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HomeMy WebLinkAboutOrd 1992-2535 ORDINANCE NO. 2535 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (FSEIR 92-02) FOR THE RANCHO DEL REY COMMERCIAL CENTER PROJECT; AMENDING ON CONDITIONS THE EL RANCNO DEL REY SPECIFIC PLAN; AMENDING ON CONDITIONS THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE COMMERCIAL CENTER AREA OF THE BUSINESS CENTER OF THE RANCHO DEL REY SPA I AREA; ADOPTING A DEVELOPMENT AGREEMENT; MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE ZONING CODE INCLUDING THE GROWTH MANAGEMENT ORDINANCE; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS I. Recitals A. Notebook. WHEREAS, this ordinance makes reference to a three ring notebook ("Notebook") which notebook is entitled "Rancho Del Rey Commercial Center Project" and is dated October, 1992 ("Notebook"), the original of which is on file in the Office of the City Clerk of the City of Chula Vista as Document No. C092-179, which Notebook contains various documents in clearly marked and tabbed sections ("Section(s)") which will be referenced herein by the notation "Notebook Section "; and, B. Project Site. WHEREAS, the area of land which is subject of this ordinance is diagrammatically present Attachment "D" (Attachments "A" through "C" omitted), attached hereto and incorporated herein by reference; is identified and described on Chula Vista Tracts 88-2 as Lots 1 through 24, inclusive; is commonly known as Rancho del Rey Business (amended hereby to be referred to as the "Commercial") Center; and for the purpose of general description herein consists of approximately 55 acres located within the existing Rancho del Rey Employment Park which Park is located north of East "H" Street, approximately one and one-half miles east of Interstate 805 and one mile west of Otay Lakes Road and bordered on the north by a branch of Rice Canyon ("Project Site"); and, C. Project. WHEREAS, a person having control over all or a portion of the development of the Project Site, to-wit: the Rancho del Rey Part- nership ("Developer") has applied to the City for approval of the following project ("Project"): to change the land use plan and various associated entitlements for the Project Site from employment Ordinance No. 2535 Page 2 park to a commercial center in order to accommodate three large discount retail users and unspecified commercial supporting uses all of which is more specifically described in Section 2.0 "Project Description" of the document entitled "Final Supplemental Environmental Impact Report - Ranch del Rey Commercial Center" (FSEIR 92-02) prepared by Robert Bein, William Frost & Associates (RBF) and dated October 5, 1992 ("FSEIR") {Reference to "Project" herein references the project description contained in the FSEIR and which takes precedent to any inconsistencies with other descriptions or reference to the project herein contained.); and, D. Current Plan Approvals. 1. Public Facilities Financing Plan. WHEREAS, on December 15, 1987, the City Council, by Resolution No. 13392, adopted the Rancho del Rey SPAS I, II and III Public Facilities Financing Plan ("Original PFFP"), and thereafter in July, 1989, first amended said Original PFFP by Resolution No. 15258, and thereafter on January 15, lg91, second amended said Original PFFP by Resolution No. 15993; and as so amended is replicated in Notebook Section 7, and entitled "City of Chula Vista Rancho del Rey SPAs I, II, &III Public Facilities Financing Plan, October 1987, Amended July 1989, with Amendments as Adopted by City Council on January 15, 1991" ("Compiled Existing RDR PFFP") E. Current Entitlements. 1. General Development Plan Level; Specific Plan WHEREAS, the City of Chula Vista City Council on August 8, 1978 {Ordinance No. 1824) has given approval to the E1 Rancho del Rey Specific Plan creating a planned community. Ordinance No. 1824 was amended by the City Council on November 12, 1985 by Ordinance No. 2130 {"Current Specific Plan"); and, 2. SPA I Plan. WHEREAS, the City Council on December 15, 1987 by Resolution No. 13390 has previously given approval for the Rancho del Rey Sectional Planning Area I Plan by Resolution 13391, which was amended by Resolution No. 15763 on August 7, 1990, Ordinance 2487 on November 9, 1991 {community purpose facilities}, and by Ordinance 2501 on April 22, 1992 {design guidelines for signs in employment park) ("Current SPA I Plan"); and, 3. PC District Regulations. WHEREAS, the City Council of Chula Vista adopted Planned Ordinance No. 2535 Page 3 Con~nunity District Regulations by Ordinance No. 2244 on December 15, 1987, amended by Ordinance 2487 on November 9, 1991 (cor~nunity purpose facilities}, and by Ordinance 2501 on April 22, 1992 {design guidelines for signs in employment park) ("Current PC District Regulations"); and, 4. Design Guidelines. WHEREAS, the City Council of Chula Vista adopted E1 Rancho del Rey Employment Park Design Guidelines by Resolution No. 13443 on February 2, 1988, amended by Ordinance No. 2244 on December 15, 1987, and by Ordinance 2501 on April 22, 1992 (design guidelines for signs in employment park) {"Current Design Guidelines"); and, 5. Subdivision WHEREAS, the City Council approved Chula Vista Tract 88- 2 by Resolution 13444 on February 2, 1988, subdividing an approximate 84.5 acres of land into 39 lots which included the 24 lots in current area of the Project Site; and, F. Applications for New Entitlements 1. Land Use Matters. WHEREAS, on July 8, 1992, the Developer filed applications for General Plan amendment, amendment of the E1 Rancho Del Rey Specific Plan, amendment of the