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HomeMy WebLinkAboutPlanning Comm Rpts./1995/11/08 (5) PLANNING COMMISSION AGENDA STATEMENT Item _1_ Meeting Date: November 8, 1995 ITEM TITLE: Public Hearing: EIR 95-01; Consideration of comments on the Otay Ranch Sectional Planning Area (SPA) One and Annexation Draft Second-Tier Environmental Impact Report (EIR) On September 25, 1995, the SPA One Draft EIR was filed with the State Clearing House opening the 45-day public review period. City of Chula Vista procedures require the Planning Commission to hold a public hearing to receive public comments on the Draft EIR The EIR public review period ends with the closing of the Planning Commission public hearing. The Draft EIR evaluates environmental impacts of SPA One, the proposed Otay Ranch General Development Plan (GDP) amendments and annexation of Planning Areas One and Three of the 1995 Sphere of Influence (SOl) Update Study and the Mary Patrick Estate parcel of the Otay Ranch. ISSUES: The following impacts were identified as significant and unmitigated project level impacts by the Draft EIR: . Landform Alterations/Aesthetics , Air Quality . Noise . Transportation, Circulation and Access . Land Use, Planning and Zoning . Cumulative Impacts RECOMMENDATION: It is recommended that the Planning Commission conduct the public hearing on the Draft Second-Tier EIR (EIR 95-01), close the public hearing and EIR public review period and direct staff to prepare the Final EIR including Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations. Boards/Commissions Recommendations: The Resource Conservation Commission (RCC) met on September 25, 1995 and on October 23, 1995 to review the Draft Second-Tier EIR The RCC voted unanimously to accept the Draft EIR as being prepared in accordance with the requirements of the Page 2. Item.-L Meeting Date 11/8/95 California Environmental Quality Act (CEQA), the State EIR Guidelines and the procedures of the City ofChula Vista with the following amendments The biological impacts are significant and not sufficiently mitigated. Specific concerns of the RCC include: Coastal Sage Scrub mitigation ratio of 0.4: 1 Loss of Cactus Wren habitat Grading of south facing slopes on Poggi Canyon Habitat preserve protection from construction of Orange Avenue west of Pas eo Ranchero Coastal Sage Scrub and Maritime Sage revegetation success criteria Pond sampling for sensitive species in spring Minutes of the RCC meeting are attached to this agenda statement for the Planning Commission's review along with responses to the RCC concerns DISCUSSION: A. Background The Draft EIR evaluates environmental impacts of SPA One, Villages One and Five of the Otay Ranch, six minor amendments to the Otay Ranch GDP and annexation of Planning Areas One and Three of the 1995 Sphere of Influence Update Study and the Mary Patrick Estate to the City. The Draft ErR is a second-tier document that incorporates, by reference, the GDP ErR and Sphere of Influence (SOl) EIR to focus the analysis on impacts that have not been previously analyzed on site-specific level. The analysis in the Draft ErR is based on the worst case scenario for each topic contained within the report. Through the competitive bid process the firm of Cotton/Beland/ Associates was selected to prepare the SPA One EIR. On January 30, 1995, the City, the project applicant and Cotton/Beland entered into a three party agreement for the preparation of the EIR. B. Project Description The Draft ErR analyzes the SPA One Plan submitted by the project applicant to the City on July 22, 1994. Refinements have been made to that plan as more detailed information and studies have been prepared for the SPA. SPA One is comprised of Villages One and Five of the Otay Ranch GDP. SPA One covers 1,0612 acres in the northern portion of the Otay Valley Parcel. The project area is generally located south of Telegraph Canyon Road between Paseo Ranchero and the future alignment ofSR-125. While a portion of Village One is located west of Pas eo Ranchero, no development entitlements are sought at this time as described pcsreir.doc 11/3/95 Page 3, Item-L Meeting Date 11/8/95 in the SPA document. SPA One proposes a total of 5,758 dwelling units utilizing the village concept which provides parks, schools, commercial and community purpose facility sites in each village Light-rail transit is planned to serve both villages in the future C. Analysis Project level and cumulative impacts were identified and divided into three categories significant and unmitigable, significant but mitigable to a less-than-siginficant level and less than significant. These impacts are: 1. Significant and unmitigable project level environmental impacts Landform Alterations/Aesthetics The Draft EIR identifies impacts to steep slopes on-site in Villages One and Five Due to the neo-traditional, pedestrian orientation of the village concept, it is not feasible to avoid all steep slopes on site. The total development of the Otay Ranch will, however, achieve the performance standard identified in the GDP (i.e., preserve at least 83% of steep slopes) impact on a Ranch-wide basis Mitigation measures have been incorporated into the project design