HomeMy WebLinkAboutPlanning Comm Reports/1993/03/03 (3)
City Planning Cormnission
Agenda Item for Meeting of March 3, 1993
Page 1
2.
PUBLIC HEARING
PCM 93-14, PCZ 93-H: Application bv San Miguel
Partners for approval of a General Development Plan and
Planned Communitv Pre-Zone for San Miguel Ranch,
located southeast of the Sweetwater Reservoir, west and
south of Mother Miguel Mountain. and northeast or Proctor
Vallev Road - San Miguel Partners
BACKGROUND:
I. The applicant, San Miguel Partners, has submitted a General Development Plan for
consideration, as well as a request to pre-zone a 2,590 acre property to the Planned
Community (P-C) District Zone. The San Miguel Ranch project site consists of
approximately 2,590 acres, located south and east of the Sweetwater Reservoir and
adjacent to the northeastern border of the City of Chula Vista. The San Miguel Ranch
project site is composed primarily of steeply sloping hillsides, valleys, and Mother
Miguel Mountain. The area is dominated by coastal sage scrub, mixed chaparral, and
non-native grasses. The entire Rancho San Miguel project site is currently
unincorporated and within the City of Chula Vista's adopted sphere of influence. The
property is bounded generally by Proctor Valley Road on the west and south, the Otay
water treatment facility and San Miguel Mountain on the east, and the Sweetwater River
and Reservoir on the north and northwest. A caretaker's house and associated buildings
with horse facilities are located in the western corner of the northern portion of the
property. The north and south portions of the project site are separated by property
owned by San Diego Gas and Electric, which contains the Miguel Substation complex
and associated transmission lines. Several utility easements traverse the project site.
Much of the 2,590 acres of land that make up the project site have been utilized during
the past 80 to 100 years as grazing land.
2. The application for a General Development Plan and pre-zoning was submitted in 1990,
subsequent to adoption of the updated Chula Vista General Plan in 1989. The project's
environmental impact report was circulated for public review in early 1992. However,
significant issues were identified and the applicant and staff worked toward resolving
these issues for the next several months. In September, 1992, the project returned to the
Planning Commission for a final recommendation with significant differences remaining
between staff and the applicant. The Commission voted to not certify the Final EIR, and
recommended denial of the project to the City Council. In October, 1992, the City
Council remanded the project back to the Planning Commission with direction to resolve
the remaining issues. Subsequent to this hearing, the applicant withdrew the proposed
project and resubmitted a revised project, known as the "New Plan," which was intended
to address concerns raised by the Planning Commission and the City Council with the
proposed project. A Supplement to the Environmental Impact Report was prepared and
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 2
circulated for a 30-day public review period, culminating in a Planning Commission
public hearing on February 10, 1993.
3. San Miguel Partners proposes to develop up to 1,619 dwelling units, with 357 units on
the northern portion and 1,262 units on the southern portion. All of the proposed units,
with the exception of a potential low and moderate income housing project located south
of East "H" StreetlProctor Valley Road in the southernmost portion of the property, are
proposed to be single-family dwelling units in the Low Density (0-3 du/ac) land use
classification. Other proposed uses included with the project are Commercial,
Community Recreation, and Open Space.
RECOMMENDATION:
1. Certify that the final EIR-90-2 for San Miguel Ranch has been prepared in compliance
with CEQA, the State CEQA Guidelines and the environmental review procedures of the
City of Chula Vista;
2. Adopt the attached Recommending Resolution by which you recommend that the City
Council:
a. Approve the General Development Plan based upon the findings and conditions
listed;
b. Adopt an ordinance establishing the Planned Community Pre-Zone
c. Approve the CEQA findings for EIR-90-2, San Miguel Ranch.
d. Approve the Mitigation Monitoring Program for EIR-90-2, San Miguel Ranch;
e. Approve the Statement of Overriding Considerations for EIR-90-2, San Miguel
Ranch.
RESOURCE CONSERVATION COMMISSION RECOMMENDATION:
On February 10, 1992, the Resource Conservation Commission considered the original Rancho
San Miguel Draft EIR, and recommended to the Planning Commission that they deny the project
based upon the environmental impacts addressed in the Draft EIR.
On February 1, 1993 and February 8, 1993, the Resource Conservation Commission considered
the Draft Supplement to the Rancho San Miguel EIR. The Resource Conservation Commission
recommended that the Draft Supplemental EIR 90-02 not be accepted due to the number of
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 3
unmitigable impacts, specifically: (I) the unknown future of 125; (2) impact of the run-off
waters polluting the reservoir with development of the northern portion; (3) potential health
hazard in the southern portion near SDG&E power lines; (4) inadequate funding of schools; (5)
unavailability of water and sewage capacity; and (6) impact on plant life and endangered species.
DISCUSSION:
When this item was heard by the Planning Commission in September and October, 1992, the
staff report addressed significant concerns with the proposed project in a number of areas. The
applicant's "New Plan" re-submission attempts to respond to these issues either through re-
design, or proposed mitigation measures.
