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HomeMy WebLinkAboutPlanning Comm Rpts./1996/03/27 (10) PLANNING COMMISSION AGENDA STATEMENT Item ~ Meeting Date: March 27.1996 ITEM TITLE: Public Hearing: PCM 95-09; Consideration of six General Development Plan Amendments to the Otay Ranch General Development Plan. Six amendments to the Otay Ranch General Development Plan (GDP) have been proposed by the applicant and are being recommended by City staff. Two of the amendments address processing requirements for the first Sectional Planning Area (SPA). The other four address text amendments to clarifY GDP language and requirements. The amendments are indicated in this agenda statement by strikeouts and underlining. ISSUES: There are no unresolved issues between the project applicant and City staff. RECOMMENDATION: That the Planning Commission conduct the Public Hearing on the proposed amendments (pCM 95-09) to the Otay Ranch General Development Plan, close the hearing and direct staff to prepare a resolution recommending to the City Council approval of the General Development Plan Amendments. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: During the processing of SPA One, the SPA One Applicant and Project Team identified several areas of the existing Otay Ranch General Development Plan that required amendments. 1. Master Planned Villages The GDP Land Use Plan Implementation Section, page 113, requires: "Each village must be master -planned as a unit" The applicant has applied to amend the Otay Ranch GDP to delete this requirement ITOm the plan because they do not wish to seek SPA level approvals for the area located west of Paseo Ranchero at this time. The area is separated by Paseo Ranchero, an arterial road, and contains coastal sage scrub habitat, which would be avoided at this time. PCSRGDP2.DCO 11/8/95 ~~l Page 2, Item.1 Meeting Date March 27. 1996 Staff believes the language proposed by the Applicant is too broad and should be scaled back to apply only to those areas where there exist some rationale for permitting planning separate ITom the remainder of a designated village or planning area. Staff has identified three areas of the GDP Land Use Plan map where it would be appropriate to amend the GDP to enable these areas to develop separate ITom the village in which they are located. . The Inverted "L": The Inverted "L" is part of Village 14 in Proctor Valley. This area is recommended to be included in the City's Sphere of Influence area since it relates more topographically to the existing City than to Proctor Valley. Thus, it is reasonable to assume that it will be planned separate ITom the rest of Proctor Valley. . West of Pas eo Ranchero: Areas of Village Two and Village One are located west of Paseo Ranchero and are separated ITom the Village Core by arterial streets. Those areas relate more to master planned communities to the west (Sunbow) than to the villages in which they are located. This area also contains coastal sage scrub habitat which could be avoided with the amendment. . Ranch House: The Ranch House property (Mary Patrick Estate) is part of Village 13 in the GDP. However, this area is adjacent to the north and south of the EastLake projects and is physically separated ITom Village 13. It is recommended that the GDP be amended as follows (page 113): "Each village must be master -planned as a unit, except for the areas of Village One and Two west of Paseo Ranchero. the Inverted "L" and the Mary Patrick Estate property. which may each have their own SPA Plan approved separate ITom development of the remainder of the village or planning area" 2. Agricultural Irrigation The GDP policies prohibit an increase in irrigation for farming purposes. The proposed GDP amendment would allow irrigation if authorized by the Preserve Owner/Manager. It is recommended that the GDP be amended as follows (page 384): "No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved by the Preserve Owner/Manager" There is no apparent rationale for the irrigation prohibition within any of the Otay Ranch documents There are opportunities for nursery and truck farm operations on the Otay Valley parcel. Each SPA is required to address potential conflicts between urban development and agricultural uses as part of the SPA agricultural plan. Staff recommends that the Preserve Owner/Manager be given the discretion to determine if additional irrigated farm land is appropriate for Otay Ranch. PCSRGDP2.DOC March 13, 1996 ~~ Page 3, Item-1 Meeting Date March 27. 