to the extent feasible. Scenic corridors have been planned along Telegraph Canyon Road and Orange Avenue Landscaping and sensitive grading design guidelines have been included in the project design. Air Quality Because the Otay Ranch GOP was not included in the SANDAG Series VII growth forecast, the GOP, including SPA One, exceeds the current Regional Air Quality Standards (RAQS). The GDP Findings of Fact (FOF) anticipated this and Overriding Considerations were adopted RAQS mitigation measures were required as conditions of approval. The significant impact occurs from an increase in emissions. The pedestrian orientation of the village concept will help reduce project emissions, although not to a less-than-significant level. Noise There are no noise impacts on humans associated with the project that cannot be mitigated to a level below significant The GOP Findings of Fact established a 60 dBA Leq level of significance for Gnatcatcher habitat. Noise impact on areas containing Coastal Sage Scrub located along Paseo Ranchero and East Orange Avenue cannot be mitigated below the GDP Findings of Fact level. Mitigation measures to reduce the noise impacts are infeasible, However, a resent biological report prepared by Pacific Southwest Biological Services for the MCA EIR concluded that Gnatcatchers do occupy areas with high ambient noise levels, The data in the ErR suggest that birds can tolerate relative high noise levels for prolong periods but no conclusive studies have been conducted Based on this new information, staff believes that the finding of significance for noise impacts on Coastal sage scrub habitat may now be considered as less than significant. pcsreir.doc 11/3/95 Page 4, Item-L Meeting Date 11/8/95 Transportation, Circulation and Access The Draft EIR traffic studies were based on the direction of the Transportation Technical Subcommittee regarding the assumptions, methodology and scope of analysis The Technical Subcommittee was made up of representatives from the Otay Ranch Project Team, SANDAG, Caltrans, California Transportation Ventures, MTDB, San Diego County, Urban Systems, the project applicant, CottenlBeland and BRW. Four networks were tested in three time frames for the years 2000, 2005 and 2010. The study was performed to analyze the impacts of SPA One and mitigation measures necessary to maintain acceptable peak hour traffic conditions. The study analyzed a number of street segments and intersections to determine the level of service (LOS) of those facilities at SPA buildout in the year 2010. In addition, an analysis was performed to determine what the project impact was to those locations. The analysis determined whether the project had a significant impact or not by using a project contribution factor of 800 trips per day, 5% of the total build out volume and whether a reduction in LOS occurred compared to the No Project Alternative The only significant and unmitigated impacts associated with buildout of the project are on the freeway system The Draft EIR recommends that the project applicant participate in freeway deficiency planning by SANDAG and Caltrans to implement freeway improvements and fund those improvements on a fair share basis. Land Use, Planning and Zoning The conversion of existing vacant and agricultural land to urban use is considered a significant unavoidable impact. The GD P EIR identified this impact, as did the Findings and Statement of Overriding Considerations. Mitigation measures ensure proper planning and development review. Land use impacts can be minimized if all site-specific development is reviewed for compliance with the SPA One Plan. Impacts remain significant, however. 2. Significant, but mitigable project level environmental impacts Impacts in the following categories for SPA One can be mitigated to a level below significance with the implementation of mitigation measures Cumulative impacts remain significant. Biological Resources Cultural Resources Geology and Soils Paleontological Resources Water Resources and Water Quality Public Services and Utilities (Water, Sewerage, Schools, Waste Management) Hazards/Risk of Upset pcsreir.doc 11/3/95 Page 5, Item --L Meeting Date 1118/95 Mitigation measures are attached to this agenda statement for the Planning Commissions' review 3. Less than significant project level environmental impacts Impacts in the following categories were determined to be less than significant Agricultural Resources Population and Housing Public Services and Utilities Parks, Law Enforcement, Fire Protection/EMS, Animal Control, Civic Services and Library 4. Cumulative Environmental Impacts The GDP ErR provides a comprehensive examination of build out of the Gtay Ranch GDP and other major projects in southern San Diego County. These projects will convert over 30,000 acres from vacant and agricultural uses to urban development with landform alterations from vacant to urban uses. Biological, cultural and paleontological resources will be lost and an increase population will be exposed to potential hazards When considered in conjunction with other development projects in southern San Diego County, the following are considered significant and unmitigable cumulative