Significant major issues with the proposed project are discussed below:
Proposed Lot Sizes
Almost all of the developable acreage within the San Miguel Ranch project is designated as Low
Residential on the General Plan Land Use Diagram. The relevant language in the General Plan
related to this issue is Section 4.1 of the Land Use Element, which defines "Residential Low (0-
3 dwelling units per acre)" as follows:
This category includes single-family detached dwellings on large rural, and estate-
type lots. This is the predominant character of existing residential neighborhoods
within and adjacent to Sweetwater Valley. This is also the appropriate residential
land use for areas with variable terrain of relatively steep slopes and the areas
adjacent to the proposed Greenbelt. In addition, under the concept of cluster
development, single family detached dwellings on minimum 7,000 square foot lots
may be permitted.
Based upon this language the applicant has agreed to provide a majority of lots within the project
areas designated Low Residential at a "rural or estate-type" size. Thus the 357 lots proposed
for the northern portion are to be an average of one acre in size and a minimum of 3/4 acre,
while 415 lots on the southern portion are to be an average of 20,000 square feet in size and a
minimum of 15,000 square feet (these are the lot size standards contained within the R-E
Residential Estates Zone of the Chula Vista Zoning Ordinance). The combined total of 772 [Ural
and estate lots constitutes a majority of the total number of lots in the Low-Residential
designated areas within the entire project. The remaining 751 lots are proposed as clustered
development with a minimum lot size of 7,000 square feet.
In addition, the applicant has agreed that, if development on the northern portion is curtailed or
eliminated, the overall number of rural and estate-type lots will remain greater than the number
of cluster lots in the Low Residential-designated areas. This would be achieved either by a
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 4
re-designation of all or part of Planning Areas 4 and 7, located in the west -central part of the
southern parcel, from cluster residential to estate residential, or by the applicant proposing a
general plan amendment to redesignate certain areas within the southern parcel to Low-Medium
Density Residential (3 to 6 dwelling units per acre). The latter course of action would be at the
complete discretion of the City to approve or deny and would be considered in conjunction with
the dedication of the Northern Portion as permanent open space.
Compatibilitv with Adiacent Developed Areas
The San Miguel Ranch project is located to the east of the Bonita community. Development
areas on the northern portion and on the western half of the southern parcel are adjacent to
existing rural and estate-lot development in the Bonita unincorporated area. At issue is the
project's compatibility with this existing development.
Relevant language in the General Plan relating to the issue (within Section 6.2 of the Land Use
Element--Establishing Residential Densities within the Range) which states that the City will
evaluate the appropriate residential density of a property by using the following criterion (among
others): "Compatibility within existing and proposed surrounding land use patterns, both urban
and rural, natural and manmade, in order to achieve an overall reduction in land use friction. "
The applicant's proposal includes provision for 3/4 acre minimum lots on the northern portion,
with an average lot size of one acre. On the southern portion, the applicant has modified the
proposed project to include a "buffer" of estate-size lots on the western boundaries of the
proposed project (20,000 sq. ft. average, 15,000 sq. ft. minimum). Additional buffering
measures, such as larger lots on the actual boundary of the proposed project, will be considered
at the Sectional Plan Area (SPA) plan level of review. While these lots would be somewhat
smaller than the existing lot sizes at the eastern end of Bonita, adjacent to the project (generally
one to five acres), they would be significantly larger than the more standard single-family
residential lots prevalent in other parts of Chula Vista's Eastern Territories.
San Diego Gas & Electric
The San Miguel Ranch project is split into northern and southern portions by San Diego Gas &
Electric's San Miguel Substation facility and associated transmission lines. This transmission
facility is of regional importance within SDG&E's service territory, providing a consistent power
supply to the area with the necessary facilities for regional high voltage interconnections to
power sources in Imperial Valley, Arizona, and Mexico. Future development plans for the
SDG&E property include expansion of the substation and transmission line facilities to
accommodate service area growth and system-wide operational needs. SDG&E has no timetable
for this expansion, which is generally not expected to occur within the next 10 years.
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
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The proposed project includes significant numbers of lots, located on the southern area of the
northern portion and the northern area of the southern portion, which have views onto the
SDG&E property. While the EIR identifies only 14 lots which have significant views to the
existing facilities (and buffering techniques can ameliorate the impact of these views), any
expansion of the existing substation may cause additional proposed residences within San Miguel
Ranch to view the industrially-appearing substation facilities or the additional associated towers.
SDG&E is concerned that, should such homes be built prior to their proposal to construct the
substation expansion, future residents would strongly object to their project, and cause significant
disruptions to SDG&E's overall systems if their opposition led to the redesign or relocation of
the substation facility.
In response to this concern, staff proposes that the San Miguel Ranch SPA plan be conditioned
on the approval of a comprehensive buffer plan which includes measures such as landscaping,
significant topography variation (including use of natural topography as well as berming), and
homesite orientation for houses near the SDG&E property. Staff anticipates that this buffering
plan will substantially mitigate the concerns of SDG&E regarding views to the SDG&E property
from the project site. Additionally, the City would encourage SDG&E to begin processing of
their proposed expansion plans so that they might be considered prior to or concurrently with
construction of homes within the San Miguel Ranch project.
SDG&E, in their correspondence to the city regarding this project, has suggested additional
changes to the land use plan for San Miguel Ranch which would move the proposed commercial
center adjacent to the SDG&E property and which would also place no residential development
to the north of San Miguel Ranch Road on the southern portion. However, staff believes that
these proposed changes would not significantly improve the mitigation of the visual and land use
compatibility impacts of the SDG&E facility, and would result in significant negative impacts
upon the overall project design. Therefore, staff recommends that SDG&E's proposed changes
to the land use plan not be adopted.