1996 3. Practical Use of Solar Energy Systems The Otay Ranch Program EIR Findings of Fact provide that SPA plans must incorporate "solar heating to heat water for domestic uses and for swimming pools" (page 119). The project applicant has proposed that this standard be modified due to practical limitations of solar energy systems. The limitations of using passive solar water heating were reported in the 1992 Energy Technology Status Report prepared by the California Energy Commission. The report concludes that those obstacles include high capital costs, loss of tax incentives, lack of suitable sites, adverse structural requirements, aesthetic impacts of equipment, poor public opinion of solar systems and lack of manufactures and suppliers. In addition, participants in the drafting of the 179-page Findings of Fact recall that the reference to domestic water heating was to be deleted from the Findings. However, an inadvertent drafting error left the language in the text. The following amendment to the GDP would repair the mistake. This change would not result in altering the determination of significance in the GDP EIR. It is recommended that the GDP be amended as follows (page 393): Use solar energy systems, as practical 4. Transit Policies This amendment addresses two issues: flexibility of transit alignments and the appropriate time to dedicate transit rights-of-way. SPA One realigns the light rail transit through Village One from the GDP alignment. The Village Cores are conceptually located on the GDP land use maps and are more precisely located on the SPA One land plan. The transit stations are planned in the center of the Village Core. The new alignment is proposed to run from Telegraph Canyon Road up to Palomar Street in the area west of Paseo Ranchero in order to serve the Village One Core. The GDP Village Core policies indicate the cores are conceptually shown on the land use map and are allowed to shift based on more detailed studies. The same flexibility for transit alignment is not clear in the Land Use and Mobility chapters. The proposed amendment allows the transit alignment to shift based on the village core policies. In addition, there is a technical problem with the reservation and dedication requirements of the SPA. Right-of-way is dedicated at the final map stage. Dedication at the tentative map stage could only be accomplished by a grant of easement for right-of-way. Dedication at this stage is premature since the final map and improvement plans need to be coordinated and consistent. The recommended amendment requires transit line dedication as a condition of tentative map approval. It is, therefore, recommended that the GDP Village Definition and Organization, Transit Policies (page 102) be amended as follows PCSRGDP2.DOC March 13, 1996 1// Page 4, Item]. Meeting Date March 27. 1996 Each village is planned to facilitate alternative methods of transportation. The land use and circulation patterns of urban villages are organized around transit service and facilities. A significant alternative means of transportation is the trolley system. Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: . Transit line rights-of-way shall be reserved apDroximately located at the SPA level and irrevocably effered will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve. . Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrevecaely effered will be conditioned for dedication at the Tentative Map level within village core areas. The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes oftransportation: . A 25-foot transit right-of-way shall be reserved aDDroximately located at the SPA level and irrevecably effered will be conditioned for dedication at the Tentative Map level within Village Entry Streets designated as transit routes. . Because the GDP/SRP village core locations are conceptuallv located on the Land Use Map and are to be approximately located at the SPA level consistent with the GDP/SRP goals, obiectives and policies. the transit line alignment on the Land Use Map may also shift to serve the village core based on an analysis required by the village core Dolicies. Precise transit alignment will be determined with the DreDaration of final maps and improvement plans. It is further recommended that the transit right-of-way and transit stop policies for Villages One, Five, Six, Nine and Planning Area Twelve (pages 123,144, 147, 148, 160 and 178) be amended as follows: . Transit line rights-of-way shaH be reser/ed approximately located at the SPA level and irre'lecably etrered will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve. . Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrevecably effered will be conditioned for dedication at the Tentative Map level within village core areas Transit stop policies for Villages Two, Three, Four, Seven and Eight, (pages 128, 133, 139, 152 and 155) are recommended to be amended as follows: PCSRGDP2.DOC March 13, 1996 '11 Page 5, Item]. Meeting Date March 27. 1996 · Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrtJvecaIJly effcred will be conditioned for dedication at the Tentative Map level within village core areas. In addition, it is recommended that the GDP (page 234) be amended as follows: Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system. Policy: Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and Nine, the Park and Ride and the Eastern Urban Center. The light r.\\il.tn!n.~!L!!!ig!l!mm.L~hQ:w.!l..Q.!!.Jb_~..GP I'L~BJ'_bJ!illt1I.~~.Ma-P-j,~ conceptual and will be more precisely located at the SPA level of planning. 