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HomeMy WebLinkAboutReso 1989-15260 RESOLUTION NO. 15260 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING FINDINGS RELATIVE TO SECTION 12081 OF CEQA AND STATEMENT OF OVERRIDING CONSIDERATIONS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the California Environmental Quality Act requires that when a project could have significant environmental impacts, it shall not be approved by any public agency unless "CEQA Findings" and "Statement of Overriding Considerations" is adopted. WHEREAS, the Planning Commission modified and adopted the attached documents at their meeting of July 19, 1989, and August 2, 1989.-;q NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the CEQA Findings and Statement of Overriding Considerations as prepared by P&D Technologies, as modified by the Planning Commission, copies of which are attached hereto and incorporated herein by reference as - if set forth in full. Presented by Approved as to form by George Krempl, r of D: Richard Rudolf,/A~ist~n~t Planning City Attorney 6059a _ ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CH~.._A VISTA, CALIFORNIA, this 15 day Of August 19 ~9 , by the following vote, to-wit: AYES: Councilmembers Malcolm~ Moore, McCandliss, Cox NAYES: Councilmembers Nader ABSTAIN: Counci lmembers None ABSENT: CouncJ lmembers None May-or ~ tee City of Chula Vista Acting //City Clerk ST, _ OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 15260 ,and that the same has not been amended or repealed DATED City Clerk ;C-660 RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) 1I PLAN (EIR-89-2) CANDIDATE CEQA FINDINGS IN ACCORDANCE '~/ITH SECTION 21081 OF THE CALIFORNIA ENVlRONIt/~.NTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATIVE CODE ]u]y ~989 T/kI~LE OF CONTENTS Section Title Pa~e I BACKGROUND 1 2 PRO3ECT DESCRIPTION 2 3 INSIGNIFICANT IMPACTS 3 IMPACTS FOUND TO BE MITIGABLE TO INSIGNIFICANT LEVELS 1. Landf orm]A est heti cs (3.3) 2. Transportation/Access (3.6) 3. Archaeology (3.~) .~ IMPACTS FOUND INFEASIBLE TO MITIGATE TO AN 9 INSIGNIFICANT LEVEL I. Biological Resources (gC) 1. BACKGROUND It is the policy of the State of California and the City of Chula Vista that the City shall not approve a proiect if it would result in a significant environmental impact if it is feasible to avoid or substantially lessen that effect. Only when there are specific economic, social or technical reasons which make it infeasible to mitigate an impact, can a project with significant impact be approved. Therefore, when an EIR has been completed which identifies one or more potentially si gnlfi cant environmental impacts, one of the following findings must be made: I. Changes or alternatives have been required in, or incorporated into the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR, or 2. Such changes or alternatives are within the responsibility and jurisdictien of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency', or 3. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The following findings are made relative to the conclusions of the final Environmental Impact Report (~IR) for the proposed Rancho del Rey Sectional Planning Area (SPA) II Plan (EIR-gg-2) based on the EIR text, and all documents, mal~, and illustrations incloded in the public record. PRO~]E CT DESCRIPTION The proposed project involves a SPA Plan and tentative map for approximately 370 acres. The plan for the SPA 1I area is consistent with the Specific Plan although very minor land use changes have been made during the detailed planning process. The Rancho del Rey SPA II Plan proposes the construction of 567 single-family dwelling units (DU) of low-medium density (i.e, 208 DU at 0-2 DU/ac and 359 DU at 2-~ alu/ac) on approximately 192 acres. In addition, a community lacilities site totalling B. 1 acres; a neighborhood park totalling 6.5 acres; four open space areas totalling 158.3 acres; and major circulation routes totalling 12.9 acres are proposed. The approval of SPA II will also include a public Facilities Financing Plan, Design Guidelines and a Development Agreement. The previous Development Agreement with the City for SPA I includes a traffic threshold of 36,500 ADT east of the intersection of East H Street and Hidden Vista Road. In compliance with this condition~ approximately one-half of the employnent park in SPA I is on hold tntil the completion of SR-123 or an interim roadway as defined in the Transportation section of the final EIR. Due to a variety of factors, primarily market conditions, the applicant is currently proposing to develop all or portions SPA II prior to development of all or part of the "central ridge" within SPA I. If the threshold of .56,500 ADT is reached, then any portion of SPA I or SPA FI would be put on hold until the completion of SR-125 or the interim roadway as defined in final EIR. In addition to the development described above, the applicant has proposed the extension of an e.xlsting borrow site which is located along the eastern edge of SPA II in the vicinity of Rancho del Rey Parkway. As proposed, the borrow site would provide 2~g,000 cubic yards (c.y.) of soil which is needed for the current grading activities within SPA I. The limits of the proposed borrow site are within the limits of the proposed development area associated with SPA II. The proposed borrow site falls partly within Areas R-?b, R-lc, and a small part of 05-3 and is depicted in figure 2-3 of the final EIR. -2- INSIGNIFICANT IMPACTS The final F_IR for the Rancho del tley SPA II Plan concluded that thc project would no'~ have any si§nilicant adverse impacts in '~he iollowing areas (numbers reier to thc section oi thc EIR where the issue was discussed):. 