Elimination of Horseshoe Bend & Gobbler's Knob
Horseshoe Bend is a horseshoe-shaped landform which rises steeply up to 200 feet above the
surrounding terrain. Gobbler's Knob is a steep hill to the southwest of Horseshoe Bend which
rises approximately 150 feet above the surrounding terrain.
The applicant believes that Horseshoe Bend and Gobbler's Knob cannot feasibly and reasonably
be preserved as part of a development plan, and thus may be removed without conflict with the
General Plan. The primary reasons for the applicant's recommendation can be summarized as
follows:
a. Horseshoe Bend and Gobbler's Knob are not significant enough landforms to be
identified by the General Plan and preserved.
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 6
b. Horseshoe Bend and Gobbler's Knob split the property in two segments
preventing presentation of a unified development concept unless they are
removed.
c. Horseshoe Bend and Gobbler's Knob lie within the pathway of the best alignment
for San Miguel Ranch Road, a four-lane collector on the Circulation Element.
d. Horseshoe Bend and Gobbler's Knob consist of soils which are easily erodible
and thus prevent a danger to development around them or on top of them.
The key question relating to General Plan consistency lies in whether these landforms should be
considered "significant." If so, then they must be preserved, either as open space, or as sites
for hillside housing pursuant to the guidelines set forth in Section 6.5 of the Land Use Element
to the General Plan. If not, then they may be removed. During City Council and Planning
Commission discussion of the project, there seemed to be a general consensus that these
landforms were not significant from a general plan perspective, despite staff's recommendation
to the contrary.
Removal of these two landforms is identified in the Pinal EIR as constituting a significant
landformlvisual impact which is not mitigable with the project as proposed. However, staff
recommends adoption of overriding findings which would allow the project to go forward (see
Statement of Overriding Considerations). The rationale for adoption of overriding findings is
discussed above in Sub-paragraphs b. through d.
Biological Impacts
As is stated in the Pinal Environmental Impact Report, the San Miguel Ranch property contains
a wealth of native plants and animals, some of which are becoming increasingly scarce. In
particular, the habitat known as coastal sage scrub, and many of the animal species residing in
it, has been greatly impacted by the on-going development of the San Diego Metropolitan Area.
While some coastal sage scrub is located on the Southern Portion, the Northern Portion contains
a large diverse amount of this habitat which is part of a major concentration around the
Sweetwater Reservoir and Mount San Miguel. As documented in the Pinal Environmental
Impact Report, development as proposed on the northern parcel would have significant negative
impacts upon coastal sage scrub habitat as well as several threatened species, including the
California Gnatcatcher (currently a candidate for listing under the Federal Endangered Species
Act).
The City of Chula Vista has emolled into the State Natural Communities Conservation Program
(NCCP) with several major property owners, including San Miguel Partners, and the County of
San Diego in a subregional planning effort which is called the South County NCCP. The
program is designed to allow the state, local government, property owners, and the U.S. Pish
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 7
and Wildlife Service to agree to the creation of permanent, large, contiguous natural areas which
will preserve enough of the natural habitat so as to allow development projects, both public and
private, to go forward. While the plan will not be completed until 1994, preliminary analysis
indicates that the entire Northern Portion, along with surrounding areas, is a candidate area for
natural preservation.
City Staff and the applicant have worked together to prepare a method for resolving the adverse
impacts to biological resources. Staff recommends that the mitigation measures identified in the
Draft Supplement to the Environmental Impact Report (see discussion under Environmental
Impact Report) provide the best solution at this time to this issue. In summary, this plan would
subject any development entitlements on the Northern Portion to a decision on the South County
NCCP Plan as to whether any development is allowable on the Northern Portion. If the NCCP
does allow some development on the Northern Portion, or the NCCP program fails and none
of the species located within Coastal Sage Scrub habitat are listed on the State or Federal
Endangered Species Lists, the mitigation plan sets forth criteria upon which a SPA-level plan
for the Northern Portion would be judged. No SPA plan for the Northern Portion would be
processed until at least May, 1994, in order to allow for the completion of the NCCP program.
A supplemental EIR for the SPA plan would also be required.
While staff and the applicant believe that the proposed method for resolving the Northern Portion
biology issue is adequate, commentators on the Draft Supplement to the Environmental Impact
Report have expressed reservations about the adequacy of this method in protecting the rare
native habitat on the Northern Portion. An alternative to the staff recommendation on this issue
would be the preservation of the entire Northern Portion as open space at this time, with a
recommendation to staff to study potential transfers of residential density from the Northern
Portion to the Southern Portion, and 2) revisions to the mitigation plan to provide a greater level
of protection for biological resources.
State Route 125
The routing of SR-125 has not been defined at this time by CalTrans, pending the completion
of an Environmental Impact Report. Considerable controversy exists over several of the
alternative alignments at the eastern end of the Sweetwater Valley, and alignments which run
both west and east of Sweetwater Reservoir are under consideration. The applicant has shown
an alignment for SR-125 along the western edge of the Southern Parcel which, at this time, may
be one of the more plausible routings. However, processing of the applicant's Sectional
Planning Area (SPA) plans may be impacted if the uncertainty regarding the alignment of SR-
125 is not eliminated or lessened by the time of SPA processing. In any case, no subdivision
map would be approved for San Miguel Ranch for any portion of the project affected by one of
the alternative alighments until a final alignment for SR-125 has been adopted.
