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HomeMy WebLinkAboutPlanning Comm Reports/1992/10/14 (14) City Planning Commission Agenda Item for Meeting of October 14, 1992 Page 2 2. PUBLIC HEARING: GPA-93-01, PCM-92-16, PCS-92-05, PCS-93-01: Consideration of General Plan Amendment, El Rancho del Rey Specific Plan - Commercial Center Amendment, and Rancho del Rey SPA I Plan Amend- ment; Planned Community District Regulations Amendment, RDR Employment Park Design Guidelines Amendment; Tentative Maps Chula Vista Tracts 92-05 and 93-01; Air Quality Improvement Plan; Water Conservation Plan; Public Facilities Financing Plan; Development Agreement; CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations Staff and applicant have mutually agreed to continue this item to the Planning Commission meeting of October 28, 1992, in order to conclude a number of issues where information was not complete. October 15, 1992 TO: PLANNING COMMISSION FROM: Gordon Howard, Principal Planner~)?~~ SUBJECT: SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN RESOLUTION OF APPROVAL Attached you will find a slightly revised copy of the San Miguel Ranch General Development Plan Resolution of Approval, should the Commission choose to recommend approval of this project at the conclusion of the October 19, 1992 public hearing on the matter. The changes made are of a legal and grammatical nature only, and have no substantive effect upon the content of the document. DRAFT SAN MIGUEL RANCH RESOLUTION OF APPROVAL RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF CHULA VISTA THAT THEY APPROVE THE SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN 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 Parcel") and 738 acres ("Southern Parcel"), 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 from the pUblic on the draft Environmental Impact Report were accepted from December 7, 1991 to February 5, 1992; and 1 WHEREAS, the City Planning Commission held an 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 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 "Preservation Plan;" and WHEREAS, a second addendum was prepared to the Draft Environmental Impact Report which also analyzed the "Modified Concept Plan" and includes an alternative finding for the issue of general plan consistency and includes 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 have been 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 and directed staff to revise the second addendum to the Draft Environmental Impact Report to find that the applicant has no right to transfer density from areas designated Open Space on the Chula Vista General Plan on the Northern Parcel to the Southern Parcel, and directed staff to work with the applicant and other interested parties in attempting to address the impacts to biological resources on the Northern Parcel to the satisfaction of all parties; 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 2 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: 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) which contains 1) the Draft Environmental Impact Report, 2) Comments and Responses to Comments on Draft EIR, 3) An addendum describing modifications to the applicant's proposed proj ect (Mitigation Concept Plan), and 4) a second addendum describing alternative findings for general plan consistency and alternative mitigation measures for impacts to biology (which, however, do not change the finding of significance within the Draft EIR). b. Appendices A through J to the Environmental Impact Report dated December, 1991. 2. The Final EIR has been reviewed an considered by the Planning commission of the City of Chula vista. 3. The Final EIR reflects the independent judgment of the City of Chula vista Planning commission. 4. The Final EIR is hereby certified by the Planning commission 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 1. Pursuant to Section 19.48.020, the Planning commission 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 comprehensi ve planning, and that therefore this application complies with Section 19.48.020 2. As required by Section 19.48.050, the Planning Commission makes the following findings, and recommends that the City Council make 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 3 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 Low Residential (0-3 dujac). The applicant's proposed lots meet the test of "rural and estate- type" lots called for in the text, and proposes no lots below the minimum size of 7,000 square feet for clustered lot areas. 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 may not contain any density transferred from open space areas on the Northern Parcel 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. Since the Horseshoe Bend and Gobbler's Knob landforms do not offer suitable bases to pursue hillside development, and since these two landforms are not significant enough to warrant protection, the provisions of section 6.5 -- Hillside Development do not apply. 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 4 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, mid-size "luxury" lots, and estate lots which is compatible with the surrounding areas. 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 uses, this finding is not applicable project. research to this e. In the case of institutional, recreational, and other similar nonresidential 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 and adequate to carry the thereon. proposed are suitable anticipated traffic This finding is met. All streets and thoroughfares meet City of Chula vista public road standards and traffic threshold standards. 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 5 is economically justifiable adequate commercial facilities and surrounding areas. and will provide to serve the project h. The area surrounding said development can be planned and zoned in 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) ZONE APPROVAL The Planning Commission recommends that the City Council adopt the General Development Plan known as the "Mitigation Concept Plan" and the Planned Community (P-C) 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, unless the applicant can demonstrate that compliance should be deferred to subsequent discretionary permit approvals: 1. 