5. Noise Amendments Residential Noise The GDP EIR Findings of Fact prohibits residential development in noise impact areas unless the specific noise studies indicate exterior noise levels can be mitigated to 60 CNEL or below. The applicable Chula Vista standard is 65 CNEL. The GDP Program EIR does not explain why a different standard was proposed. Upon further review, it is apparent the standard should have been set at the City's current standard of 65 CNEL. It is, therefore, recommended that the GDP be amended as follows (page 340): Policy: Residential development shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to 6Q-- CNEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below. Habitat Noise Mitigation The Otay Ranch Program EIR disclosed significant unavoidable impacts to riparian vegetation that is potential habitat for the federally endangered least Bell's vireo. According to the Program EIR, the San Diego Association of Governments in a 1989 study theoretically estimated that the noise levels above 60 dBA L,q in vireo breeding areas may impact the reproductive success of this species during their breeding season which occurs ITom March 15 to September 15. The EIR disclosed that in an area where PCSRGDP2.DOC March 13, 1996 ~3 Page 6, Item-1 Meeting Date March 27. 1996 major roadways are located or construction will be undertaken in close proximity to least Bell's vireo habitat, mitigation below a level of significance may not be possible. There is no least Bell's Vireo habitat within or adjacent to SPA One that would be affected by construction noise. However, the Findings of Fact adopted by the City in conjunction with Program EIR 90-01 establish a requirement that noise impacts to Least Bell's Vireo and California Gnatcatcher habitat shall be mitigated to achieve a level of 60 dBA Lcq or below. The recirculated Biological Resources Section of the SPA One EIR determines there is no biological justification for requiring mitigation for 60 decibels and a new standard of 65 dBA should be established. The recirculated SPA One EIR indicates mitigation measures to reduce the noise impacts even to 65 dBA are infeasible, and overriding considerations adopted. It is therefore recommended that the GDP be amended as follows (page 340): Impacts to Least Bell's Vireo ana California GHateatcfter habitat shall be mitigated to achieve a level of 60 dBA Leq or below. Noise levels within gnatcatcher habitat shall. to the extent feasible. achieve 65 dBA. However. for the purpose of achieving the gnatcatcher preservation standard of 52 %. those gnat catchers impacted by 65 dBA or greater shall not be counted as preserved. 6. Grassland Species Performance Standard The GDP established performance standards for four grassland bird species requiring preservation of 80 % or more of occupied habitat. These standards are rigid and are not achievable due to the wide ranging, foraging and breeding habits of the birds. In addition the birds use disturbed habitat generally considered not to have other biological value. In addition the regulatory status of the species has changed The U. S. Fish and Wildlife Service is working on how to best identify future candidates ITOm large pool of at risk species The performance standard for the four species should be amended as follows (page 362) Include within the habitat preserve. occupied breeding and foraging habitat and sufficient potential habitat to maintain and enhance a viable metapopulation for the northern harrier. California homed lark. loggerhead shrike. and burrowing owl. Attachments I. General Development Plan Amendments 2. Resolutions 3. Disclosure Statement PCSRGDP2.DOC March 13, 1996 t/f OTA Y RANCH GENERAL DEVELOPMENT PLAN AMENDMENT PCM 95-09 MASTER PLAN VILLAGES Chapter I Land Use Plan Section E Implementation 1. Introduction Page 113 Each village must be master-planned as a unit, except for the areas of Villa~e One and Two west of Pas eo Ranchero. the Inverted "L". and Ranch House propertv which mav have their own SPA Plan approved prior to development of the particular area" TRANSIT ALIGNMENT Section D Land Use Design, Character and Policies 1. Village Definition and Organization Page 102 j Transit Policies Each village is planned to facilitate alternative method of transportation The land use and circulation patterns of urban villages are organized around transit service and facilities. A significant alternative means of transportation is the trolley system. Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: · Transit line rights-of-way shall be resewed approximately located at the SPA level and irrevooably--otfer-ed-will be conditioned for dedication at the Tentative Map level within Villages I, 5, 6, 9 and 12. · Trolley stops and/or stations shall be reserved ID).P.r.QK!m<!.t~!yJ_Q.9.<!tI;)JLat the SPA level and irrevooalbly--&tfered.-will be conditioned for dedication at the Tentative Map level in village core areas. GDPAMND.DOC March 13, 1996 ATIACHMENT A ~s- Otay Ranch GDP Amendments PCM95-09 The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes of transportation: · A 25-foot transit right-of-way shall be r~'approximately located at the SPA level and irrevocably offered _w..ULl~~__!