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
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Offsite Roadwavs into Bonita
The applicant's original proposed project included a new proposed "bypass" road to the west of
the project site, running southerly of the existing San Miguel Road and eventually joining that
existing roadway prior to its terminus at Bonita Road. While this proposed roadway is in
conformance with the Chula Vista Circulation Element, it is not in conformance with the San
Diego County General Plan Circulation Element. Since the area to the west of the project is
unincorporated, the "bypass" road will require a County General Plan Circulation Element
amendment.
The alternative to the bypass road, widening of existing Proctor Valley Road and San Miguel
Road to four lanes to serve project traffic will also require a County General Plan Circulation
Element Amendment.
The County has requested that the applicant apply for and receive approval of a General Plan
Amendment to the County Circulation Element prior to the City approving this General
Development Plan. However, staff recommends that this GDP may be approved at this time,
with a condition that prior to SPA approval, the applicant resolve the road issues westerly of the
project with the County of San Diego, through a Circulation Element Amendment or other
means acceptable to the County. The rationale for the staff recommendation is that, under the
City's Planned Community process, the General Development Plan level of review is more
conceptual in nature than equivalent County of San Diego processes.
Sweetwater Reservoir Runoff Protection
The northern parcel of the San Miguel Ranch borders on lands owned by the Sweetwater
Authority to the north and west, which contains the Sweetwater Reservoir. This reservoir
provides potable water supplies for the service area of the Authority, which includes the western
portion of the City of Chula Vista. The Authority is highly concerned about contamination of
this water supply by "urban runoff," the runoff from homes, roads, etc. which contains
pollutants such as pesticides, petroleum products, and other products of urban areas which could
be washed into the reservoir by rainfall.
To mitigate the negative impacts of urban runoff upon the Sweetwater Reservoir, the applicant
must develop storm water management plans, including a proposed runoff protection system, for
approval by the Sweetwater Authority. These plans would be incorporated into the Sectional
Plan Area (SPA) Plan for the northern parcel of San Miguel Ranch.
The Sweetwater Authority has issued for public review a Draft Environmental Impact Report
which analyzes a comprehensive runoff protection system for the Sweetwater Reservoir. A key
portion of this system is a "South Side Runoff Protection System." This system would divert
urban runoff from the northern parcel of San Miguel Ranch via a system of "flow-carrying
roadways" located on the perimeter of the proposed development area. These roadways would
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City Planning Commission
Agenda Item for Meeting of March 3, 1993
Page 9
be six to twelve feet in width. The runoff would be carried to a diversion pond on the south side
of the Sweetwater Reservoir and then carried in an above-ground pipe to the north side of the
reservoir and eventually into an existing runoff diversion facility parallel to Jamacha Blvd. (State
Route 54). The biological impacts of this project are significant and not mitigable, with no
feasible off-site mitigation available in the near vicinity except on the northern parcel of San
Miguel Ranch (which will most likely not be available if any development is approved on the
Northern Parcel).
The Draft EIR prepared for the Sweetwater Reservoir Urban Runoff Diversion System does not
propose any of the land owned by San Miguel Partners be used as off-site mitigation for impacts
related to the diversion system.
The discussion in the Sweetwater Reservoir Urban Runoff Diversion System Draft
Environmental Impact Report, while relevant to the proposed project, does not change the basic
staff recommendation, which is that a comprehensive runoff protection plan for the Sweetwater
Reservoir be incorporated into the SPA plans for the project. If no development occurs on the
northern parcel, or development is severely restricted, due to biological impacts, then the" South
Side Runoff Protection System" proposed by the Sweetwater Authority can be eliminated or
down-sized.
Conditions of Approval
If the New Plan as proposed is approved, staff recommends that the approval be subject to
compliance with all provisions of the Chula Vista General Plan, the Zoning Ordinance, the
Growth Management Program and Ordinance, and all other relevant City resolutions, policies,
codes, ordinances, and programs.
The project shall demonstrate compliance with the recommended mitigations outlined in the final
Environmental Impact Report (EIR-90-2) and with the Mitigation Monitoring Program.
All conditions of approval shall be complied with prior to approval of the first Sectional
Planning Area (SPA) for this project, except for those conditions related solely to the Northern
Portion, which must be completed prior to a SPA Plan approval for the Northern Portion.
Specific conditions of approval are contained within the Draft Resolution of Approval attached.
(rsmpcrpLgh)
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SAN MIGUFI.. RANCH
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DRAFT SAN MIGUEL RANCH RESOLUTION OF APPROVAL
RESOLUTION NO.