Business Center area of the E1Rancho Del Rey Sectional Planning Area I Plan, including Design Guidelines for the Commercial Center area of the new Business Center ("Business Center Design Guidelines"), amendment of the Planned Community District Regulations for the Commercial Center area of the Business Center of the E1 Rancho Del Rey Employment Park {now referred to as Business Center); and in conjunction therewith needs to obtain approval of the City Council of the Commercial Center Air Quality Improvement Plan; the Commercial Center Water Conservation Plan; and the Commercial Center amendment of the Rancho Del Rey Spas I, II &III Public Facilities Financing Plan and a Development Agreement (all of which may jointly be referred to herein as "Entitlement Applications"}; and, 2. Subdivision Maps. WHEREAS, the Developer filed two duly verified applications for resubdivision of portions of the Ordinance No. 2535 Page 4 Project Site in the form of tentative subdivision maps known as Rancho del Rey Business Center, Chula Vista Tracts No. 92-05 {"West End Subdivision Application"} on June 21, 1992 for resubdivision of 21.85 acres, and No. 93-01 ("East End Subdivision Application") on August 17, 1992 for resubdivision of 37.58 acres ("Subdivision Applications", jointly), with the City of Chula Vista; and, G. Planning Commission Record on Applications WHEREAS, a public hearing on the Entitlement Applications and Subdivision Applications was duly noticed before the Planning Commission at the meeting of October 14, 1992, and at that time the meeting was continued to October 19, 28, and November 18,1992; and, WHEREAS, the Planning Commission, at a public hearing held on November 18, 1992 considered the Entitlement Applications and Subdivision Applications, took evidence as set forth in the record of its proceedings which and are incorporated herein by reference as if they were set forth in full, made certain findings as set forth in their Recommending Resolution PCM-g2- 16, and recommended to the City Council the approval of said Entitlement Applications and Subdivision Applications based on certain terms and conditions; and, WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 24, 1992 on the Entitlement and Subdivision Applications, and to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same; and, H. Entitlemerits Resolution. WHEREAS, at the City Council meeting of November 24, 1992, the City Council of the City of Chula Vista adopted Resolution No. 16900 by which they amended the City's General Plan, the Current SPA I Plan including new Business Center Design Guidelines, approved two tentative maps, amended the Compiled Existing RDR PFFP, and approved an Air Quality Improvement Plan and Water Conservation Plan, among other things ("Entitlements Resolution"}; NOW, THEREFORE, the City of Chula Vista does hereby ordain as follows: II. Planning Commission record. The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Draft SEIR, held on September 9, 1992 and their public hearing on this Project held on November 18, 1992, and the Ordinance No. 2535 Page 5 minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. FSEIR Contents. The FSEIR consists of the following: A. "Final Supplemental Environmental Impact Report - Ranch del Rey Commercial Center" (EIR 92-02) prepared by Robert Bein, William Frost & Associates (RBF) and dated October 5, 1992 SCH # 92051032, which contains the Draft Supplemental Environmental Impact Report ("DSEIR") distributed date July 21, 1992, revised to reflect responses made to comments on the DSEIR, and the comments and responses to the DSEIR; and, B. Appendices (A through D) to Final Supplemental Environmental Impact Report. C. Technical studies and information incorporated in the responses to comment. IV. FSEIR Reviewed and Considered. The City Council of the City of Chula Vista has reviewed, analyzed and considered FSEIR 92-02, the environmental impacts therein identified for this Project; the Candidate CEQA Findings, Attachment "A" to the Entitlemerits Resolution, a copy of which is on file in the office of the City Clerk, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program, Attachment "B" to the Entitlement Resolution, a copy of which is on file in the office of the City Clerk, and the Statement of Overriding Considerations which is Attachment "C" to the Entitlements Resolution, a copy of which is on file in the office of the City Clerk, prior to approving the Project. V. Certification of Compliance with CEQA. The City Council does hereby find that FSEIR 92-2, the Candidate CEQA Findings, the Mitigation Monitoring and Reporting Program, and the Statement of Overriding Considerations are prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. VI. Independent Judgment of City Council The City Council finds that the FSEIR reflects the independent judgement of the City of Chula Vista City Council. Ordinance No. 2535 Page 6 VII. Conditional Adoption of the (New) Specific Plan Amendment. The Current Specific Plan is amended and the contents of Notebook Section 3 ("El Rancho del Rey Specific Plan, Business Center Amendment"), incorporated herein by reference, constitute the specific plan for the 2,377 acres known as the Rancho del Rey development shown on Exhibit "A" ("Proposed Specific Plan"} to Notebook Section 3 {"Amended (New) RDR SP"), subject to the General Conditions hereinbelow set forth. VIII. Conditional Amendment of (New) Planned Community District Regulations. The Current PC District Regulations are hereby amended and the contents of Notebook Section 5 ("Rancho Del Rey SPA I Planned