<.Q.ng!tiQnegJor dedication at the Tentative Map level within Village Entry Streets designated as transit routes. . Since the GDP/SRP village core locations are conceptually located on the Land Use Map and are to be approximately located at the SPA level consistent with the GDP/SRP goals. obiectives and policies. the transit line iJ,!jgnm~I!LQ.n__th~___L.i!I!.d___U.~~...MJ!P-mJ!y~hQ._~mfi___tQ___~~!:Y~._tll~Lyjll!!&~._c.QI~ based on an analysis required by the village core policies. Precise transit alignment will be determined with the preparation of final maps and improvement plans. Pages 123,144, 147, 148, 160 and 178 Village Core Policies for Villages One, Five, Six, Nine and Planning Area Twelve . Transit line rights-of-way shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve. . Trolley stops and/or stations shall be reserved approximatelv located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within village core areas. Pages 128, 133, 139, 152 and 155 Village Core Policies for Villages Three, Four, Seven and Eight . Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within village core areas Chapter 2 Mobility Section B Goals, Policies, and Objectives Trolley System Page 234 GDPAMND.DOC March 13, 1996 2 ATTACHMENT A J/~ Otay Ranch GDP Amendments PCM95-09 Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system. Policy: Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and Nine, the Park and Ride and the Eastern Urban Center. The light r"jlJri!.!!.~.!La-'j&-Ilm.~!!L~hQW.!LQ!!.Jb.~J!DPJSBJ'.J,,~ndJ,L~~ MlI.p-.i.~ conceptual and will be more orecisely located at the SPA level of planning FARMLAND IRRIGATION Chapter 10 Resource Protection, Construction, and Management Page 384 8. Resource Preserve - Interim Land Uses Policy: Existing agricultural uses, including cultivation and grazing, shall be permitted to continue as an interim activity only where they have occurred historically and continually. No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved bv the Preserve OwnerlManager Grazing of sheep. " SOLAR ENERGY Section E Energy Conservation page 393 Building Design and Use . Use solar energy systems, as practical GDPAMND.DOC March 13, 1996 3 ATIACHMENT A t/l Otay Ranch GDP Amendments PCM95-09 RESIDENTIAL AND HABIT AT NOISE MITIGATION General Development Plan Performance Standards Page 123 L. NOISE · Residential development within the impact area shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to 60--CNEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below · I-mpaets---t~---Least---Be!I-'~---Vffeo---_and---Galjf~ffli_a--Gnat~_ateher---hil9it_at--shaU----/}e mitigated--t~-_aehieve--a--level-of-60--DBA_L"'tof--below, ! Noise levels within gnatcatcher habitat shalL to the extent feasible. achieve 65 dBA However. for the purpose of achieving the gnatcatcher preservation standard of 52 %. those gnatcatchers impacted bv 65 dBA or greater shall not be counted as preserved. RESOURCE PROTECTION, CONSERVATION AND MANAGEMENT Chapter 10 2. Preservation of Sensitive Resources Page 362 Include within the habitat preserve. occupied breeding and foraging habitat and sufficient potential habitat to maintain and enhance a viable metapopulation for the northern harrier. California homed lark. loggerhead shrike. and burrowing owL GDPAMND.DOC March 13, 1996 4 ATTACHMENT A t/<<' RESOLUTION PCM 95-09 RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE CITY OF CHULA VISTA RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO TIIE OTAY RANCH GENERAL DEVELOPMENT PLAN WHEREAS, an application for amendments to the Otay Ranch General Development Plan (GDP) was filed with the City of ChuIa Vista Planning Department on October 19, 1994 and September 7, 1995 by The Baldwin Company ("Applicant"), and; WHEREAS, the amendments to the Otay Ranch GDP involve six minor changes. These amendments affect master -planned villages, transit, irrigation of fannland, solar energy requirements, residential noise mitigation and habitat mitigation noise standards (Attachment A). Except for the amendment applying to villages being master-planned as a unit, the amendments will apply to the entire area affected by the Otay Ranch GDP ("Project"), and; WHEREAS, the Planning Commission set the time and place for hearings on said GDP amendments and notice of said hearings, together with its purpose, was given by publication in a newspaper of general circulation in the City and mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996 and April 10, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has prepared a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01 and a Recirculated Second-tier Draft EIR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR and the Recirculated 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 ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 was certified by the ChuIa 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, 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 findings are not merely infOlmational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval Other requirements are referenced in /1 Planning Commission General Development Plan Amendments Page 2 the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby adopts Final Second-Tier Environmental Impact Report EIR 95-01. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Resolution approving the proposed amendments in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the City Council. C:\PCM95_09.DOC .,s2? Planning Commission General Development Plan Amendments Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA this April 1 0, 1996 by the following vote, to wit: AYES: NOES ABSENT ATTEST William C. Tuchscher II Chainnan Nancy Ripley, Secretary Attachments: Attachment A Draft City Council Resolution C:\PCM95_09.DOC 5'/ OTA Y RANCH GENERAL DEVELOPMENT PLAN AMENDMENT PCM 95-09 MASTER PLAN VILLAGES Chapter I Land Use Plan Section E Implementation l. Introduction Page 113 Each village must be master-planned as a unit, except for the areas of Village One and Two west of Pas eo Ranchero. the Inverted "L". and Ranch House property which may have their own SPA Plan approved prior to development of the particular area" TRANSIT ALIGNMENT Section D Land Use Design, Character and Policies 1. Village Definition and Organization Page 102 f Transit Policies Each village is planned to facilitate alternative method of transportation. The land use and circulation patterns of urban villages are organized around transit service and facilities. A significant alternative means of transportation is the trolley system. Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: . Transit line rights-of-way shall be reserved approximatelv located at the SPA level and iffev06ably--etfer-ed-will be conditioned for dedication at the Tentative Map level within Villages 1, 5, 6, 9 and 12. · Trolley stops and/or stations shall be reserved i!PPmNm.!!1~b'_J9_G.!!.ted...at the SPA level and iffev06alblY--Q!fered--will be conditioned for dedication at the Tentative Map level in village core areas. GDPAMND.DOC March 13, 1996 ATIACHMENT A s-~ Oray Ranch GDP Amendments PCM95-09 The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes of transportation: · A 25-foot transit right-of-way shall be reserved--.approximately located at the SPA level and irrevocably offered __wi!LQ.~_.9_mJ.d!ti_9.!t~gJor dedication at the Tentative Map level within Village Entry Streets designated as transit routes. · Since the GDP/SRP village core locations are conceptually located on the Land Use Map and are to be approximately located at the SPA level consistent with the GDP/SRP goals. obiectives and policies. the transit line iJ,ljg!J.m~DL9-'J..1h~___L.!!nd__.u~!LM.,\p__mID'_JJJ$..Q_~hi!Lt9_~~!:Y~JlliLyill_!!g!U;QL~ based on an analysis required by the village core policies Precise transit alignment will be determined with the preparation of final maps and improvement plans. Pages 123,144,147,148,160 and 178 Village Core Policies for Villages One, Five, Six, Nine and Planning Area Twelve · Transit line rights-of-way shall be reserved approximately located at the SPA level and irrevocably o!f~red will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve. · Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within village core areas. Pages 128, 133, 139, 152 and 155 Village Core Policies for Villages Three, Four, Seven and Eight · Trolley stops and/or stations shall be reserved approximatelv located at the SPA level and irre'/ocably offered will be conditioned for dedication at the Tentative Map level within village core areas. Chapter 2 Mobility Section B Goals, Policies, and Objectives Trolley System Page 234 GDPAMND.DQC March 13, 1996 2 A IT ACHMENT A .s-3 Otay Ranch GDP Amendments PCM95-09 Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system. Policy: Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and Nine, the Park and Ride and the Eastern Urban Center. The light r(!jllnm~!t.!!!ig!lm.~m shQwn.Q.!UJle_QQP.t.SRP-1~!ld Q~Jrl~I!.~ conceptual and will be more precisely located at the SPA level of planning. FARMLAND IRRIGATION Chapter 10 Resource Protection, Construction, and Management Page 384 8. Resource Preserve - Interim Land Uses Policy Existing agricultural uses, including cultivation and grazmg, shall be permitted to continue as an interim activity only where they have occurred historically and continually. No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved by the Preserve Owner/Manager. Grazing of sheep. " SOLAR ENERGY Section E Energy Conservation page 393 Building Design and Use · Use solar energy systems, as practical GDPAMND.OOC March 13, 1996 3 A IT ACHMENT A Sf Otay Ranch GDP Amendments PCM95-09 RESIDENTIAL AND HABITAT NOISE MITIGATION General Development Plan Performance Standards Page 123 L. NOISE · Residential development within the impact area shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to 60-.CNEL 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below · I-mpacts...t~---beast--.BelI-~~--.V1fe0'---aoo---Caltf~mia.__Gnat"at0her___habitllt--.~haH---_be mitigated.