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA RECOMMENDING APPROVAL OF THE SAN MIGUEL RANCH
GENERAL DEVELOPMENT PLAN (PCM 93-14)
WHEREAS, San Miguel Partners, hereafter referred to as "applicant",
has submitted an application for a General Development Plan (Case
# PCM 90-19) to be approved on approximately 2,590 acres, divided
into two parcels of 1,852 acres ("Northern portionn) and 738 acres
(" Southern Portion"), 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 90-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, 1991, 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 1991, was prepared for the proposed project; and
WHEREAS, the Draft Environmental Impact Report indicated
following issues were significant and not mitigable
proposed project:
that the
for the
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
Environmental Impact Report
February 5, 1992; and
from the public on the draft
were accepted from December 7, 1991 to
WHEREAS, the City Planning Commission held a public hearing and
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accepted public testimony on the draft Environmental Impact Report
on February 5, 1992; and
WHEREAS, based upon a dispute between the applicant and staff over
the Land Use Section of the Draft Environmental Impact Report
relating to general plan consistency, the Planning Commission held
a publicly noticed workshop on April 1, 1992 to further study the
issue of this project's consistency with the General Plan; and
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
IIPreservation Plan;" and
WHEREAS, a second addendum was prepared to the Draft Environmental
Impact Report which also analyzed the "Modified Concept Plan" and
included an alternative finding for the issue of general plan
consistency and included 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 were addressed in the Final
Environmental Impact Report (Case # EIR 90-02) 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 1 abstaining) and recommended
denial of the San Miguel Ranch General Development Plan and pre-
zoning (by a vote of 4 in favor, 1 opposed, and 1 abstaining); and
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WHEREAS, the City Council held a public hearing on the General
Development Plan and considered the Final Environmental Impact
Report on October 27, 1992; and
WHEREAS, the City Council remanded the project to the Planning
Commission for further analysis and review (by a vote of 5 in
favor, 0 opposed); and
WHEREAS, on December 16, 1992, the applicant withdrew the proposed
General Development Plan and submitted a new application for a
General Development Plan (Case # PCM 93-14) on January 26, 1993,
hereby known as the "New Plan;" and
WHEREAS, a Draft Supplement to Environmental Impact Report EIR 90-
02 was prepared to address the revised environmental impacts of the
"New Planjll and
WHEREAS, the Draft Supplement to the Environmental Impact Report
presented revised information and environmental findings for the
following issues:
Land Use
Landform/Visual
Biology
Traffic
Parks & Recreation; and
WHEREAS, the Draft Supplement to Environmental Impact Report 90-02
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 Supplement to
Environmental Impact Report 90-02 was given as required by law; and
WHEREAS, written comments from the public on the Draft Supplement
to Environmental Impact Report 90-02 were accepted from January 8,
1993 to February 10, 1993; and
WHEREAS, the City Planning Commission held a public hearing and
accepted public testimony on the Draft Supplement to Environmental
Impact Report 90-02 on February 10, 1993; and
WHEREAS, agency and public comments have been addressed in the
revised Final Environmental Impact Report (Case # 90-02), dated
March, 1992; and
WHEREAS, the Planning Commission held a public
General Development Plan and considered the
Environmental Impact Report on March 3, 1992;
hearing on the
revised Final
NOW THEREFORE BE IT RESOLVED THAT the Commission finds, determines,
resolves, and orders as follows:
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A. FINAL ENVIRONMENTAL IMPACT REPORT
1. The Final Environmental Impact Report, San Miguel Ranch
General Development Plan (EIR 90-02) consists of:
a. Final Environmental Impact Report (EIR 90-02)
prepared by Ogden Environmental, which contains 1)
the Draft Environmental Impact Report, 2) Comments
and Responses to Comments on Draft EIR, 3) the
Draft Supplement to the Environmental Impact
Report, and 4) Comments and Responses to Comments
on the Draft Supplement to the Environmental Impact
Report.
b. Appendices A through J to the Environmental Impact
Report dated December, 1991.
2. The City Council of the City of Chula Vista has reviewed,
analyzed, and considered FEIR 90-02, the environmental
impacts therein identified for this proj ect, the
Candidate CEQA Findings attached hereto, the proposed
mitigation measures contained therein, the Mitigation
Monitoring and Reporting Program attached hereto, and the
Statement of Overriding Considerations attached hereto
prior to approving the project.
3. The Planning Commission does hereby find that FEIR 90-02,
the Candidate CEQA Findings, the Mitigation Monitoring
and Reporting Program, and the Statement of Overriding
Considerations are prepared in accordance with the
requirements of the California Environmental Quality Act,
the State EIR guidelines, and the Environmental Review
Procedures of the City of Chula Vista.
4. The Final EIR reflects the independent judgment of the
Chula Vista Planning Commission.
5. The Final EIR is hereby certified by the Chula Vista
Planning Commission to have been completed in compliance
with the California Environmental Quality Act and all
applicable guidelines.
BE IT FURTHER RESOLVED THAT from the facts presented to the
Planning Commission, the Commission recommends that the City
Council make the required findings for approval of the proposed
General Development Planb and Planned Community (P-C) Zone Findings
and enact the draft ordinance and resolution with conditions as
attached hereto.
BE IT FURTHER RESOLVED THAT from the facts presented to the
Planning Commission, the Commission recommends that the City
Council adopt the CEQA Findings and Statement of Overriding
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Considerations as attached hereto.
BE IT FURTHER RESOLVED THAT a copy of this resolution be
transmitted to the owners of the property and to the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNIA, this 3rd day of March, 1993, by the following vote, to
wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
Susan Fuller, Chairperson
ATTEST:
Nancy Ripley, Secretary
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DRAFT SAN MIGUEL RANCH RESOLUTION OF APPROVAL
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(FEIR-90-2) OR THE SAN MIGUEL RANCH PROJECT, APPROVING THE
SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN (PCM 93-14),
MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.
