HomeMy WebLinkAboutOrd 1993-2578 ORDINANCE NO. 2578
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
(FPEIR 90-01) FOR THE OTAY RANCH PROJECT; PREZONING MOST
OF THE OTAY RANCH TO THE PC (PLANNED COMMUNITY) ZONE;
MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM, AND
ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS
I. Recitals
A. Project Site.
WHEREAS, the area of the land which is subject of this
ordinance is diagrammatically represented on Attachment G
(Attachments A through F omitted), attached hereto and
incorporated herein by reference; is commonly known as Otay Ranch
Project; and for the purpose of general description herein
consists of approximately 22,509 acres (the Project Site defined
in the Discretionary Approvals Resolution 17298, excluding 3
EastLake Land Swap Parcels, approximately 169 acres in size, and
390 acres within jurisdiction of the City of San Diego) located
south of the rural community of Jamul, 2 miles north of the
United States-Mexico border, abutting the western Chula Vista
City limits, and the eastern boundary of which is generally State
Route 94 ("Project Site"); and,
B. Project.
WHEREAS, a person having control over all or a portion of
the development of the Project Site, to-wit: the Otay Vista
Associates, L.P., (formerly known as the Baldwin Vista
Associates, L.P.) ("Developer") has applied to the City for
approval of an Otay Ranch Project (New Town Plan). The proposal
has been modified throughout project review, resulting in the
final project to develop a mixed use (residential, commercial and
industrial) community of approximately 22,509 acres, which
excludes approximately 169 acres identified as the EastLake Land
Swap Parcels (proposed residential and commercial General Plan
land use designations), and 390 acres within jurisdiction of the
City of San Diego) and allow a maximum of 23,483 dwelling units,
all of which ~s more specifically described in Section 2.0
"Project Description" of the document entitled "Candidate
Findings of Fact", known as document number C093-226, a a copy of
which is on file in the office of the City Clerk, to the
Discretionary Approvals Resolution incorporated by this
reference. ("Project"). (References to the "Project" herein
refer to the project description contained in the Candidate
Findings of Fact, which takes precedence over any inconsistencies
Ordinance No. 2578
Page 2
with other descriptions or references to the Project herein
contained); and,
C. Memorandum of Understanding.
WHEREAS, on August 1, 1989, the City Council, by Resolution
No. 15220, adopted a Memorandum of Understanding (MOU) between
the City of Chula Vista and the County of San Diego to establish
a joint planning project approach and team for the processing of
the Otay Ranch Project, including among others, a General Plan
Amendment, General Development Plan, and Environmental Impact
Report; and,
WHEREAS, said MOU empowered an Interjurisdictional Task
Force (ITF) to establish Goals, Objectives and Policies which
would guide the preparation of various project alternatives for
development of the Otay Ranch; and,
WHEREAS, all the staff and Planning Commission preparation
and recommendations regarding the Project have been made in
accordance with said MOU, and this Resolution is being considered
and acted upon concurrently with a similar one before the San
Diego County Board of Supervisors; and,
D. Application for Discretionary Approvals.
WHEREAS, on September 8, 1989, the Developer filed
applications with the City of Chula Vista for (1) a General Plan
Amendment and (2) a General Development Plan, which General
Development Plan includes the following supporting plans:
Resource Management, Village Phasing, Facility Implementation,
and Service/Revenu~ Plans ("Supporting Plans") and (3) Prezoning
(all of which applications may jointly be referred to herein as
"Discretionary Approvals Applications"); and,
E. Planning Commission Record on Applications.
WHEREAS, a public hearing on the Discretionary Approvals
Applications and/or the Draft PEIR was duly noticed before the
Planning Commission at th~ meetings of April 29, May 15, May 16,
May 22, May 29, June 17, July 31, August 19, September 11,
September 16, October 7, October 12, October 19, October 23,
October 29, November 4, November 12, November 20, December 2,
December 9, December 18, 1992 and January 15, January 27, January
29, February 3, February 10, February 13, February 19, February
24, March 13, March 17, March 24, March 31, April 14, April 22,
May 8, May 13, May 18, and October 13, 1993; and,
WHEREAS, the Planning Commission, at a public hearing held
on April 29, May 15, May 16, May 22, May 29, June 17, July 31,
August 19, September 11, September 16, October 7, October 12,
October 19, October 23, October 29, November 4, November 12,
Ordinance No. 2578
Page 3
November 20, December 2, December 9, December 18, 1992 and
January 15, January 27, January 29, February 3, February 10,
February 13, February 19, February 24, March 13, March 17, March
24, March 31, April 14, April 22, May 8, May 13, May 18, and
October 13, 1993, considered the Discretionary Approvals
Applications, took evidence as set forth in the record of its
proceedings, which are incorporated herein by reference as if set
forth in full, made certain findings as set forth in their
Recommending Resolution PCM-90-03, and recommended to the City
Council the approval of said Discretionary Approvals Applications
based on certain terms and conditions; and,
F. City Council Record on Applications.
WHEREAS, a duly called and noticed public hearing was held
before the City Council of the City of Chula Vista on July 30,
September 24, September 30, October 7, October 22, November 4,
November 24, 1992, June 2, June 16,june 30, July 12, July 21,
July 22, July 26, August 25, September 13, September 27, and
October 28,1993 on the Discretionary Approvals Applications, and
to receive the recommendations of the Planning Commission, and to
hear public testimony with regard to same; and,
G. Discretionary Approvals Resolution.
WHEREAS, at the same City Council meeting at which this
Ordinance was introduced for first reading October 28,1993), the
City Council of the City of Chula Vista adopted Resolution No.
17298 by which it amended the City's General Plan, approved the
Otay Ranch General Development Plan, including its Supporting
Plans ("Discretionary Approvals 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 hearings on the Draft PEIR, held on
September 16, October 7, October 12, and October 19, 1992 and their
public hearing on this Project held on April 29, May 15, May 16, May
22, May 29, June 17, July 31, August 19, September 11, October 23,
October 29, November 4, November 12, November 20, December 2, December
9, December 18, 1992, and January 15, January 27, January 29, February
3, February 10, February 13, February 19, February 24, March 13, March
17, March 24, March 31, April 14, April 22, May 8, May 13, May 18, and
October 13, 1993, and the minutes and resolutions resulting therefrom,
are hereby incorporated into the record of this proceeding.
Ordinance No. 2578
Pa9e 4
III. FPEIR Contents.
The FPEIR consists of the following:
A. "Final Program Environmental Impact Report - Otay Ranch Project"
(EIR 90-01) prepared by Ogden Environmental and Energy Services
and dated December, 1992, SCH # 89010154 (two volumes), which
contains the Draft Program Environmental Impact Report ("DPEIR")
distribution date July 31, 1992, revised to reflect responses
made to comments on the DPEIR and Addendum thereto dated October
8, 1993, known as document number C093-225, a copy of which is on
file in the office of the City Clerk; and,
B. Technical Reports to the Draft Program Environmental Impact
Report (Appendices A, B and C, and Volumes I through IX), and
C. Comments and Responses to Comments to the DPEIR
(all hereafter collectively referred to as "FPEIR 90-01").
IV. FPEIR Reviewed and Considered.
The City Council of the City of Chula Vista has reviewed, _
analyzed and considered FPEIR 90-01, the environmental impacts therein
identified for this Project; the Candidate CEQA Findings and the
Statement of Overriding Considerations attached to the Discretionary
Approvals Resolution (Document Number C093-226), the Mitigation
Monitoring and Reporting Program attached to the Discretionary
Approvals Resolution (Document Number C093-227), prior to approving the
Project.
V. Certification of Compliance with CEQA.
The City Council does hereby find that FPEIR 90-01, the Candidate
CEQA Findings, the Mitigation Monitoring and Reporting Program, and the
Statement of Overriding Considerations have been 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 FPEIR 90-01 reflects the independent
judgement of the City of Chula Vista City Council.
VII. Findings for Approval of PC Zone Prezonin9.
The City Council does hereby make the following findings of fact
Ordinance No. 2578
Page 5
required by Chula Vista Municipal Code Sections 19.12.020 and 19.48.050
for approval to prezone the Project Site as the PC (Planned Community)
Zone:
A. The proposed development as described in the General Development
Plan adopted concurrently herewith, will result in conformance
with the General Plan as also amended concurrently herewith,
based on the reasons set forth in Section XI of the Discretionary
Approvals Resolution.
B. The first SPA Plan for the Project is expected to be submitted
within one year after approval of the General Development Plan,
and therefore the proposed development can be initiated within
two years of establishment of the PC Zone.
C. The project designed predominantly around a transit-oriented
village concept, is substantially different than other planned
communities within the Eastern Territories of the City. Basic
needs of each residential neighborhood have been planned for and
it is expected that the proposed development will be compatible
with surrounding areas. The proposed development will constitute
a residential environment of sustained desirability and stability
and the public facilities required to be provided are adequate to
service the anticipated population and are acceptable to public
authorities having jurisdiction.
