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HomeMy WebLinkAboutOrd 1992-2522 ORDINANCE NO. 2522 AN ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE EASTLAKE I PLANNED COMMUNITIES DISTRICT REGULATION AMENDMENT AND KAISER DEVELOPMENT AGREEMENT FOR EASTLAKE I/KAISER PERMANENTE WHEREAS, the area of land which is the subject of this ordinance amending the EastLake I Planned Community District Regulations consists of 71.8 acres located to the north of Otay Lakes Road/Telegraph Canyon Road, to the east of the proposed future State Route 125, and lying on both sides of EastLake Parkway; and, WHEREAS, the proposed amendment would modify the Planned Community District Regulations and Land Use District Map for the EastLake I Activity Center by the amendment of permitted land uses, including the zone reclassification of 2 acres of Village Center 2 (VC-2) to Business Center i (BC-1); and, WHEREAS, the applicant, Kaiser Permanente, has requested a Development Agreement for the vesting of various planning permits for the 30.6-acre Kaiser Medical Center located within the northerly portion of the 71.8-acre area in return for certain extraordinary benefits to be provided to the City of Chula Vista; and, WHEREAS, in 1982 the EastLake I General Development Plan was originally adopted. In 1985 the EastLake I Sectional Planning Area Plan (SPA) was adopted and the EastLake I General Development Plan (GDP) was amended to reflect that approval. On September 12, 1989 an amendment to the EastLake I SPA Plan was approved to allow the Salt Creek I project; and, WHEREAS, the Planning Commission held a duly advertised public hearing on said EastLake I Planned Community District Regulations amendment and Kaiser Development Agreement on June 24, 1992, and at the conclusion of said hearing recommended approval of the proposed amendment and Development Agreement; and, WHEREAS, the Planning Commission, having received certain evidence on June 3, 1992, and June 24, 1992, as set forth in the record of its proceedings and incorporated herein by reference as if set forth in full, made certain findings as set forth in their recommending Resolution No. EIR-92-01 herein and recommended to the City Council the approval of said EastLake I Planned Community District Regulation Amendment and Kaiser Development Agreement based on certain terms and conditions; and, WHEREAS, the City Council set the time and place for a public hearing, together with the purpose, which was given by the publication in a newspaper of general circulation in the City and mailed notice was given to property owners within 1,000 feet of the exterior boundaries of the proposed amendment area and Development Agreement at least ten (10) days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. on June 30, 1992, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, Ordinance No. 2522 Page 2 WHEREAS, the Final Supplemental Environmental Impact Report for this project (EIR-92-01) has been previously certified by the City Council of the City of Chula Vista; and, WHEREAS, a public hearing having been noticed in accordance with Council policy was scheduled before the City Council of the City of Chula Vista on the consideration of the EastLake I Planned Community District Regulation Amendment and Kaiser Development Agreement on June 30, 1992; and, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby determine, find, and resolve and orders as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Supplemental EIR held on June 3, 1992, and certification of the Final Supplemental EIR in public hearing on this project on June 24, 1992, and the unofficial minutes and resolutions resulting therefrom (Exhibit 1) are hereby incorporated into the record of this proceeding. 2. COMPLIANCE WITH CEQA The City Council of the City of Chula Vista has reviewed and considered the Final Supplemental EIR-92-01, the environmental impacts therein identified for this project, the Candidate CEQA Findings attached hereto as Exhibit 3-1, the proposed mitigation measures contained therein, the Mitigation Monitoring Program attached hereto as Exhibit 3-2, and the Statement of Overriding Considerations which is attached hereto as Exhibit 3-3. The City Council, by approving the Final Supplemental EIR, has found that it was prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the procedures of the City of Chula Vista. The certifying resolution number 16701 is incorporated herein by reference. 3. CONSISI'ENCY WITH GENERAL PLAN A. The proposed EastLake I Planned Community District Regulations Amendment is in conformity with the provisions of the Chula Vista General Plan. 4. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings. The City Council does hereby approve and accept as its own, incorporate as if set forth full herein, and make each and every one of the CEQA Findings attached hereto as Exhibit 3-1. Ordinance No. 2522 Page 3 From the facts presented to the City Council, the Council has determined that said amendment and Development Agreement is consistent with the City of Chula Vista General Plan and that public necessity, convenience, general welfare and good zoning practice support adoption of the amendment to the EastLake I Planned Community District Regulations Amendment and Kaiser Development Agreement. B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the previous environmental documents for this project area and this supplemental environmental document {EIR-92-01} and the CEQA Findings for this project which is hereby attached hereto as Exhibit 3-1, Council hereby finds that pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the above referenced document are feasible and will become binding upon the appropriate entity such as the project proponent, the City, or other special districts which has to implement these specific mitigation measures. C. Feasibility of Alternatives. As is also noted in the environmental document in paragraph b above, alternatives to the project which were identified as potentially feasible were found not to be feasible. D. Adoption of Mitigation Monitoring Program. As required by the Public Resources Code Section 21081.6, City Council hereby adopts the Mitigation Monitoring and Reporting Program {Program} set forth in Exhibit 3 to this resolution and incorporated herein by reference as set forth in full. The Council hereby finds that the Program is designed to ensure that during the project implementation and operation, the permittee/project applicants and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings and in the Program. E. Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant environmental affects caused by the project or cumulatively will remain. Therefore, the City Council of the City of Chula Vista does hereby issue pursuant to CEQA Guidelines Section 15093, as set forth in Exhibit 3-3 attached hereto, a Statement of Overriding Considerations identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental affects acceptable. F. Amendment to Planned Community District Regulations. Ordinance No. 2522 Page 4 5. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. That the conditions of approval of the amendments to the EastLake I Planned Community District Regulations attached hereto as Exhibit 8 and incorporated herein as set forth in full are as follows: 1) The applicant shall implement each and every mitigation measure identified in the Final Supplemental EIR and in the CEQA Findings previously adopted. 2) The applicant and all other responsible parties shall implement each and every aspect of the Mitigation Monitoring Program previously adopted. 3) Variance of the conditions of approval to occur shall, at the option of the City, be exercised at a public hearing, notice of which an opportunity which the applicant has been given to be heard on the matter, revoke the zoning regulations herein above conditionally approved. SECTION II. That the zoning map or maps established by Section 19.18.000 of the Chula Vista Municipal Code be hereby amended by adding thereto the following amendment: That that certain property consisting of 59.8 acres located at the northwest quadrant of EastLake Parkway and Otay Lakes Road described as Village Center I (RM-25, RM-44, OS 5) in PCM-92-02 be and the same is hereby zoned to Village Center I (OS 5), and SECTION III. That said zoning map of the City of Chula Vista is further amended by adding the following amendment: That that certain property consisting of 2 acres located at the southeast corner of EastLake Parkway and Fenton Street described as Village Center 2 in PCM-92-02 be and the same is hereby zoned Business Center -1, and SECTION IV. That the proposed amendments to the land use regulations contained in the EastLake I Planned Community District Regulations for the Village Center Districts 1, 2, and 3 described in PCM-92-02 be and the same is hereby amended in accordance with Exhibit 8. Ordinance No. 2522 Page 5 SECTION V. That the Kaiser Development Agreement attached hereto as Exhibit 13 and incorporated herein as if set forth in full, is hereby adopted, and SECTION VI. This ordinance shall take affect and be in full force on the 30th day from the date and after its passage and approval. 6. NOTICE OF DETERMINATION 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 is filed with the County Clerk of the County of San Diego. Presented by Approv ~as to form Robert A. Leiter Bru~e M. Boogaard Director of Planning Cit Atto Ordinance No. 2522 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of July, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, 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 Ordinance No. 2522 had its first reading on June 30, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 6th day of July, 1992. Executed this 6th day of July, 1992. Beverly,'A. Authelet, City Clerk