WHEREAS, San Miguel Partners, hereafter referred to as "applicant", submitted an application
for a General Development Plan (Case # PCM 90-19) to be approved on approximately 2,590
acres, divided into two parcels of 1,852 acres ("Northern Portion") and 738 acres ("Southern
Portion"), 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 (see Attachment A, which is a map of the proposed application
area); and
WHEREAS, the applicant also submitted an application for a Pre-zoning of the property to the
P-C (Planned Community) District (Case # PCZ 90-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, 1991, 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 1991,
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
Landforrn/Visual
Biology
Air Quality; and
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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, 1992; and
WHEREAS, the City Planning Commission held a public hearing and accepted public testimony
on the draft Environmental Impact Report on February 5, 1992; and
WHEREAS, based upon a dispute between the applicant and staff over the Land Use Section of
the Draft Environmental Impact Report relating to General Plan Consistency, the Planning
Commission held a publicly noticed workshop on April I, 1992 to further study the issue of this
project's consistency with the General Plan; and
WHEREAS, at the April I, 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 included an alternative finding for the issue of
General Plan Consistency and included alternative mitigation measures for impacts to biology
(which, however, did not change the finding of significance within the Draft EIR); and
WHEREAS, agency and public comments were addressed in the Draft Final Environmental
Impact Report (Case # EIR 90-02) for the San Miguel Ranch project, dated September 1992;
and
WHEREAS, the Planning Commission held a public hearing on the General Development Plan
and Pre-Zone and considered the Draft 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
Portion of the San Miguel Ranch property; and
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WHEREAS, the Planning Commission held a continued public hearing on the General
Development Plan and Pre-Zone and considered the Draft 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,
I opposed, and I abstaining) and recommended denial of the San Miguel Ranch General
Development Plan and Pre-zone (by a vote of 4 in favor, 1 opposed, and 1 abstaining); and
WHEREAS, the City Council held a public hearing on the General Development Plan and Pre-
Zone and considered the Draft Final Environmental Impact Report on October 27, 1992; and
WHEREAS, the City Council remanded the project to the Planning Commission for further
analysis and review (by a vote of 5 in favor, 0 opposed); and
WHEREAS, on December 16, 1992, the applicant withdrew the proposed General Development
Plan and on January 26, 1993 submitted a new application for a General Development Plan
(Case # PCM 93-14) and pre-zone (Case # PCZ 93-H), hereinafter referred to as the "New
Plan;" and
WHEREAS, a Draft Supplement to Environmental Impact Report EIR 90-02 was prepared to
address the revised environmental impacts of the "New Plan;" and
WHEREAS, the Draft Supplement to the Environmental Impact Report presented revised
information and environmental findings for the following issues:
Land Use
LandformlVisual
Biology
Traffic
Parks & Recreation; and
WHEREAS, the Draft Supplement to Environmental Impact Report 90-02 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 Supplement to Environmental Impact Report
90-02 was given as required by law; and
WHEREAS, written comments from the public on the Draft Supplement to Environmental
Impact Report 90-02 were accepted from January 8, 1993 to February 10, 1993; and
WHEREAS, the City Planning Commission held a public hearing and accepted public testimony
on the Draft Supplement to Environmental Impact Report 90-02 on February 10, 1993; and
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WHEREAS, agency and public comments have been addressed in the revised Draft Final
Environmental Impact Report (Case # 90-02), dated March, 1992; and
WHEREAS, the Planning Commission held a public hearing on the General Development Plan
and Pre-Zone ("New Plan") and considered the revised Final Environmental Impact Report on
March 3, 1992; and
WHEREAS, the Planning Commission voted to certify the FEIR and recommend approval of
the General Development Plan and Pre-Zone("New Plan") by a vote of in favor, opposed,
and abstaining);
NOW THEREFORE, THE CHULA VISTA CITY COUNCIL DOES HEREBY FIND,
DETERMINE, RESOLVE, AND ORDER AS FOLLOWS:
A. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Draft EIR, on February 5, 1992, their public hearings on the
proposed project (PCM 90-19) on September 30, 1992 and October 19, 1992, their
public hearing on the Supplement to the Draft EIR on February 10, 1993, and their
public hearing on the revised project ("New Plan") on March 3, 1993, and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
B. FINAL ENVIRONMENTAL IMPACT REPORT
I. The Final Environmental Impact Report, San Miguel Ranch General Development
Plan (EIR 90-02) consists of:
a. Final Environmental Impact Report (EIR 90-02) prepared by Ogden
Environmental, which contains I) the Draft Environmental Impact Report,
2) Comments and Responses to Comments on Draft EIR, 3) the Draft
Supplement to the Environmental Impact Report, and 4) Comments and
Responses to Comments on the Draft Supplement to the Environmental
Impact Report.
b. Appendices A through J to the Environmental Impact Report dated
December, 1991.
2. The City Council of the City of Chula Vista has reviewed, analyzed, and
considered FEIR 90-02, the environmental impacts therein identified for this
project; the Candidate CEQA Findings attached hereto as Attachment B, the
proposed mitigation measures contained therein, the Mitigation Monitoring and
Reporting Program attached hereto as Attachment C, and the Statement of
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Overriding Considerations which is attached hereto as Attachment D prior to
approving the project.
