HomeMy WebLinkAboutReso 2001-361 RESOLUTION NO. 2001-361
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYiNG THE FiNAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 01-02) FOR THE
OTAY RANCH GENERAL DEVELOPMENT PLAN
AMENDMENTS/VILLAGE ELEVEN SECTIONAL PLANNING
AREA PLAN AND CONCEPTUAL TENTATIVE MAP WITH
ITS ATTENDANT ADDENDUM; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDiNG CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM,
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, Brookfield Shea Otay, LLC, submitted an application requesting approvals
for amendments to the City of Chula Vista General Plan and Otay Ranch General Development
Plan (GDP), and approval of a Sectional Planning Area (SPA) Plan and conceptual Tentative
Map (TM) for Village 11 ("Project"); and
WHEREAS, a Draft EIR 01-02 was issued for public review on July 13, 2001 and was
processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 01-02 on August 29, 2001, to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public heating for
the EIR 01-02 on September 26, 2001, and October 17, 2001, and certified EIR 01-02 and its
attendant Addendum and adopted the findings of fact, Statement of Overriding Considerations;
and the Mitigation Monitoring and Reporting Program. Further, the Planning Commission also
recommended that the City Council certify the document and adopt the findings of fact,
Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program.
WHEREAS, a Final Environmental Impact Report (FEIR 01-02) and its attendant
Addendum was prepared on the Otay Ranch General Development Plan Amendments/Village 11
Sectional Planning Area Plan and Conceptual Tentative Map; and
WHEREAS, FEIR 01-02 incorporates, by reference, the prior EIRs that address the
subject property including the Chula Vista General Plan EIR, Otay Ranch GDP/SRP Program
EIR (90-01), the Otay Ranch SPA One and Annexation Final Second Tier EIR (95-01), the Otay
Ranch SPA One and GDP/SRP Amendments Second Tier EIR (97-03), Program EIR for the
Otay Ranch and the City of Chula Vista Sphere of Influence Update (94-01), Otay Water District
Resources Master Plan Master EIR (97-04), Olympic Parkway Mitigated Negative Declaration
(MND) (IS 00-33), Program EIR for the Salt Creek Interceptor Sewer (EIR 01-03), and the
EastLake III Woods and Vistas Replanning Program (EIR 01-01) as well as their associated
Findings of Fact and Mitigation Monitoring and Reporting Programs; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, Exhibit "A" of this Resolution, a copy of which is on file in the
Office of the City Clerk, conclude that proposed mitigation measures outlined in Final EIR 01-02
are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista
Resolution 2001-361 -
Page 2
hereby binds itself and the Applicant and its successors in interest, to implement those measures.
These findings are not merely information or advisory, but constitute a binding set of obligations
that will come into effect when the City adopts the resolution approving the project. The
adopted mitigation measures contained within the Mitigation Monitoring and Reporting
Program, Exhibit "B" of this Resolution, a copy of which is on file in the Office of the City
Clerk, are expressed as conditions of approval. Other requirements are referenced in the
Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact
and will be effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as follows:
I. PLANNiNG COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on EIR 01-02 held on August 29, 2001, September 26, 2001, and October 17,
2001, and the minutes and resolutions resulting therefrom, are hereby incorporated into the
record of this proceeding. These documents, along with any documents submitted to the
decision-makers, including documents specified in Public Resources Code Section 21167.6,
subdivision(s), shall comprise the entire record of proceedings for any claims under the
California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.).
II. FEIR 01-02 CONTENTS
That the FEIR 01-02 consists of the following:
1. Second Tier EIR for the Otay Ranch GDP Amendments/Village 11 SPA Plan (including
technical appendices) and an Addendum; and
2. Public Comments and Responses to Comment
(All hereafter collectively referred to as "FEIR 01-02")
III. ACCOMPANYING DOCUMENTS TO FEIR 01-02
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 01-02 with its attendant Addendum, the
Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this
Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this
Resolution) are prepared in accordance with the requirement of CEQA (Pub. Resources Code,
§21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the
Environmental Review Procedures of the City of Chula Vista.
Resolution 2001-361
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V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
That the City Council finds that the FEIR 01-02 with its attendant Addendum reflects the
independent judgment of the City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accepts 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,
Exhibit "A" of this Resolution, a copy of which is on file in the Office of the City Clerk.
B. 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 Guidelines Section 15093, a Statement of Overriding Considerations in the
form set forth in Exhibit "A," 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.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 01-02 and in the Findings of Fact for this
project, which is Exhibit "A" to this Resolution, a copy of which is on file in the Office of the
City Clerk, the City 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 binding upon the entity (such as the project proponent or
the City) assigned thereby to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 01-01 and in the Findings of Fact, Section
XII, for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the
Office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were
identified in FEIR 01-02, were not found to reduce impacts to a less than significant level or
meet the project objectives.
E. 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 set forth in Exhibit "B" of this
Resolution, a copy of which is on file in the Office of the City Clerk. The City Council further
finds that the Program is designed to ensure that, during project implementation, the
Resolution 2001-361
Page 4
permittee/project applicant and any other responsible parties implement the project components
and comply with the mitigation measures identified in the Findings of Fact and the Mitigation
Monitoring and Reporting Program.
VII. NOTICE OF DETERMINATION
That 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. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims
under the Califomia Environmental Quality Act ("CEQA") (Public Resources Code §21000 et
seq.).
BE IT FURTHER RESOLVED THAT the City Council finds that the FEIR 01-02 with
its attendant Addendum, the Findings of Fact, Statement of Overriding Considerations (Exhibit
"A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to
this Resolution) have been prepared in accordance with the requirement of CEQA (Pub.
Resoumes Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, the
City Council certifies EIR 01-02 and adopts the Findings of Fact and Statement of Overriding
Considerations, and the Mitigation Monitoring and Reporting Program.
Presented by Approved as to form by
Robert A. Leiter Jph~aheny
Planning and Building Director qh(y Attorney
Resolution 2001-361
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of October, 2001, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Shirley Hortfin~ Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2001-361 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 23~d day of October, 2001.
Executed this 23rd day of October, 2001.
Susan Bigelow, City Clerk