-t~'achieve--a--level-'of-60--DBA-Le<tef__bel0w, .! Noise levels within gnatcatcher habitat shall. to the extent feasible. achieve 65 dBA. However. for the Durpose of achieving the gnatcatcher Dreservation standard of 52 %. those gnatcatchers impacted by 65 dBA or greater shall not be counted as Dreserved. RESOURCE PROTECTION, CONSER VA TION AND MANAGEMENT Chapter 10 2. Preservation of Sensitive Resources Page 362 Include within the habitat Dreserve. occuDied breeding and foraging habitat and sufficient potential habitat to maintain and enhance a viable metapoDulation for the northern harrier. California homed lark. loggerhead shrike. and burrowing owl. GDPAMND.DOC March 13, 1996 4 AITACHMENT A s-S- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (pCM 95-09) WHEREAS, an application for amendments to the Otay Ranch General Development Plan (GDP) was filed with the City of Chula Vista Planning Department on October 19, 1994 and September 7, 1995 by The Baldwin Company ("Applicant"), and; WHEREAS, the amendments to the Otay Ranch GDP involve six minor changes. These amendments affect master-planned villages, transit, irrigation of farmland, solar energy requirements, residential noise mitigation and habitat mitigation noise standards (Attachment A). Except for the amendment applying to villages being master-planned as a unit, the amendments will apply to the entire area affected by the Otay Ranch GDP ("Project"), and; WHEREAS, the Planning Commission set the time and place for hearings on said GDP amendments and notice of said hearings, together with its purpose, was given by publication in a newspaper of general circulation in the City and mailing to property owners and tenants within 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; WHEREAS, the hearings were held at the time and place as advertised on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission. Said hearings were continued to March 27, 1996 and Apri110, 1996 by a motion of the Planning Commission at which time, said hearings were thereafter closed, and; WHEREAS, the Environmental Review Coordinator has prepared a Second-tier Draft Environmental Impact Report (EIR) EIR 95-01 and a Recirculated Second-tier Draft EIR, and Findings of Fact and a Mitigation Monitoring and Reporting Program have been issued to address environmental impacts associated with the implementation of the Project, and; WHEREAS, this Second-tier EIR and the Recirculated 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 ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Program. Program EIR 90-01 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, 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 findings are not merely informational or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the Project. The adopted mitigation measures are express conditions of approval. Other requirements are referenced in s& Resolution No. Page 2 the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, detennine, resolve and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft EIR held on November 8, 1995, November 15, 1995 and March 27, 1996, and their public hearings held on this Project on November 15, 1995, March 27, 1996 and April 10, 1996 and the minutes and resolutions resulting thereffom, are hereby incorporated into the record of this proceeding These documents, along with any documents submitted to the decision makers, shall comprise the entire record of the proceedings for any California Environmental Quality Act (CEQA) claims. ll. CERTIFICATION OF COMPLIANCE WIlli 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 of Chula Vista. ill CONSISTENCY WIlli THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS ARE IN CONFORMITY WIlli THE CHULA VISTA GENERAL PLAN. The Otay Ranch General Development Plan was found consistent with the Chula Vista General Plan when it was approved on October 23, 1993. The Otay Ranch General Development Plan Amendments are minor in nature and do not impact the land use, circulation system, open space and recreational uses, and public facility uses set out in the GDP. These amendments will still advance the goals and objectives of the Otay Ranch GDP. C:\PCM95_09.DOC 57 Resolution No. Page 3 B. THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA One Plan and Public Facilities Financing Plan contain proVISIOns and requirements to ensure the orderly, phased development of the project. The Public Facilities Financing Plan specifies the public facilities required by the Otay Ranch, and also the regional facilities needed to serve it. The proposed amendments to master- planned villages, transit, irrigation of farmland, solar energy requirements, residential noise mitigation, habitat mitigation noise standards and habitat performance standards will not have an impact on the sequential development of SPA One. C THE PROPOSED GENERAL DEVELOPMENT PLAN AMENDMENTS WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY The villages within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch Planning Area One. Four neighborhood parks will be located within the SPA One area to serve the project residents, and the project will provide a wide range of housing types for all economic levels. A comprehensive street network serves the project and provides for access to off-site adjacent properties The proposed plan follows all existing envirorunental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Envirorunental Impact Report. The proposed GDP amendments will not adversely affect adjacent land use, residential enjoyment, circulation or envirorunental quality. IV. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT 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 95-01 and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number ---' a C:\PCM95_09.DOC SC6 Resolution No Page 4 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 and hereby binds itself and the Applicant and its successors in interest, to implement those measures. C Infeasibility of Mitigation Measures As more fully identified and set forth in FElR 95-01 and in the Findings ofF act 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 infeasible. D. Infeasibility of Alternatives As more fully identified and set forth in FElR 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 FElR 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 "B" of 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 that the Program is designed to ensure that, during project implementation, the pennittee/project applicant and any other responsible parties and the successors in interest 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 fonn 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 C:\PCM95_09.DOC srJ Resolution No. Page 5 economic, social and other considerations that render the unavoidable significant adverse environmental effects acceptable. V. 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. VI. Attachments All attachments and exhibits are incorporated herein by reference as set forth in full. C:\PCM95 _09.DOC 00 Resolution No. Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this April 30, 1996 by the following vote: YES NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE 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 30th day of April, 1996. Executed this 30th day of April, 1996. Beverly A. Authelet, City Clerk Attachments: Attachment A: GDP Amendments Attachment B: Findings of Fact Attachment C: Mitigation Monitoring and Reporting Program Attachment D: Statement ofOveniding Considerations C:\PCM95_09.DOC 0/ OT A Y RANCH GENERAL DEVELOPMENT PLAN AMENDMENT PCM 95-09 MASTER PLAN VILLAGES Chapter 1 Land Use Plan Section E Implementation 1. Introduction Page 1]3 Each village must be master-planned as a unit, except for the areas of Village One and Two west of Pas eo Ranchero. the Inverted "Ln. and Ranch House proDertv which mav have their own SPA Plan aDproved Drior to development of the particular area" TRANSIT ALIGNMENT Section D Land Use Design, Character and Policies I. Village Definition and Organization Page ] 02 f Transit Policies Each village is planned to facilitate alternative method of transportation. The land use and circulation patterns of urban villages are organized around transit service and facilities. A significant alternative means of transportation is the trolley system. Several components of the GDP/SRP Land Use Plan encourage the use of transit, such as: · Transit line rights-of-way shall be reserved aDproximatelv located at the SPA level andirre\'ooably--offered-will be conditioned for dedication at the Tentative Map level within Villages ], 5, 6, 9 and ]2. · Trolley stops and/or stations shall be reserved ~.P.P.rQ<Qm.!!!~!yjQ9_i!.ted_at the SPA level and irrevooalbly-~ffered--will be conditioned for dedication at the Tentative Map level in village core areas. GDPAMND.DOC March 13, 1996 A IT ACHMENT A U:1 Otay Ranch GDP Amendments PCM95-09 The following policies are intended to ensure that village cores and surrounding areas are readily accessible to facilitate a variety of modes of transportation: · A 25-foot transit right-of-way shall be r~"approximately located at the SPA level and irrevocably off~red . ~UL!1~!;'Q,!lg.!!iQ!1~gJor dedication at the Tentative Map level within Village Entry Streets designated as transit routes. · Since the GDP/SRP village core locations are conceptually located on the Land Use MaD and are to be approximately located at the SPA level consistent with the GDP/SRP goals, obiectives and Dolicies, the transit line i!,!i.,g!l!:ne!1LQ!l,J!J&J,.<!.!1.g"U,~e,.Mi!,p_m<!Yn<!!.~Q_,shi.fi.JQ...~~rYe..Jlte..Yill~e,_!<Q[e based on an analysis required by the village core policies. Precise transit alignment will be determined with the DreDaration of final maps and improvement plans. Pages 123,144, 147, 148, 160 and 178 Village Core Policies for Villages One, Five, Six, Nine and Planning Area Twelve · Transit line rights-of-way shall be reserved approximately located at the SPA level and iffe'loeably offered will be conditioned for dedication at the Tentative Map level within Villages One, Five, Six, Nine and Twelve. · Trolley stops and/or stations shall be reser;'ed aDDroximately located at the SPA level and irre'loeably offered will be conditioned for dedication at the Tentative Map level within village core areas. Pages 128, 133, 139, 152 and 155 Village Core Policies for Villages Three, Four, Seven and Eight · Trolley stops and/or stations shall be reserved approximately located at the SPA level and irrevocably offered will be conditioned for dedication at the Tentative Map level within village core areas. Chapter 2 Mobility Section B Goals, Policies, and Objectives Trolley System Page 234 GDPAMND.DOC March 13, 1996 2 A IT ACHMENT A &::3 Qlay Ranch GDP Amendments PCM95-09 Regional transportation plans envision the expansion of the light rail system to connect the existing system to the international border and various urban areas, including Otay Ranch. Objective: The Otay Ranch land use and mobility plans shall incorporate regional plans for the expansion of the light rail system. Policy Coordinate with MTDB, CVT and other transit agencies to provide for integration of the light rail line into Villages One, Five, Six and Nine, the Park and Ride and the Eastern Urban Center. The light r(!jL!r,!!!.