3. The City Council does hereby find that FEIR 90-02, the Candidate CEQA
Findings, the Mitigation Monitoring and Reporting Program, and the Statement
of Overriding Considerations are prepared in accordance with requirements of the
California Environmental Quality Act, the State EIR Guidelines, and the
Environmental Review Procedures of the City of Chula Vista.
4. The City Council finds that the FEIR reflects the independent judgment of the
Chula Vista City Council.
5. The Final EIR is hereby certified by the Chula Vista City Council to have been
completed in compliance with the California Environmental Quality Act and all
applicable guidelines.
B. GENERAL DEVELOPMENT PLAN AND PLANNED COMMUNITY (P-C) ZONE
FINDINGS
I. Pursuant to Section 19.48.020, the Chula Vista City Council finds that processing
of this General Development Plan as two separate parcels, separated by lands
owned by San Diego Gas & Electric, is appropriate for the purposes of
comprehensive planning, and that therefore this application complies with Section
19.48.020
2. As required by Section 19.48.050, the Chula Vista City Council makes the
following findings in approval of establishment of the P-C (Planned Community)
Zone and the General Development Plan:
a. The proposed development as described by the general development plan
is in conformity with the provision of the Chula Vista General Plan.
This finding is met. The proposed development conforms to all relevant
sections of the General Plan, and proposes an overall density of
development consistent with the General Plan. Specifically, the project
complies with certain Land Use Element Sections as follows:
Section 4.1 -- Residential Density Categories n Low Residential (0-3
du/ac). The applicant proposes at least 51 % of all lots in the Low
Residential areas of the property to meet the standards set forth in the R-E
Residential Estates Zone of the Chula Vista Zoning Ordinance (average
lot size 20,000 sq. ft., minimum lot size 15,000 sq. ft.). Therefore the
project meets the test of "rural and estate-type" lots called for in the text.
Furthermore, among the remaining 49% of the proposed residential lots,
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the applicant proposes no lots below the minimum size of 7,000 square
feet for clustered lot areas, pursuant to the General Plan language for the
Low Residential General Plan Category.
Section 6.2 -- Establishing Residential Densities Within the Range. The
applicant's proposed project meets the tests specified in the text for
attainment of "mid-point" density. However, the project shall not contain
any density transferred from open space areas on the Northern Portion at
a rate of one dwelling unit per ten acres.
Section 6.3 -- Clustering of Residential Development. The applicant's
proposed clustered areas meet the three criteria specified in the text for
establishment of clustered residential development.
Section 6.5 -- Hillside Development. The applicant has not proposed the
preservation of the Horseshoe Bend and Gobbler's Knob landforms,
because these landforms are not noted as significant by the General Plan.
Preservation of these landforms and their use for housing would disrupt
the overall cohesiveness of the proposed project, require movement of San
Miguel Ranch Road from its optimal alignment, and create potential
erosion problems due to the geological nature of these proposed
landforms. Therefore, the Hillside Development Policies of the General
Plan do not apply to these two landforms. In other areas, the applicant
proposes development in conformance with the Hillside Development
policies.
b. A planned community development can be initiated by establishment of
specific uses or sectional planning area plans within two years of the
establishment of the planned community zone.
This finding is met. A Sectional Planning Area Plan for all or portions
of the project can be established within two years.
c. In the case of proposed residential development, that such development
will constitute a residential environment of sustained desirability and
stability; and that it will be in harmony with or provide compatible variety
to the character of the surrounding area, and that the sites proposed for
public facilities, such as schools, playgrounds, and parks, are adequate to
serve the anticipated population and appear acceptable to the public
authorities having jurisdiction thereof.
This finding is met. The proposed project proposes a desirable mix of
clustered lots and estate lots which is compatible with the surrounding
areas. In particular, lots conforming to the R-E Residential Estates Zone
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standards (20,000 sq. ft. average, 15,000 sq. ft. minimum adjacent to
existing large lot residential development to the north and west of the
Southern Portion. The site proposed for public facilities have been found
to be acceptable to the public authorities having jurisdiction thereof, and
conform to sound siting principles for such facilities.
d. In the case of proposed industrial and research uses, that such
development will be appropriate in area, location, and over-all design to
the purpose intended; that the design and development standards are such
as to create a research or industrial environment of sustained desirability
and stability; and, that such development will meet performance standards
established by this title.
Due to the lack of proposed industrial and research uses, this finding is
not applicable to this project.
e. In the case of institutional, recreational, and other similar nomesidential
uses, that such development will be appropriate in area, location and over-
all planning to the purpose proposed, and that such surrounding areas are
protected from any adverse effects from such development.
This finding is met. All such uses are consistent with these provisions.
f. The streets and thoroughfares proposed are suitable and adequate to carry
the anticipated traffic thereon.
This finding is met. All streets and thoroughfares which are proposed
both on-site and off-site meet City of Chula Vista public road standards
and traffic threshold standards. It should be noted that a portion of San
Miguel Road offsite to the west of this project, which is necessary for
project implementation, is currently within the County unincorporated area
and is designated by the County General Plan as a two-lane light collector.
Approval of a County General Plan Amendment, or annexation of the area
through which San Miguel Road lies into the City of Chula Vista is
required prior to project implementation.
g. Any proposed commercial development can be justified economically at
the location(s) proposed and will provide adequate commercial facilities
of the types needed at such proposed location(s).
