot study program
provided necessary information for staff to use in developing guidelines for the preparation of
future air quality improvement plans; and
WHEREAS, an Air Quality Improvement Plan has now been prepared for inclusion in
the Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan consistent with the
outcomes of the air quality and energy conservation pilot study program; and
WHEREAS, an application (PCM 02-24) to amend the Otay Ranch Village Eleven
Sectional Planning Area (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
Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan to incorporate Otay Ranch
Village Eleven SPA Section I1.7 Air Quality Improvement Plan dated June, 2002 ("Air Quality
Improvement Plan") into the Sectional Planning Area (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 and has determined that the
Resolution 2002-308
Page 2
proposed Project was adequately covered in the previously adopted Otay Ranch GDP
Amendments/Village 11 SPA Plan EIR 01-02, therefore no further environmental review or
documentation is necessary; and
WHEREAS, the amendment to the Otay Ranch Village Eleven Sectional Planning Area
(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 Sectional Planning Area (SPA) Plan (PCM-02-24)
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., July 10, 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 heating was scheduled before the City Council of the City of Chula
Vista to consider an amendment to the Otay Ranch Village Eleven Sectional Planning Area
(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 July 10, 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 California Environmental Quality Act (CEQA) claims.
II. ACTION
The City Council hereby accepts the INDEX Pilot Test: SPA Air Quality Improvement
Plans, June 2002 report prepared by Criterion Planners/Engineers Inc., and directs staff to draft
Air Quality Improvement 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
Resolution 2002-308
Page 3
- have occurred with respect to the circumstances under which the Project is undertaken since the
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 the 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 Air Quality Improvement Plan be prepared for all major
development projects (50 dwelling units or greater) as a part of the Sectional Planning Area
(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 Air Quality Improvement
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 air quality and energy conservation measures.
VI. APPROVAL OF AMENDMENT TO THE OTAY RANCH VILLAGE ELEVEN
SECTIONAL PLANNING AREA (SPA) PLAN
The City Council does hereby approve this amendment to the Otay Ranch Village Eleven
Sectional Planning Area (SPA) Plan to incorporate the Air Quality Improvement Plan into the
Sectional Planning Area (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 air quality and energy conservation measures outlined
in the Air Quality Improvement 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 2002-308
Page 4
Presented by Approved as to form by
Robert Leiter J
Planning and Building Director C~Yy Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of August, 2002, by the following vote:
AYES: Councilmembers: Davis, Padilla, Rindone, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
'~Stephen PaOla, Deputy Mayor
ATTEST:
Susan Bigelow, City Clerk ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2002-308 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of August, 2002.
Executed this 13th day of August, 2002.
Susan Bigelow, City Clerk