D. Proposed project industrial areas are adjacent to the Otay
Industrial Park and Brown Air Field and adjacent industrial
parks. This will result in logical extensions of existing
industrial land use patterns. They are appropriate in area,
location, and overall design, and the required design and
developmental standards will create an industrial environment of
sustained desirability and stability, as well as meet the
performance standards established by Title 19 of the Chula Vista
Municipal Code.
E. Community parks are appropriate in area, location and overall
planning and have been planned in areas that minimize potential
adverse impacts to adjacent residential areas.
F. The Project circulation system is suitable and adequate and will
result in acceptable levels of service. Proposed modifications to
the circulation system within the General Plan planning area will
result in acceptable levels of service.
G. Village core commercial areas are designed to adequately service
individual, and in some cases, adjacent villages. Larger,
freeway-oriented commercial services, as well as mixed use
regional commercial services are provided within a centralized
regional commercial center. All proposed commercial areas are
adequate and justified economically at the proposed locations.
Ordinance No. 2578
Page 6
H. Many areas adjacent to the Project are either permanent open
space or have been developed already. Land use patterns are
compatible with all adjacent developed areas and future potential
development areas.
I. Public necessity, convenience, general welfare, and good zoning
practice support the prezoning to PC.
VIII. Conditional Adoption of Prezonin9 to PC (Planned Community) zone.
The Zoning Maps established by Section 19.18.010 of the Chula
Vista Municipal Code are hereby amended by adding thereto the following
prezoning of property pursuant to Section 19.12.020 of said Code which
zoning shall be subject to the General Conditions set forth herein
below and become effective at and upon the date the subject property is
annexed to the City of Chula Vista:
That certain property consisting of approximately 22,509 acres
located south of Jamul, two miles north of the United States-
Mexico border, abutting the current western boundary of Chula
Vista, and bounded on the east by State Route 94 to PC (Planned
Community), as shown on Attachment G hereto.
IX. General Conditions of Approval.
The foregoing discretionary approval, stated to be conditioned on
"General Conditions," is hereby conditioned on the occurrence of the
General Conditions as set forth in Section IX of the Discretionary
Approvals Resolution.
X. 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.
No vested rights are gained by Developer or a successor in interest by
the City's approval of this Ordinance.
XI. Candidate Findings of Fact, Mitigation Monitoring Program, and
Statement of Overriding Considerations. -
Ordinance No. 2578
Page 7
A. Adoption of Candidate 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
everyone of the findings contained in the "Candidate Findings of
Fact" attached to the Discretionary Approvals Resolution
(Document Number C093-226).
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in the FPEIR for the Otay
Ranch Project (FPEIR-90-01) and in the Candidate CEQA Findings
the Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that the
mitigation measures described as feasible in the above referenced
documents, are feasible, and will become 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, each of the alternatives
to the project which were identified as potentially feasible in
the EIR are found not to be feasible since they could not meet
both the objectives of the Project and avoid the identified
significant environmental effects through implementation of
feasible mitigation measures for the reasons set forth in said
CEQA Findings.
D. Adoption of Mitigation Monitoring and Reporting Program.
As required by the Public Resources Code Section 21081.6, the
City Council hereby adopts the Mitigation Monitoring and
Reporting Program ("Program") (Document Number C093-227). 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, the Statement of Overriding Considerations
(Document Number C093-226) in identifying the specific economic,
social, and other considerations that render the unavoidable
significant adverse environmental effects acceptable.
Ordinance No. 2578
Page 8
XIII. 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.
XIV. Invalidity; Automatic revocation.
It is the intention of the City Council that its adoption of this
Resolution 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
ordinance shall be deemed to be automatically revoked and of no further
force and effect ab initio.
XV. Effective Date.
This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Presented by Ap
Bruce Boogaard '
Robert A. Leiter
Director of Planning City Attorney
Ordinance No. 2578
Page 9
ATTACHMENT G
,~,.-~,~^,,~o-~,-~ OTAY RANCH
PREZONE MAP
Ordinance No. 2578
Page 10
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 9th day of November, 1993, by the following vote:
AYES: Councilmembers: Horton, Moore, Rindone
NOES: Councilmembers: Fox, Nader
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. 2578 had its first reading on
October 28, 1993, and its second reading and adoption at a regular meeting of
said City Council held on the 9th day of November, 1993.
Executed this 9th day of November, 1993.
Beverly ~. Authelet, City Clerk