This finding is met. The proposed commercial area is economically
justifiable and will provide adequate commercial facilities to serve the
project and surrounding areas.
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h. The area surrounding said development can be planned and zoned III
coordination and substantial compatibility with said development.
This finding is met. The surrounding area is mostly designated as open
space, or is already built out with existing residential development.
Several "out-parcels" in the vicinity of the SDG&E San Miguel Substation
can be developed in coordination and substantial compatibility with San
Miguel Ranch.
C. GENERAL DEVELOPMENT PLAN AND PLANNED COMMUNITY (P-C) PRE-
ZONE CONDITIONAL APPROVALS
The City Council hereby adopts the General Development Plan known as the "New Plan"
and the Planned Community (P-C) Pre- Zone, subject to the following conditions, which
must be complied with prior to approval of the first Sectional Planning Area (SPA) Plan
for this project:
1. Prepare a runoff protection system plan for the Sweetwater Authority which is
approved by the Sweetwater Authority and the County Department of Health
Services.
2. Design a proposed trail system to the satisfaction of the Chula Vista Parks &
Recreation Department which is consistent with the policies of the Chula Vista
General Plan and which minimizes location of trails within SDG&E easements.
3. Prepare a comprehensive buffer plan for visual separation from the existing San
Diego Gas & Electric Miguel Substation and expansion area through measures
such as landscaping, significant topography variation, homesite orientation, and
other appropriate methods.
4. Prepare a plan to address the means of providing the required amount of
affordable housing pursuant to the Housing Element of the Chula Vista General
Plan for this project.
5. Prepare a grading plan, site plan, and elevations for the proposed interpretive
center and conference center which relies primarily on accommodating proposed
structures and other developed areas to the existing terrain.
6. Prepare in conjunction with the water service agency for the site a plan for the
location of appropriate potable water storage tanks for the provision of drinking
water at adequate pressure.
7. Submit for and obtain City Council approval of a mitigation plan for biological
impacts to the Northern Parcel in accordance with the criteria set forth in the
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Supplement to the Environmental Impact Report. If the Northern Parcel is
subsequently dedicated as permanent open space or included in a mitigation bank,
then this requirement shall be deemed satisfied.
8. Provide a brush management plan which analyzes and reduces impacts related to
placing homes in close proximity to large areas of natural vegetation.
9. Receive approval of a General Plan Amendment to the San Diego County
Circulation Element from the County of San Diego, or other action acceptable to
the County, which provides for off-site access to the west of the project into the
Sweetwater Valley.
10. Procure the completion of environmental review for annexation purposes of any
lands owned by San Diego Gas & Electric which will be annexed to the city in
conjunction with annexation of the San Miguel Ranch property. The condition
may be waived only if 1) the approved South County Natural Communities
Conservation Program (NCCP) allows no development on the Northern Portion
or the applicant waives all development opportunities on the Northern Portion,
and 2) it is determined by the Chula Vista City Council that given the eventual
disposition of the Northern Portion for ownership and maintenance purposes,
either through the South County Natural Communities Conservation Program or
other means, it is not in the best interests of the City of Chula Vista to annex the
Northern Portion into its corporate boundaries.
11. The dwelling unit total of 1,619 units shown in the General Development Plan is
approved in principle. The ultimate total, resulting from more specific SPA
planning and site analysis, may require a reduction in this number. Specifically,
the applicant has presented plans for the project which exceed the level of
specificity required at a General Development Plan level. Approval of the
General Development Plan does not constitute approval of more detailed design
features such as internal street patterns, lot configurations, and open space
arrangements, and these design features are subject to further review and change.
In addition, selection of a route for SR-125 which is different from that shown
on the applicant's General Development Plan will result in significant alterations
to the proposed project at the SPA level of review.
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
1. Adoption of Findings
The City Council does hereby approve and incorporate as if set forth full herein, and
make each and everyone of the CEQA Findings attached hereto as Attachment B.
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2. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in the Final EIR(EIR 90-2) and the CEQA Findings
for this project, the City Council hereby finds that pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091, that certain of the mitigation
measures described in the above referenced documents are feasible and will become
binding upon the appropriate entity such as the Applicant, the City, or other special
districts, which has to implement these specific mitigation measures.
3. Infeasibility of Mitigation Measures and Alternatives
As set forth in the CEQA Findings attached hereto, the City Council finds that the
remainder of the proposed mitigation measures, identified therein, are infeasible, and
none of the proposed Project Alternatives set forth in the Final EIR feasibly substantially
lessen or avoid the potentially significant effects that will not be substantially lessened
or avoided by adoption of all feasible mitigation measures.
4. Adoption of Mitigation Monitoring Program
As required by Public Resources Code Section 21081.6, the City Council adopts the
Mitigation Monitoring and Reporting Program attached hereto as Attachment C. The
City Council finds 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.
5. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures, certain significant
environmental effects caused by the Project will remain. Therefore, the City Council of
the City of Chula Vista issues, pursuant to CEQA Guidelines Section 15093, a Statement
of Overriding Considerations, attached hereto as Attachment D, identifying the specific
economic, social, and other considerations that render the unavoidable significant adverse
environmental effects still significant, but acceptable.
6. Notice of Determination
The City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
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PASSED AND APPROVED BY THE CITY COUNCIL OF CHULA VISTA, CALIFORNIA,
this day of 1993 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
City Attorney
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