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. 2. Prepare a detailed plan for visual separation from the existing San Diego Gas & Electric Miguel Substation and expansion area through landscaping, topography variation, and homesite orientation. 3. 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. 4. Prepare a runoff protection system plan for the Sweetwater Authority which is approved by the Sweetwater Authority and the County Department of Health Services. 5. 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. This condition must be 6 complied with prior circumstances, and may discretionary action. to SPA approval under any not be deferred to a subsequent 6. Provide a brush management plan which analyzes and reduces impacts related to placing homes in close proximity to large areas of natural vegetation. 7. The dwelling unit total of 1,654 units shown in the General Development Plan is approved in principle. The ul timate 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. 8. 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 Parcel or the applicant waives all development opportuni ties on the Northern Parcel, and 2 ) it is determined by the Chula Vista city Council that given the eventual disposition of the Northern Parcel 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 Parcel into its corporate boundaries. 9. 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 second addendum. If the Northern Parcel is subsequently dedicated as permanent open space or included in a mitigation bank, then this requirement shall be deemed satisfied. 7 CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS 1. Adoption of Findings The Planning Commission does hereby approve and incorporate as if set forth full herein, and make each and everyone of the CEQA Findings attached hereto. 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 Planning Commission hereby finds and recommends that the City Council find 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 Planning Commission finds and recommends that the City Council find that the remainder of the proposed mitigation measures, identified therein as 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 Planning Commission hereby adopts, and recommends that the City Council adopt, the Mitigation Monitoring and Reporting Program set forth in the FEIR (as amended to reflect the second addendum) and incorporated by this reference as if set forth in full. The Planning Commission recommends that the Council find 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 Planning Commission recommends that the city Council of the City of Chula Vista issue, pursuant to CEQA Guidelines Section 15093, a statement 8 of Overriding Considerations, attached hereto, 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 Planning Commission recommends that the City Council direct the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. PASSED AND CALIFORNIA, wit: APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, this day 14th of October 1992 by the following vote, to AYES: Commissioners NOES: ABSENT: ABSTENTIONS: Laverne E. Decker, Vice-Chairman Nancy Ripley, Secretary 9 October 12, 1992 To: Chairperson and Members of Planning Commission From: Gordon Howard, principal Planner~ ~ Subject: Rancho San Miguel - General Development Plan On September 30, 1992, the Planning commission held a public hearing to consider the proposed San Miguel Ranch General Development Plan and Environmental Impact Report. At that time, the Planning commission continued this matter to the meeting of October 14, and provided direction to staff regarding specific General Plan consistency issues, as well as conditions regarding a biological mitigation plan, and requested that staff return with a revised "Second Addendum" to the final EIR which reflects this direction. In response to this direction, the Planning Department has amended the Second Addendum as follows: . the section on General Plan consistency (pp. 3-4 to 3-12) has been revised to reflect the Commission's determination that the applicant's proposed plan is consistent with the City of Chula vista's General Plan in all areas except in regard to the transfer of density from open space on the northern parcel to the southern parcel. . The section of the Addendum on Biological Resources (pp. 3-13 to 3-37) has been revised to respond to concerns raised by City staff and other interested parties. specific revisions were made to reinforce the requirement that the northern parcel be evaluated as part of the South County Natural community Conservation Program (NCCP) prior to approval of a sectional Planning Area Plan for the northern parcel. In addition, the mitigation requirements for the overall project have been revised in response to comments received from the city's biologist and other interested parties. The Planning Department has circulated the revised Second Addendum to interested parties, including State Department of Fish and Game and U.S. Fish and wildlife Service, and will forward any additional comments to you prior to your meeting on October 14. If the Planning commission agrees that the attached Second Addendum adequately reflects your position on the issues described above, the following actions would be appropriate: 1) adoption of the attached Planning commission resolution recommending approval of the General Development Plan; certifying the final EIR, including the addenda as revised; and adoption of CEQA findings and statement of overriding considerations; 2) adoption of the draft mitigation monitoring program, with direction to staff to revise the document to reflect changes resulting from the Second Addendum. Also included is material received from Michael J. Roark, Attorney, and a letter from the Sweetwater Planning Group, both of which assert that the proposed San Miguel Ranch project was not analyzed against the Sweetwater Community Plan in either the EIR or the report from staff on the GDP. Staff will respond to any questions concerning this material at the public hearing. GHH:BR/nr (rsmadd2.mem)