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HomeMy WebLinkAboutOrd 1992-2527 ORDINANCE NO. 2527 AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL APPROVING THE PREZONING TO P-C PLANNED COMMUNITY (PCZ- 92-A) AND THE P-C DISTRICT REGULATION AMENDMENTS FOR THE TELEGRAPH CANYON ESTATES SECTIONAL PLANNING AREA (SPA) PLAN WHEREAS, the area of land which is the subject of this ordinance consists of 112.4 acres of presently unincorporated property located on the north side of Telegraph Canyon Road directly east of Otay Lakes Lodge mobile home park and directly south of EastLake Shores (Exhibit 4 of the Sectional Planning Area Plan); and, WHEREAS, the project involves a prezoning to P-C Planned Community, an amendment to the EastLake I General Development Plan and P-C District Regulations to include the Telegraph Canyon Estates property therein, and a Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan involving a maximum of 350 single family lots, plus two private recreation areas, two Community Purpose Facility sites, and over 20 acres of open space; and, WHEREAS, the above referenced plans and documents are incorporated herein by reference, and the overall project as described in the Final Environmental Impact Report, EIR-91-05, shall be developed in accordance with the description therein or as modified by the conditions of approval, and that to the extent the project describes the measures which will mitigate environmental impacts, the applicant shall implement those measures contemporaneously with the project; and, WHEREAS, in conjunction with the Telegraph Canyon Estates SPA Plan, the City staff and Baldwin Vista Associates have concurred on the Planned Community (P-C) District Regulation amendments for the project, a copy of which is on file in the office of the City Clerk as Document No. PCM-gl-07; and, WHEREAS, the City Council has by Resolution No. 16767 certified that the Final Environmental Impact Report, EIR-91-05, was prepared in accordance with the requirements of the California Environmental Quality Act, the Environmental Review procedures of the City of Chula Vista, and has further certified that the information contained therein has been reviewed and considered by them; and, WHEREAS, the recitals and resolutions of the City Council contained in Resolution No. 16767 certifying EIR-91-05 are incorporated herein as if set forth in full; and, WHEREAS, a public hearing was held before the Planning Commission on the Telegraph Canyon Estates Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992; and, WHEREAS, prior to the second reading of this ordinance, the City Council adopted a resolution approving the Telegraph Canyon Estates Sectional Planning Ordinance No. 2527 Page 2 Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan. The City Council of the City of Chula Vista does ordain as follows: 1. PLANNING COMMISSION RECORD The proceedings before the Planning Commission consisting of a public hearing on the Draft Environmental Impact Report on July 22, 1992, and certification of the Final Environmental Impact Report and the recommendation for approval of the Sectional Planning Area Plan, Public Facilities Financing Plan, Air Quality Improvement Plan and Water Conservation Plan on August 12, 1992, and the minutes and resolutions therefrom are hereby incorporated into the record of this proceeding. 2. EIR COMPLIANCE WITH CEQA The City Council of the City of Chula Vista has reviewed and considered EIR-91-05, the environmental impacts therein identified for this project, the Candidate CEQA Findings, the Mitigation Monitoring Program, and the Statement of Overriding Considerations. The City Council by certifying EIR-91-05, has found that it has been prepared in accordance with the requirements of the California Environmental Quality Act, the State EIR Guidelines, and the environmental procedures of the City of Chula Vista. 3. P-C ZONE FINDINGS The City Council hereby finds that the proposed prezoning to P-C Planned Community is consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare, and good zoning practice support the prezoning to P-C Planned Community. 4. P-C DISTRICT REGULATION AMENDMENTS The City Council does hereby conditionally approve and adopt the amendments to the EastLake I P~C District regulations as set forth in the Telegraph Canyon Estates SPA (PCM-91-07) subject to the following conditions. (a) If a CPF site(s) is to be provided on-site, the SPA Plan and P-C District Regulations shall be amended to include the CPF provisions from the Municipal Code. (b) The P-C District Regulation amendment and related discussion in the SPA Plan shall be revised to correctly identify the RS-5 regulations as applying to the larger lot product, and the RS-7 regulations as applying to the intermediate and smaller lot products. (c) That the developer shall implement each and every Mitigation Measure identified in the Final Environmental Impact Report, EIR-91-05, as Mitigation Measures. Ordinance No. 2527 Page 3 (d) That the developer shall implement each and every aspect of the Mitigation Monitoring Program for EIR-91-05. Failing said conditions, the approvals herein granted may, at the option of the City, to be exercised by the City Council at a public hearing, notice of which shall be given to the project applicant, be revoked, modified or supplemented. 5. CEQA FINDINGS, MITIGATION MONITORING PROGRAM, AND STATEMENT OF OVERRIDING CONSIDERATIONS Adoption of Findinqs The City Council does hereby approve and incorporate as if set forth full herein the CEQA Findings for EIR-91-05, as contained in Resolution No. 16768. Adoption of Mitiqation Monitorinq Proqram As required by Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for EIR-91- 05 as set forth in Exhibit B to Resolution No. 16768 and incorporates it herein by reference as if set forth in full. The City Council finds that the program is designed to ensure that, during the project implementation and operation, the project applicant and other responsible parties implement the project components and comply with the feasible mitigation measures identified in the findings and program. Adoption of Statement of Overridinq Considerations Even after the adoption of all feasible mitigation measures and 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, pursuant to CEQA Guidelines Section 15093, adopts the Statement of Overriding Considerations for EIR- 91-05 identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects still significant but acceptable, a copy of which is attached to Resolution No. 16768 as Exhibit A. Presented by Approved as to form by Director of Planning Ordinance No. 2527 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 1st day of September, 1992, by the following vote: AYES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nadir, Mayor ATTEST: 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. 2527 had its first reading on August 25, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 1st day of September, 1992. Executed this 1st day of September, 1992. Beverly'~.Authelet, City Clerk