environmental impacts: Land Use, Planning and Zoning Landform Alterations/Aesthetics Biological Resources Cultural Resources Agricultural Resources Air Quality Noise Transportation, Circulation and Access The following impacts can be mitigated or will have less than significant cumulative environmental impact Population and Housing Geology and Soils Paleontological Resources Water Resources and Water Quality Public Services and Utilities Hazards/Risk of Upset pcsrcir. doc 11/3/95 Page 6, Item -L Meeting Date 11/8/95 D. Project Alternatives Nine alternatives were analyzed as part of this Draft ErR, six for the SPA and three for the annexation SPA Alternatives A, B-1 and B-2 are generally based on the same land use pattern with a centrally located village core containing a future transit station adjacent to commercial uses The major differences focus on village access and school park locations Off-site alternatives were examined in the GDP ErR. The alternatives analyzed were: 1. No Project Alternative Under this alternative, SPA One would not be developed and the site would remain in its current condition While impacts associated with the project would be avoided, the No Project Alternative prevents the project objectives from being achieved, including preventing the City from meetings its future housing and employment needs. 2. SPA One Alternative A Land Use Plan Alternative A assumes the development of 5,758 dwelling units. The village core in both villages are centrally located. Alternative A represents the location of neighborhood parks as directed by the Policy Committee. Three park sites of 31, 6.5 and 11.1 acres have been identified for Village One. Village Five has four park sites of 20, 2.9, 5.0 and 7.0 acres. Two 12-acre school sites are proposed in this alternative adjacent to the centrally located park in both villages. This alternative provides a third access point into the Village One core from East Orange Avenue. This road is intended to align with the access into Village Two to the south. The third access to Village Five under this alternative is to EastLake Parkway. 3. SPA One Alternative B-1 Land Use Plan Alternative B was the project applicant's initial revision to City staff comments on the original application The basic village layout is similar to Alternative A except for the smaller pedestrian parks, only two access points into Village One and a third access to Village Five off Telegraph Canyon Road. The large park locations and size remain the same. The school/park site in Village One is oriented differently, and the school site in Village Five is located to the east of the village core. 4. SPA One Alternative B-2 Land Use Plan The B-2 Alternative is the applicant's current proposal which provides an initial access to Village One off Telegraph Canyon Road. This access is proposed to enable the applicant to phase the village construction without requiring the major infrastructure improvement costs of La Media in the initial phases. Pedestrian parks are proposed and the school/park site in Village One is located south of Palomar Street. The Village Five school/park site is located on the northern part of the core. pcsreir.doc 11/3/95 Page 7, Item-L Meeting Date 11/8/95 5. SPA One Alternative C Land Use Plan Because of the project's significant impact on coastal sage scrub habitat, Alternative C relocates Paseo Ranchero to the east to avoid coastal sage scrub habitat in Poggi Canyon. North/south community circulation and the transit alignment through both villages are not achieved in this alternative. 6. Existing General Development Plan Alternative This alternative would not require a General Development Plan amendment to separate the area west of Paseo Ranchero and include it in a subsequent phase of development. Development under this alternative would result in the same type of land uses and densities as proposed in the SPA One Plan but would include the area west of Paseo Ranchero. 7. Annexation Alternatives The Draft EIR found that environmental impacts associated with the three different annexation alternatives were similar. The Draft ErR alternative section provides a description of the alternatives plus a comparison between the different alternatives and the proposed project. Alternative B-2 has become the proposed project, and Annexation Alternative A is the area that was selected by the City Council for annexation application to LAFCO. E. Public Comments Since the public review period closes on November 8, 1995, public comments received to that date will be distributed at the Planning Commission meeting. All the comments received on the Draft ErR, both written and oral, will be responded to in the "response to Comments" section of the Final ErR adopted by the City CounciL Attachments L Exhibits: Resolution ErR 95-01 2. Board/Commission/Committee minutes: RCC October 23, 1995 minutes and RCC comment responses 3. Environmental Documents Disclosure Statements 4. Miscellaneous: Draft EIR comments received as of November 2, 1995 pcsreir.doc 11/3/95 RESOLUTION EIR 95-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING TIlE FINAL SECOND- TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) FOR TIlE OTA Y RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND RECOMMENDING CERTIFICATION TO THE CITY COUNCIL WHEREAS, the City of Chula Vista circulated a request for proposals to prepare an environmental impact report for the Otay Ranch SPA One Plan and selected the firm of CottonIBeland! Associates out of nine candidate firms to prepare the Environmental Impact Report (EIR). On January 30, 1995, the City, CottonlBeland/Associates and The Baldwin Company entered into a three party contract where the City managed the preparation of the EIR, Cotton/Beland! Associates prepared the EIR and the Baldwin Company reimbursed the City for the full cost ofEIR preparation, and; WHEREAS, the firm of CottonlBeland/ Associates has prepared a Draft Second-tier Environmental Impact Report (DEIR 95-01) on the Otay Ranch SPA One Plan, General Development Plan Amendments, PC Zone Changes and Prezoning, and; WHEREAS, this Second-tier EIR incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. Program EIR 90-0 I was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, the Chula Vista Planning Commission, on November 8, 1995, held a duly noticed public hearing to take public testimony on the adequacy of the information in the DEIR 95-01 and directed that the Final Environmental Impact Report be prepared including the responses to the comments received on the DEIR, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and Applicant and its successors in interest, to implement those measures. These findings are not merely informational or hortatory but constitute a binding set of obligations that will come into effect when the City adopts the resolutions approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings, and will be effectuated through the process of implementing the project. Planning Commission SP A One EIR Resolution Page 2 NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION of the City of Chula Vista does hereby find, detennine, resolve and order as follows I. FEIR CONTENTS That the FEIR consists of the following: A Final Environmental Impact Report 95-0 I. B. Appendices I-IV to the Final Environmental Impact Report. C Technical studies and information incorporated in the responses to comments D. Additionally, this FEIR was prepared in concert with two prior Program EIRs the Otay Ranch GDP/SRP EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact, Mitigation Monitoring and Reporting Programs and technical appendices and associated comments. Analysis of regional issues, including off-site alternatives, are included in those documents. II. FEIR REVIEWED AND CONSIDERED That the Planning Commission of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-0 I and the environmental impacts therein identified for this Project, the Findings of Fact (Attachment "A" to this Resolution) and the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program (Attachment "B" to this Resolution) and the Statement of Overriding Considerations (Attachment "C" to this Resolution) prior to approving the Project Copies of said attachments are on file in the Planning Department office. III. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 95-01, the Findings of Fact (Attachment "A" to this Resolution), the Mitigation Monitoring and Reporting Program (Attachment "B" to this Resolution) and the Statement of Overriding Considerations (Attachment "C" to this Resolution) are prepared in accordance with the requirements of CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. C:\EIR95_0I.DOC Planning Commission SPA One EIR Resolution Page 3 IV. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FEIR 95-0 I reflects the independent judgment of the City ofChula Vista Planning Commission and the City ofChula Vista staff V CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A Adoption of Findings of Fact The Planning Commission does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Attachment "A" of this Resolution. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-0] and in the Findings of Fact for this project, which is Attachment "A" to this Resolution, the Planning Commission hereby finds pursuant to Public Resources Code Section 2108] and CEQA Guidelines Section ] 509] that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement same. C. Unfeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-0] and in the Findings of Fact for this project, which is Attachment "A" to this Resolution, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is unfeasible. D. Unfeasibility of Alternatives As more fully identified and set forth in FEIR 95-0] and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution, the Planning Commission hereby finds pursuant to Public Resources Code Section 2] 08] and CEQA Guidelines Section ]509] that alternatives to the project, which were identified as potentially feasible in FEIR 95-0], were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, Planning Commission hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in C:\EIR95 OI.DOC Planning Commission SP A One EIR Resolution Page 4 Attachment "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The Planning Commission hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible altematives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain Therefore, the Planning Commission recommends that the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Attachment "C", identifYing the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council certifY Final EIR 95-0 I. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this November 17, 1995 by the following vote, to wit AYES NOES ABSENT: ATTEST: William C. Tuchscher II Chainnan Nancy Ripley, Secretary C:\ElR95_0IDOC Planning Commission SP A One EIR Resolution Page 5 Attachment A, the Findings of Fact, Attachment B, the Mitigation Monitoring and Reporting Program and Attachment C, the Statement of Overriding Considerations, all referenced in the above document, will be provided prior to the adoption ofEIR 95-0]. C:\EIR95_0I.DOC RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) FOR THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the City of Chula Vista circulated a request for proposals to prepare an environmental impact report for the Otay Ranch SPA One Plan and selected the finn of CottonlBelandl Associates out of nine candidate finns to prepare the Environmental Impact Report (EIR). On January 30, 1995, the City, CottonlBelandlAssociates and The Baldwin Company entered into a three party contract where the City managed the preparation of the EIR, CottonlBelandl Associates prepared the EIR and the Baldwin Company reimbursed the City for the full cost ofEIR preparation, and; WHEREAS, the finn of CottonlBelandl Associates has prepared a Draft Second-tier Environmental Impact Report (DEIR 95-01) on the Otay Ranch SPA One Plan, General Development Plan Amendments, PC Zone Changes and Prezoning, and; WHEREAS, this Second-tier EIR incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. Program EIR 90-0 I was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, the Chula Vista Planning Commission, on November 8, 1995, held a duly noticed public hearing to take public testimony on the adequacy of the infonnation in the DEIR 95-0 I and directed that the Final Environmental Impact Report be prepared including the responses to the comments received on the DEIR, and; WHEREAS, to the extent that these findings conclude that proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These fmdings are not merely infonnational or hortatory but constitute a binding set of obligations that will come into effect when the City adopts the resolutions approving the Project The adopted mitigation measures are express conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the project Resolution No Page 2 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 on the Draft EIR held on November 8, 1995, and their public hearing held on this Project on November 15, 1995, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents along with any documents submitted to the decision makers shall comprises the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. II. FEIR CONTENTS That the FEIR consists of the following: A. Final Environmental Impact Report 95-01. B. Appendices I-IV to the Final Environmental Impact Rcport C. Technical studies and information incorporated in the responses to comments. D. Additionally, this FEIR was prepared in concert with two prior Program EIRs: the Otay Ranch GDP/SRP EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact, Mitigation Monitoring and Reporting Programs and technical appendices and associated comments. Analysis of regional issues, including off-site alternatives, are included in those documents m FEIR REVIEWED AND CONSIDERED That the City Council of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and the environmental impacts therein identified for this Project, the Findings of Fact, Attachment "A" to this Resolution known as document number ---' and the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program, Attachment "B" to this Resolution known as document number ---' and the Statement of Overriding Considerations, Attachment "C" to this Resolution known as document number ~ prior to approving the Project. Copies of said attachments are on file in the office of the City Clerk. C:\EIRRESO.DOC Resolution No. Page 3 IV CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepared in accordance with the requirements of the CEQA, the State EIR Guidelines and the Environmental Review Procedures of the City ofChula Vista. V INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 95-0 I reflects the independent judgment of the City ofChula Vista City Council. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND ST A TEMENT OF OVERRIDING CONSIDERATIONS A Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Attachment "A" of this Resolution known as document number ~, a copy of which is on file in the office of the City Clerk. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-0 I and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number ----' a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible C Unfeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-0 I and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number ----' a copy of which is on file in the office of the City Clerk, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is unfeasible C\EIRRESO.DOC Resolution No Page 4 D. Unfeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution known as document number ----' a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 were found not to be feasible E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "8" ofthis Resolution known as document number _, a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program. F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant environmental effects caused by the project, or cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Attachment "C", known as document number -' a copy of which is on file in the office of the City Clerk, identifYing the specific economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this project to ensure that a Notice of Determination filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision makers shall comprise the record of proceedings for any CEQA claims. C:\EIRRESO.DOC Resolution No. Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this December 19, 1995, by the following vote: YES NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A Authelet, City Clerk ST ATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss CITY OF CHULA VISTA) I, Beverly A Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 19th day of December, 1995. Executed this 19th day of December, 1995. Beverly A Authelet, City Clerk C:\EIRRESO.DOC MINUTES OF A SCHEDULED REGULAR MEETING D~4.' "r.~ .(1 ~ ''-or Resource Conservation Commission Chula Visa, California 6:30 P.M. Mondav. October 23, 1995 Conference Room #1 Public Services Building CALL MEETING TO ORDERJROLL CALL: Meeting was called u> order at 6:35 P.M. by Vice- Chair Marquez. Present: Commissioners Clark, Hall, Marquez, and Yamada. Fisher arrived late (6:40 P.M.). Excused absence: Burrascano. City Staff present: Barbara Reid. APPROVAL OF MINUTES: None. ORAL COlvIMUNICATIONS: None. },'EW BUSINESS: 1. Item #2 was taken out of agenda order. Michad Meacham presented a brief overview of the grant application u> the California Integrated Waste Management Board for Used Oil Block Grant of$73,361. A motion was made (HallIYarnada) to reeonunend adoption of the resolution approving submittal of the grant; vote: 4-0-1 (Fisher abstained as he arrived too late for the presentation); motion carried. 2. John Bridges, Larry Sward, and June Collins were present to respond to the questions put forth by RCC dated October 20, 1995, regarding the Otay Ranch Vl1lage I EIR. . Information was requested regarding a pond in '{J1lage I (100 yards south of the nlapped area) not included on any maps. The panel noted that they were unaware of the ponds existence and would look into it. . The panel stated that no surveys for turtles or spade-footed toads were conducted in either the Telegraph Canyon Road ponds or the Poggi Canyon marsh. The Commission noted that the survey protocol for the RMT is not adequate for certain species (reptiles and amphibians). Additional techniques (includes pitfall traps and drift fences) need to be incorporated. . The panel clarified that survey requirements are spelled out as to specific studies and preservation standards are set. . June Collins will provide the arroyo toad survey u> Staff to forward to RCC. . Further information was requested on the rosy boa. . Development of Otay Ranch will be substantially slower than plaMed if not annexed to the City ofChuJa Vista. . The concern was expressed of the difference ofthe numbers oflots permitted on some (Ross property) of non-Otay Ranch parcels was considerably greater if annexation to Chula Vista occurs. . The handling of the drainage basins are maintained by the City. 4::::.~'::::1~,:=~' ~:FFE'==, '::EI=f=ETHF'lHL 4'~:: F'C-:3 tU::::I11 0:: ',::0<= - - . -- DRAFT Resource Conservation ComnUssion Page 2 . The EIR indicates the Otay landfill is scheduled for closure in 1999, however, in reality, it may not close by then. . The projected LOS of"E" and "F' in the document was clarified that it refers to major intersections and that the mitigation excludes SR-12S. Significant impacts will vary trom SPA I depending on the phasing of building. An 1-805 ramp at Telegraph Canyon Road will be added to mitigate part of the traffic prob!em. The internal circulation of SPA I should be analyzed at SPA level. . A discrepancy was noted between dominant species listed during the gnatcatcher surveys and dominant species listed in the restoration target transects. June Collins will provide the reports for Staifto forward to RCC. . The RCC feels the success criteria of 60% for restoration and revegetation goals is inadequate. . John Bridges explained that within the RMP, some duties are assigned u> the County, some are assigned to the City, and the other functions are assigned to appropriate expens. All work is double-checked by the various agencies as provided in the Draft EIR. Approval of the Draft EIR has to happen in conjunction with SPA I and with all agencies involved. . The proposed .4 to 1 replacement mitigation ratio of coastal sage scrub was found inadequate by RCC depending solely on seeding was questioned. . The Otay Ranch GDP guidelines call for 100% cactus wren