HomeMy WebLinkAboutOrd 1993-2548 ORDINANCE NO. 2548
AN ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE
PREZONING TO P-C PLANNED COMMUNITY (PCZ 93-H) FOR THE
SAN MIGUEL RANCH GENERAL DEVELOPMENT PLAN
WHEREAS, San Miguel Partners, hereafter referred to as "applicant",
submitted an application for a General Development Plan (Case # PCM 90-19) to be
approved on approximately 2,590 acres, divided into two parcels of 1,852 acres
("Northern Portion") and 738 acres ("Southern Portion"), and generally located
south and east of Sweetwater Reservoir, north of Proctor Valley Road, west of
Mount San Miguel, east of the Sweetwater Valley, and including Mother Miguel
Mountain within its boundaries ("Project Site") as depicted on the map, on file
in the office of the City Clerk; and,
WHEREAS, the applicant also submitted an application for a Pre-zoning of
the Project Site to the P-C (Planned Community) District (Case # PCZ 90-M,
collectively, with the GDP, the "Project"); and,
WHEREAS, the applicant's proposed General Development Plan is contained
within a document entitled "San Miguel Ranch General Development Plan," dated
December 16, 1991 on file in the City Planning Department, and proposes the
construction of 1,654 dwelling units and related commercial, parks, schools, on
the Project Site; and,
WHEREAS, a Draft Program Environmental Impact Report (Draft PEIR 90-02),
dated December 1991 on file in the City Planning Department, was prepared for the
proposed Project; and,
WHEREAS, the Draft PEIR indicated that the following environmental aspects
were significant and not mitigable for the proposed Project: (1) Land Use; (2)
Landform/Visual; (3) Biology; (4) Air Quality; and,
WHEREAS, the Draft PEIR was transmitted by the City of Chula Vista, as lead
agency, to all concerned parties for review and comment on December 7, 1991; and,
WHEREAS, notice of the availability of the Draft PEIR was given on December
18, 1991 as required by law; and,
WHEREAS, written comments from the public on the draft Environmental Impact
Report were accepted from December 7, 1991 to February 5, 1992; and,
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Draft PEIR on February 5, 1992; and,
WHEREAS, based upon a dispute between the applicant and staff over the Land
Use Section of the Draft PEIR relating to General Plan Consistency, the Planning
Commission held a publicly noticed workshop on April 1, 1992 to further study the
issue of this Project's consistency with the General Plan; and,
Ordinance No. 2548
Page 2
WHEREAS, at the April 1, 1992 Planning Commission workshop, the applicant
introduced two new modified plan alternatives, labeled the "Modified Concept
Plan" and the "Preservation Plan;" and,
WHEREAS, subsequent to this meeting, the applicant refined the "Modified
Concept Plan," renamed it the "Mitigation Concept Plan," and submitted it as a
new Project alternative designed to respond to the public comments on the Draft
PEIR; and,
WHEREAS, an Addendum was prepared to the Draft PEIR which analyzed the
"Modified Concept Plan" and the "Preservation Plan;" and,
WHEREAS, a second addendum was prepared to the Draft PEIR which also
analyzed the "Modified Concept Plan" and included an alternative finding for the
issue of General Plan Consistency and included alternative mitigation measures
for impacts to biology (which, however, did not change the finding of
significance within the Draft PEIR); and,
WHEREAS, agency and public comments and staff responses thereto are
addressed in the Draft Final Program Environmental Impact Report (Draft FPEIR 90-
02) for the San Miguel Ranch Project, dated September 1992; and,
WHEREAS, the Planning Commission held a public hearing on the General
Development Plan and Pre-Zone and considered the Draft FPEIR on September 30,
1992; and,
WHEREAS, the Planning Commission continued the public hearing to October
19, 1992 in order for staff and the applicant to work on a mitigation plan for