Community District Regulations"), incorporated herein by reference, constitute the planned community district regulations ("Amended (New) RDR SPA I PC District Regs") for the Commercial Center area (a~proximately 55 acres) of the 822.3 acres of land shown on Exhibit 2 'Proposed General Development Plan") to Notebook Section 4 subject to the General Conditions hereinbelow set forth, and with the following conditions: A. Modify the Business Center PC District Regulations for Lot I of Subdivision 92-05 and Lots i and 3 of Subdivision 93-01 to contain the following development standards: Minimum building size shall be 100,000 square feet and shall be occupied by a single user. B. Modify the Business Center PC District Regulations for the entire project site to prohibit use of outdoor paging/public address systems for music and/or paging. IX. Conditional Approval of Development Agreement The contents of Notebook Section 10 {"Rancho Del Rey Business Center Development Agreement"}, incorporated herein by reference, constitute the development agreement for the Rancho Del Rey Business Center, which is hereby approved and adopted, subject to the General Conditions hereinbelow set forth, and subject to such procedural and administrative modifications that may be made thereto with the approval of the City Manager and City Attorney. X. General Conditions of Approval. The approval of the foregoing entitlements which are stated to be conditioned on "General Conditions" are hereby conditioned on the occurrence of the General Conditions as set forth in Section XIV of the Entitlements Resolution. Ordinance No. 2535 Page 7 XI. Consequence of Failure of Conditions. If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XII. Finding of Consistency with the General Plan. The City Council hereby finds that the Project, including but not limited to the adoption of the General Plan Amendment, the Amended (New) RDR SPA I Plan, the Maps, the Compiled RDR PFFP, as amended by said Commercial Center Amendment to RDR PFFP, the Air Quality Improvement Plan and the Water Conservation Plan, and the Development Agreement is and will be consistent with the general plan as adopted by the Entitlements Resolution based on the reasons set forth in Section XVI of the Entitlements Resolution. XIII. Development Agreement Finding of Consistency with the Specific Plan. Pursuant to Government Code Section 65867.5, the City Council hereby finds that the Development Agreement is consistent with the proposed E1 Rancho Del Rey Specific Plan as amended by this Entitlements Ordinance. XIV. CEQA Findings, Mitigation Monitoring Program, and Statement of Overriding Considerations. A. Adoption of Findings. 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 Re Proposed Rancho Del Rey Commercial Center", Attachment "A" to the Entitlements Resolution. B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the master EIR for the Rancho del Rey SPA I (EIR-87-01} and the supplemental environmental document (EIR-92-02) and in the CEQA Findings for this project, which is Attachment "A" to the Entitlements Resolution, the 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 will become Ordinance No. 2535 Page 8 binding upon the entity {such as the project proponent, the City, or the school district) assigned thereby to implement same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described in the above subparagraph B, alternatives to the project which were identified as potentially feasible in the EIR were found not to be feasible except the Site Plan Alternative which is hereby rejected because the Project, as mitigated, already reduces the impact on traffic to a level of less than significance. D. Adoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, the City Council hereby adopts Mitigation Monitoring and Reporting Program {"Program") set forth in Attachment "B" the Entitlements Resolution a copy of which is on file in the office of the City Clerk. The 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 and the Program. E. Statement of Overriding Considerations. 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 Guideline Section 15093, a Statement of Overriding Considerations if the form set forth in Attachment "C" attached to the Entitlements Resolution, 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. XV. 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, together with a copy of this resolution, its exhibits, and all resolutions passed by the City Council in connection with this project, is filed with the County Clerk of the County of San Diego. XVI. Invalidity; Automatic revocation. It is the intention of the City Council that its adoption of this Ordinance No. 2535 Page 9 Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. XVII. Effective Date This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by ~~i ~ or Robert A. Leiter Di rector of P1 ann i ng C i ty Attorney Ordinance No. 2535 Page 10 ATTACHNENT D : .-,, i,;.___..,.,~,.,,~ ~' """""""':"'-'-..j"~/,.......~ '-' " ~ t ~ ' i !}JJJ JJ '' Ordinance No. 2535 Page 11 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of November, lg92, by the following vote: AYES: Councilmembers: Horton, Malcolm, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None David L. Malcolm Mayor, Pro-Tempore ATTEST: ~' ~ Clerk ~. ~uthelet, City 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. 2535 had its first reading on November 24, 1992, and its second reading and adoption at a special meeting of said City Council held on the 30th day of November, 1992. Executed this 30th day of November, 1992. Authelet, City Clerk