preservation. The proposed project impacts pairs. Restoration of cactus wren habitat has never been attempted and is sufficient mitigation. . Spring surveys for rare plants were not conducted; except for hemizonia, which was looked for but not observed. . To avoid the noise to homes located on the perimeter of the Village :&om approaching trolleys and trolley gates at intersections, these will be controlled only by traffic lights. . There is no consideration to enclose the MCA amphitheater as it currently meets the noise ordinance standards set by the City. . The development of SPA I will be using reclaimc:d water to the extent feasible. If it does not serve the entire SPA they'll add existing facilities. . Bio resources occur on the south-facing slope of Poggi Canyon; leaving the existing vegetation would lessen biological impacts sigriliicantly while not affecting project foot print or reducing housing density, . Sensitive plant species were not surveyed in the spring; . A question was raised on the release of methane gasses :&om the Otay landfill; this was not addressed in its reports. Gasses could possibly be spread fi:om southwest prevailing winds back onto Otay Ranch. Otay Ranch should not consider this and will be clearing it out. . A 4d pennit will be applied for as necessary. . A library is planned in the eastern urban center. There is City opposition to the public library located in the schools, as is done at Eastlake High School. The RCC recommended reconsideration to avoid the need for additional infrastructure and duplication. ~:::::~,J>::: :::::=. E::PPESS :::E.:FE7~Fr~L ~.~~ F,()~ f~[iI I D~ -- -- DRAFT Resource Conservation Commission Page 3 . There is currently no opposition of the project from property owners who are working with the builders. However, the owners on the southwest comer of the project area, currently pre-zoned for general development, could possible oppose. A motion was made by Hall, seconded by yamada to accept the Draft EIR of the Otay Raach Village I and Village V as being adequate according to the CEQA guidelines, under the following conditions: . that biological impacts be considered not sufficiently mitigated, specifically: . .4 mitigation ratio of the coastal sage scrub which the Commission feels is too low; . the loss of cactus wren and cactus wren habitat; . a study of whether the tricolored blackbirds were a breeding or foraging population; . the area west ofPaseo Ranchero to be pla.ced within the preserve must be fenced and protected as a condition of project approval in order to comply with GDP guidelines which mandate that future preserve land be preserved in its original state; . success criteria for revegetation should be more stringent; . impacts to maritime succulent scrub are not adequately mitigated; . the ponds (cattle tank) located south of me Telegraph Canyon Road and Pasco Ladera vicinity are not plotted or addressed; conduct survey and sample for sensitive species (spade-foot toads and pond turtles in the spring at this pond and Poggi Canyon marsh); . eliminate the grading of the south-facing slope of the Village I as there is an unnecessary grading; . check for released methane gasses from the Otay landfill which could possibly be spread from southwest prevailing winds back to Otay Ranch, Vote: 4-0; motion carried. Other comments will be forwarded u> Otay Ranch staff in the form of minutes of the meeting. Comments on the RMP will be forthcoming at a future meeting. 3. Negative Declaration for 15-94-08, Reconstruction and resurfacing of Broadway and Naples Street to Anita Street. The RCC raised concerns that the timing of this project would interfere with potential Cluistmas sales in this high development area. They would like to know the existing conditions prior to reconstruction. This item will be postponed to the next meeting. 4. Review of Planning Commission Agenda for October 25, 1995: PCM-96-10, Request to exceed the Floor Area Ratio on 47 of the 135 lots within the Los Palacios subdivision: exempt from environmental review; no action by Commission. .....:=:.:=.:c1t:::::.:=.: E. PFE='=, .oE':FET riF : HL -!'::''::': FO~ ~ ii:,1 I 0.:2 . '::.:::: - D,,:",,. ."""r 1;lr~ M~--1r : Page 4 Resollfce Conservation Commission Conditional Use Permit PCC-95..48; Request to construct and operate a cellular communications facility located at 625 "If' Street: exempt from environmental review; no action by Commission. RCC questioned why this item was not presented as a negative declaration with a visual or other environmental impact. STAFF REPORT: None. CHAIRMAN'S COMMENTS: None. COMMISSIONER'S COMMENTS: Fisher would like to see the reports to be forwarded by June Collins. ADJOURNMENT: The meeting was adjourned by Vice-Chair Marquez at 10:15 P.M. Respectfully submitted, EXPRESS SECRETARIAL SERVICES " L!::)aMCflvv ~~ Barbara Taylor OCT 2 7 Q6 MEMORANDUM DATE: October 27, 1995 TO: Members of the Resource Conservation Commission FROM: Barbar~ Reid, Associate Planner SUBJECT: Ota)' Ranch SPA I EIR At the meeting of October 23, 1995, a number of questions were asked that June Collins from Dudek & Associates stated she would respond to in writing. Responses from Dudek & Associates are attached.