biological impacts on the Northern Portion of the Project Site; and,
WHEREAS, the Planning Commission held a continued public hearing on the
General Development Plan and Pre-Zone and considered the Draft FPEIR on October
19, 1992; and,
WHEREAS, the Planning Commission did not certify the Draft FPEIR (by a vote
of 4 in favor, 1 opposed, and 1 abstaining) and recommended denial of the Project
(by a vote of 4 in favor, I opposed, and 1 abstaining); and,
WHEREAS, the City Council held a public hearing on the Project and
considered the Draft FPEIR on October 27, 1992; and,
WHEREAS, the City Council remanded the Project to the Planning Commission
for further analysis and review (by a vote of 5 in favor, 0 opposed); and,
WHEREAS, on December 16, 1992, the applicant withdrew the proposed Project
and on January26, 1993 submitted new applications for a General Development Plan
(Case # PCM 93-14) and Pre-Zone (Case # PCZ 93-H) on file in the City Planning
Department, hereinafter referred to as the "New Plan" (the revised Project); and,
WHEREAS, a Draft Supplement to Program Environmental Impact Report EIR 90-
02 (hereinafter referred to as "Draft Supplement") dated January8,1993, on file
Ordinance No. 2548
Page 3
in in the City Planning Department was prepared to address the environmental
impacts of the "New Plan"; and,
WHEREAS, the Draft Supplement presented revised information and
environmental findings for the following environmental aspects: (1) Land Use;
{2} Landform/Visual; {3) Biology; {4} Traffic; {5) Parks & Recreation; and,
WHEREAS, the Draft Supplement was transmitted by the City of Chula Vista,
as lead agency, to all concerned parties for review and comment on January
8,1993; and,
WHEREAS, notice of the availability of the Draft Supplement was given on
January 8, 1993 as required by law; and,
WHEREAS, written comments from the public on the Draft Supplement were
accepted from January 8, 1993 to February 10, 1993; and,
WHEREAS, the City Planning Commission held a public hearing and accepted
public testimony on the Draft Supplement on February 10, 1993; and,
WHEREAS, agency and public comments have been addressed in the Response to
Comments Section of the revised Draft Final Program Environmental Impact Report
90-02 (Addenda 1 and 2 deleted and replaced by the Draft Supplement, herafter
referred to as the "Revised Draft FPEIR"), dated March, 1993; and,
WHEREAS, the Planning Commission held a public hearing on the General
Development Plan and Pre-Zone ("New Plan") and considered the Revised Draft FPEIR
on March 3, 1993; and,
WHEREAS, the Planning Commission voted to certify the Revised Draft FPEIR
by a vote of 5 in favor, 1 opposed, and 0 abstaining, and recommend approval of
the "New Plan"Project {General Development Plan and Pre-Zone} by a vote of 6 in
favor, 0 opposed, and 0 abstaining}.
WHEREAS, the City Council has by Resolution No. 17048 considered
concurrently herewith approved the New Plan GDP, subject to conditions;
NOW THEREFORE, THE CHULA VISTA CITY COUNCIL DOES HEREBY FIND, DETERMINE,
AND ORDAIN AS FOLLOWS:
A. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on the Draft PEIR, on February 5, 1992, their
public hearings on the former Project (PCM 90-19, and PCZ 90-M) on
September 30, 1992 and October 19, 1992, their public hearing on the Draft
Supplement on February 10, 1993, and their public hearing on the revised
Project ("New Plan") on March 3, 1993, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this
proceeding.
Ordinance No. 2548
Page 4
B. FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
1. The Final Program Environmental Impact Report (FPEIR) for the
project consists of:
a. 1) the Draft Program Environmental Impact Report, issue date
December, 1991, 2) Comments and Responses to Comments on Draft
PEIR, 3) the Draft Supplement dated January 8, 1993, and 4)
Comments and Responses to Comments on the Draft Supplement.
b. Appendices A through J to the Draft Program Environmental
Impact Report dated December, 1991.