1. Geology/Soils (3.1) 2. Drainage/Groundwater/Water Quality (3J2) 3. Land Use/General Plan/Zoning (3.7) 4. Commtnity Social'Factors 5. Commtnity Tax Structure (3.9) 6. Parks, Recreation and Open Space (3.10) 7. Public Services (3.1 1) Water Utilities Poi1 ce Protection Fire Protection Schools -3- IMPACTS FOUND TO BE MITIGABLE TO INSIC~XlIFICANT LEVELS 1. LANDFORM/AESTHETICS (3.3) Development of the project site under the adopted Specific Plan would require substantial landform alteration. Grading would primarily be confined to the ridge- top areas, with the major canyon areas retained as open space. The degree of visual alteration is consistent with what was anticipated when the Specific Plan was approved. Findings A. Changes or other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, as follows. These measures will be incorporated as conditions of approval for final grading, landscaping and design plans for the project, 1) All graded areas on the site will be contoured to blend with the natural onsite lanck[orm. Contouring will include both horlzontal and vertical rounding of manufactured slopes complemented with the incorporation of variable slope ratios. 51ope banl~s in excess of five feet in height will be constructed at a gradient of 2 to 1 (horizontal ~o vertical) or flatter (unless other wise approved by the City Engineer). 2) A conceptual landscape plan has been developed which addressed all graded areas on the project site, with special provisions for eleven different landscape types, including: parks, accent planting areas, arterials, the loop road, parkways, slopes, naturalized areas, endangered plant species slte&, fuel modification zone, development areas and natural open space. Landscaping will provide erosion control, visual screening and enhancement of development areas, and enhancement oi existing and future travelways. Maintenance of landscaped areas is to ke the responsibility of property owners (for their ownership), the Homeowner Association (for common areas) or the designated public agency (either the City or a special district for patios, parkways and natural open space areas). Specia~ recommendations for landsc~ping~ fencing desi~ comm~lty lighting and parking design street furniture are presented in the SPA II Plan and discussed in the EIR. Residences adjacent ot the SDG&E easements are to be properly oriented and landscaped to buffer views o! transmission lines and towers within the easement. 5) General policies related to grading with regards to development within the Rancho del Rey Specific Plan area are as follows: a. Visual significant slope banks should be preserved in their naturad state by clustering development. b, The natural character of the hillsides should be retained where practical. c. A variety of housing, padding techniques, lot sizes, site design, density, arrangement, and spacing of homes and developments should be encouraged. d. Innovative architectural, landscaping, curculation, and site design should be encouraged. e. Safety against unstable slopes or slopes subject to erosion and deterioration should be provided. Grading may be accomplished beyond the boundaries of an approved SPA plan where necessary to implement the SPA Plan uses or infrastructure facilities. B. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue of mitigation measures identified in the final EIR and incorporated into the project as set forth above. -5- 2. ARCHAEOLOGY (3.5) On October 7, 1988, Site W-3032 in SPA II was relocated by Brian F. Smith and Associates to test the site for significance and to evaluate potential impacts. When the site was relocated~ it was discovered that a large-temporary water pipeline had been erected across the site, and that a generator and pump station had also been temporarily situated at the site. Furthermore, most of the saddle area along the narrow ridge where the site was reported had been either graded for the road that parallels the pipeline, or brushed. FindinEs A. While the only site (W-3#32) does not appear to have been significant, the validation of this interpretation is no longer possible due to the disturbance of the site described above. Because there is no means to prove that the site was insignificant, it is assumed that the site was significant and that impacts to the site were adverse. The impacts which have occurred to the site will be mitigated to below a level of significance through implementation of a compensatory mitigation program. The applicant has agreed to this ~ mitigation measure and a condition will be placed on the tentative map. B. Thc proposed compensatory mitigation program would involve additional fteld study and additional research on sites in the project area. Additional sampling would be done on the prehistoric camp site located within SPA III. This site, W-3930, will be tested for significance and excavated to mitlgate for impacts from development associated with SPA III. The compensatory mitigation program for impacts associated with SPA II would consist of additional sampling of this site (as appropciate), supplemented by a research project that would focus upon the archaeological resources in the project vidnity. The emphasis of this research project would be the compilation of all archaeological data for areas undeveloped within a two-mile radius of the project. The results of this research would be submitted to the City of Chula Vista, San Diego State Universizy Clearingl~use and the Museum of Man. -6- These two measures combined would provide an enhanced resional understanding of prehistoric archaeology in the study area and would mitigate impacts to W-3t~32 to below a level of significance. 