~i!.."ljg1J!mmLsJ!Qw!l.Q.!Ltb~..GP.PLSRP._L;),mLUs.~M.(!v..1.s conceptual and will be more precisely located at the SPA level of planning. FARMLAND IRRIGATION Chapter 10 Resource Protection, Construction, and Management Page 384 8. Resource Preserve - Interim Land Uses Policy Existing agricultural uses, including cultivation and grazmg, shall be permitted to continue as an interim activity only where they have occurred historically and continually. No increase in irrigation shall be allowed except for temporary irrigation that may be installed as part of restoration plans, unless approved bv the Preserve OwnerlManager Grazing of sheep ...." SOLAR ENERGY Section E Energy Conservation page 393 Building Design and Use · Use solar energy systems, as practical GDPAMND.DOC March 13, 1996 3 ATTACHMENT A 6;/ Otay Ranch GDP Amendments PCM95-09 RESIDENTIAL AND HABITAT NOISE MITIGATION General Development Plan Performance Standards Page 123 L. NOISE · Residential development within the impact area shall not be allowed unless the site specific noise study shows that the exterior noise level can be mitigated to 60--CNEb 65 CNEL or below and that the interior noise level can be mitigated to 45 CNEL or below · ImpacIs---tQ---Least--BelVsnViFeo---aflc----GalifQmi-a---Gnat,,-atcher_n!labitatn-shall---be mitigated-tQ-achieve--a-levelnof60-DBA-Leq-oFbe!ow. ! Noise levels within €natcatcher habitat shall. to the extent feasible, achieve 65 dBA However. for the purpose of achievin€ the gnatcatcher preservation standard of 52 %. those gnatcatchers impacted by 65 dBA or greater shall not be counted as Dreserved. RESOURCE PROTECTION, CONSERVATION AND MANAGEMENT Chapter 10 2. Preservation of Sensitive Resources Page 362 Include within the habitat preserve. occupied breeding and foraging habitat and sufficient potential habitat to maintain and enhance a viable metaDopulation for the northern harrier. California horned lark. loggerhead shrike. and burrowing owL GDPAMND.DOC March 13, 1996 4 ATTACHMENT A ~s- 1l-IE '"'Y OF CHULA VI~A DISCLOSURF~ATEMENT You are requircd to file a Statement of Disclosure of renain ownership or financial interests, payments, or campa I'" contribulio'ns, on all mattcrs which will require discretionary action on the part of the City Council, Planning Commission. an;; all othcr officIal bodies. The following information must be disclosed: J. List thc names of all persons having a financial intercst in the property which is the subject of the application or the contract, e.g., owner, applicant. contractor. subcontractor, material supplier. 'Jt.e eta]' fGnch, L.P., a C3J.ifcrnia Limite::J F'a!.1:r",d,ip U1i te:: Etlteq::ris$, L.P. Balc3.lli1 EI..ri.1cErs, a Gliifcmia Cb:p::rati01 Smith Gregory T. Tiger- CI?Jelq:mn '1\..0. a Gliifcrni.a Limita:J Parrer'S1ip S N M E, Ltd. Partnership 2 If any person" identificd pursuant to (1) above is a corporation or partnership. list the names of all individuals own;nf morc than 10% of the shares in the corporation or owning any partnership interest in the partnership. .cares P. Bald.in Alfred E. B31d.rin 3. If any person" idcntificd pursuant to (1) above is non-profit organization or a trust, list thc names of any person serving as director of the non.profi{ organization or as crusree or beneficiary or trustor of the trust. ~IA 4. Havc you had morc than $250 worth of business transacted wilh any member of the City staff, Boards, Commissions. Committces, and Council within thc pasl twelve months? Yes_ No~ If yes, please indicate person(s): 5. Plcasc idcntify each and every person, including any agents, employees, consultants, or independent contractors who you havc assigned to represent you bcforc the Cily in this matter. KirP Jch1 Kilk.rr,y R3r'.ie fl.rrt:e: 'lirrothy J. 0' Q:cdj Jares B31d.rin Ka1t Ad31 Alfr'e::J B31c3.lli1 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the currcnt or preceding election period? Yes_ No.1L. If yes, state whi~h Councilmember(s): . . . (NOTE: All3cb additional pages as necessary) . . . Date:~I94 ractor/applicant KimJd1nKi1ken1y Print or type name of contractor/applicant . E!!:E2!! irtkfincd as: "Any uuiJ\'idJJa4 firm. co.parr"~hip, jOlm "C1/CW"C, associaIioll.. social club, fralanal organizDu'on., Corporan'oll., esuue, UW1, r<<ci\oa, S)TIli4'cQrc... vm and any olll" coun~'. ci~' and coum')', cUy 1nU"'cipali~', dumc. 0' Oln" po/aical subdl,'aim, 0' any ollie group", combinaoon ocring as a WUL~0