2. The City Council of the City of Chula Vista has reviewed, analyzed,
and considered FPEIR 90-02, the environmental impacts therein
identified for this project; the Candidate CEQA Findings, known as
document number C093-059, 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, known as
document number C093-060, a copy of which is on file in the office
of the City Clerk, and the Statement of Overriding Considerations,
known as document number C093-061, a copy of which is on file in the
office of the City Clerk, prior to approving the project.
3. The City Council does hereby find that FPEIR 90-02, 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.
4. The City Council finds that the FPEIR reflects the independent
judgment of the Chula Vista City Council.
C. (P-C) ZONE FINDINGS
The City Council hereby finds that the proposed prezoning of the Project
Site to P-C Planned Community is consistent with the City of Chula Vista
General Plan, and that public necessity, convenience, the general welfare,
and good zoning practice support the prezoning to P-C Planned Community.
Furthermore, the findings required by Chula Vista Municipal Code Section
19.48.020 for establishment of a Planned Community (P-C) prezone and made
by the City Council in Resolution No. 17049 approving the General
Development Plan for the New Plan are hereby readopted and incorporated by
reference into this ordinance.
D. REZONING
Section 19.18.010 of the Chula Vista Municipal Code (being the Zoning Map)
is hereby amended to pre-zone the Project Site to P-C "Planned Community",
Ordinance No. 2548
Page 5
as shown on Attachment E, on file in the office of the City Clerk.
E. CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS
1. Adoption of Findings
The City Council does hereby approve and incorporate as if set forth
full herein, and make each and every one of the CEQA Findings.
2. Certain Mitigation Measures Feasible and Adopted
As is more fully identified and set forth in FPEIR 90-2 and the CEQA
Findings for the Project, the City Council hereby finds pursuant to
Public Resources Code Section 21081 and CEQA Guidelines Section
15091, that those mitigation measures described in the above
Ireferenced documents as feasible are feasible, and adopts them and
makes them binding upon the appropriate entity such as the
Applicant, the City, or other special districts, which has to
implement these specific mitigation measures.
3. Infeasibility of Mitigation Measures
As set forth in the CEQA Findings, the City Council finds that the
remainder of the proposed mitigation measures, identified therein as
infeasible, are in fact infeasible, for the reasons set forth in
said CEQA Findings.
4. Adoption of Mitigation Monitoring Program
As required by Public Resources Code Section 21081.6, the City
Council adopts the Mitigation Monitoring and Reporting Program. The
City Council finds the Program is designed to ensure that, during
the project implementation and operation, the Applicant and other
responsible parties implement the project components and comply with
the feasible mitigation measures identified in the Findings and in
the Program.
5. Infeasibility of Alternatives
As set forth in the CEQA Findings, the City Council finds that none
of the proposed Project Alternatives set forth in the FPEIR feasibly
substantially lessen or avoid the potentially significant effects
that will not be substantially lessened or avoided by adoption of
all feasible mitigation measures.
6. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures, certain
significant environmental effects caused by the Project will remain.
Therefore, the City Council of the City of Chula Vista issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding
Ordinance No. 2548
Page 6
Considerations, identifying the specific economic, social, and other
considerations that render the remaining unavoidable significant
adverse environmental effects acceptable.
7. Notice of Determination
The City Council directs the Environmental Review Coordinator to
post a Notice of Determination and file the same with the County
Clerk.
Robert A. Leiter .
Director of Planning City Attorney
Ordinance No. 2548
Page 7
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 13th day of April, 1993, by the following vote:
AYES: Councilmembers: Horton, Moore, Rindone
NOES: Councilmembers: Fox, Nader
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
B~verly A4 Authele)~,' 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. 2548 had its first reading on
March 30, lg93, and its second reading and adoption at a regular meeting of said
City Council held on the 13th day of April, 1993.
Executed this 13th day of April, 1993.
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Beverly A;~ Authelet, City Clerk