2. TRANSPORTATION/ACCESS (3.6) Vehicular use associated with the proposed project is projected to result in 5,670 average daily automobile trips (ADT) to be added to the local and regional roadway networks. Potentially significant traffic congestion and access impacts within the project vicinity are expected as a result of this increase the total number of regional trips, especially along East H Street and at the H Street/Interstate 805 interchange. Findings fi. Changes or other measures have been included in the project or are otherwise being implemented which mitigate this significant environmental effect, as follows: 1) A cap on the number of trips on East H Street has been placed at 56,500 ADT. The City will monitor the total number of trips on East H Street east of Hidden Vista Drive to determine when this roadway segment is project to reach capacity based on total ADTs (i~e.~ total ADT's include ADT's generated by the SPA II project plus ADT's generated by other development which utilize the subject section of East H Street). While the cap has been defined for the purposes of the EIR based on the referenced analysis~ the uncertainty of development in the vicinity ot the project site indicates that the established cap could be reached at any phase of SPA II development. Construction of the proposed SPA II project will proceed as planned until total ADTs projects for the subject section of East H Street Reach 56,500 ADT. If it is found that the intersection exceeds 56~300 ADT and]or the Cites Threshold Standards, City staff would cease the issuance of building permits for the project. Moreover, at the -7- discretion of City Council occupancy permits could also be denied. Under no circumstances will ADT on East H Street be permitted to ' exceed 56,50D until SR i25 or an alternate circulation network (i.e., interim roadway) that reduces ^DT from East H Street is in operation. 2) The applicant will construct the onsite circulation network to the specifications of the City of Chula Vista Department of Public Works. 3) The applicant will contribute towards a number of imporovements to roadway segments, intersections and interchanges in the project vicinity, as defined in the Findings fo rthe El Rancho del Rey Specific l~lan and in the Rancho de Rey SPA II EIR traffic analysls. The recommended improvements and the threhsolds for the construction of these improvements are detailed in Section 2).6C - Mitigation Measures. #) The developer must enter into an agreement comparable to the development agreement for SPA I which establishes a limit on building permits based on a maximtrn traffic volume of 56,500 ADT or at a level that exceeds the City's Threshold Policy. B. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by virtue o£ mitigation measures identified in the final EIR and incorporated into the project as set forth above. -8- 5. IMPACTS FOUND INFEASIBLE TO MITIGATE TO AN INSIGNIFICANT LEVEL I. BIOLOGY (3.7) A prior investigation of the biological resources on the Rancho del Rey SPA II site prepared in conjunction with the El Rancho del Key Specific Plan EIR idenTified significant unmitigable impacts to biological resources related to development of the proposed project. On the basis of the finding included in a subsequent biological report (RECON, 19g~), the SPA I1 Plan incorporated measures designed to reduced identified impacts includes preservation of nearly two-thirds of the habitat of the cactus habitat wren as well as preservation and fencing of the San Diego Thornmint. Findings A. Changes or other measures have been included in the project or are otherwise being implemented which mitigate this significant environmentaI effect, in that: 1) Consolidation of open space in the main canyon systems. 2) The SPA II plan will retain nearly two-thirds of the habitat of the cactus wren. 3) A project design modification has been made to preserve the thornmint population in natural open space. In addition, renting of the location has been suggested in the EIR as a means toward preventing ORV activity from destroying the habitat. 4) Development of a landscape plan to restore natural habitat in disturbed 5) Proper signage will be e~tablished to prohibit domestic animals and ORV use in sensitive biological open space areas from (i.e., the California black-tailed gnatcatcher habitat). B. Potential mitigation measures or proiect alternatives which would eliminate or substantially lessen the environmental effects and were not incorporated into the project were found infeasible, based on economic, social, and other considerations as set forth in the final EIR and listed below. -9- i) Development of the project site in an economically £eas[ble manner would involve some loss of biolo~cal habitat. The preservation of or even a substantial portion, of the biological resources on the project site would not allow development to occur according to the goals expressed [nthe El Rancho de[ Rey Specific Plan or the City of Chula Vista General Plan. 2) Development of the site in a way which would provide substantially more open space could result in inefficient infrastructural design and would not respond to the current and forecasted housing market needs. 3) The preservation of the biological resources on the project site would preclude the use of the site to meet current and project needs for homing, employment and recreational opportunities. 4) The preservation of the biological resources on the project site would preclude the project applicant from acl~eving the goals of developing the project site. 5) The preservation of the biological resources on the project site would preclude the City of Chula Vista from benefitting from the projected increase in net revenues which would accrue to the City from the development of the Rancho del Rey SPA II proiect. C. All significant biological environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of project changes and mitiigation measures identified in the final EIR an incorporated in the project as set forth above. There remain some significant biological impacts. D. The remaining mavoidable significant effects have been reduced to an acceptable level when balanced against facts set for the above and in the S tat em ent of eve rriding C onsi deratiens. -10- STATEI~IENT OF OVERRIDING CONSIDERATIONS BACKGROUND The Calitornla Environmental Quality Act (CEQA) and the State EIR Guidelines promulgated pursuant thereto provide: (a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. Where agencies have taken action resulting in environmental damage without explaining the reasons which supported the decision~ courts have invalidated the action. (b) Where the decision of the public agency allows the occurrence o! significant effects which are identified in the final EIR but are not mitigated~ the agency must state in writing the reasons to support its action based on the [jnaI EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15085(a) (2) or (a)(3). (c) I[ an agency makes a statement o[ overriding considerations, the statement should be included in the record o[ the project approval and should be mentioned in the Notice o[ Determination. (EIR Guidelines, Section J. 50g9) STATEMENTS The following statements are considerations which warrant approval o[ the project and therefore override the significant environmental impacts identified in E[R-gg- 2: A. As part o[ the Rancho del Rey planned community~ the SPA II project will result in the extension and implementation o[ major elements of the City's traffic circulation system (i.e.~ East H Street~ Telegraph Canyon Road, and Otay Lakes Road). B. The SPA Il project will provide a logical extension of city services~ including public transportation, law enforcement, [ire protection and public utilities. C. The proposed SPA Il project would not result in any new employment opportunities, however, as part o[ the larger El Rancho del Rey Specilic Plan a 93.~ acre employment park would be developed in the vicinity. This park is anticipated to provide a minimum of 2~335 jobs and to serve industrial~ o:[[ice~ and commercial support uses. D. The plan includes the stipulation that the da':::o?er~, o[ phases o[ El Rancho del Rey shall devote [ive percent of the total units to low-income households and five percent to moderate income households as defined in the plan. E. As a phase o£ the Rancho del Rey planned community, the project will provide a wide range of transportation alternatives in addition to the single- passenger automobile, such as an extension of the public transportation system, a pedestrian/bicycle trail system, residential and school/park complexes, and an equestrian trail system for recreation. F. Eventural project completion wi!l result in an overall positive fiscal impact on the City of Chula Vista. The development is proiected to result in excess revenues of $32~076 per year after operating costs are considered. G. The SPA I project will result in providing employment in areas adjacent to residential growth (i.e., SPA Il), thus avoiding typical employment-commuting impacts which generally result in increased energy consumption, traffic~ and air pollution. H. The project reserves l~S$ acres of open space, the vast majority of which will be preserved in its natural state. Implementation of the project will provide long term preservation of the open space areas and protection from development to the biological resources located therein. A 6.5-acre neighborhood park site is centrally located along the southside of Rancho del Rey Parkway and will provide access to the hiking and equestrian trail system in Rice Canyon. The project also includes equestrian trails and hiking and bicycle paths, an activity node with pedestrian linkages and pedestrian trails. A proposed community facility site and passive recreation opportunities within the open space areas are proposed to provide a managed interaction between residents and the natural environment.