HomeMy WebLinkAboutReso 1999-19630 RESOLUTION NO. 19630
RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT
ENVIRONMENTAL IMPACT REPORT (FSEIR-97-02) FOR THE
SAN MIGUEL RANCH SPA PLAN MAKING CERTAIN
FINDINGS OF FACT; ADOPT1NG A STATEMENT OF
OVERRIDING CONSIDERATIONS PURSUANT TO THE
CALIFORNIA ENV1RONM ENTAL QUALITY ACT; ADOPTING
A MITIGATION MONITORING PROGRAM
WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare
an environmental impact report t~r the San Miguel Ranch SPA Plan and selected the firm of'Tetra
Tech, Inc. with P&D Enviromnental Consultants (P&D) as a subcontractor to prepare the
Environmental Impact Report (EIR). On March 21, 1998, the City, Tetra Tech, lnc. and Trimark
Pacific Homes, Ltd. entered into a three-party contract, where the City managed the preparation of
the EIR, Tetra Tech, Inc. with P&D Environmental Consuhants as a snbcontractor prepared the EIR,
and Trimark Pacific Limited reimbursed the City fi.~r the fi_~ll cost of E1R preparation: and
WHEREAS, a Draft EIR was issued tier public review on July 14, 1999, and was processed
through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing on the
Dra~ EIR on July 14, 1999; and
WHEREAS, Tetra Tech, Inc. with P& D as a snbcontractor prepared a Final Subsequent
Environmental hnpact Report (FEIR 97-02) o14 the San Miguel Ranch SPA Plan: and
WHEREAS, the Final SEI R incorporates, by refitfence, the prior El Rs that address the suhject
property including the FEIR 90-02 Rancho San Miguel General Development Plan and SEIR 95-04,
San Miguel Ranch General Plan Amendnmnt, General Development Plan Amendment, as well as
their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. FEIR 90-02
was certified by City Council on March 23, 1999 and the Second EIR SEIR 95-04 was certified by
City Council on December 17, 1996; and
WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation
measnres outlined in the Final SE1R are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista hereby binds itself and tile Applicant and its successors in interest,
to implement those measures. These findings are not merely informational 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 are express conditions of approval. Other requirements
are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these
Findings of Fact and will be etti~ctuated through the process of implementing tile Project.
Resolution 19630
Page 2
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of
Chula Vista does hereby find, determine, resolve and order as fbllows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced bef~i'e the Planning Commission at their public
hearing on the Dratl SE1R held on Jnly 14, 1999, their public hearing on this project held on
October 6, 1999 and the minutes and resolutions resnlting thereli'om, 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 tbr any claims under
the Califbrnia Environmental Quality Act CCEQA") (Pub. Resources Code 21000 et seq.).
I1. FEIR CONTENTS
That the FEIR consists ol'the fZ~llowing:
1. Rancho San Miguel General l)evelopment Plan, FEIR 90-02
2. San Miguel Ranch General Plan Amendment, General Development Plan ""'
Amendment, SEIR 95-04 (ALL HEREAFTER COLLECTIVELY
REFERRED TO AS "FSEIR 97-02"
Ill. FE1R REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vista has reviewed, analyzed and considered
SFEIR 97-02, the Findings of Fact and Statement of Overriding Considerations (Exhibit A
to this Resolution), and the Mitigation Monitoring and Reporting Program ( Exhibit B to this
Resolution), prior to approving the Project. Copies of said Exhibits are on file in the office
of the City Clerk..
IV. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL
QUALITY ACT
That the City Council does hereby find that FEIR 97-02, 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 requirements of CEQA (Public Resources Code, Section 21000 et seq.),
and the Environmental Review Procedures of the City of Chula Vista.
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
Resolution 19630
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That the City Council hereby as its first action, finds that the FSEIR 97-02 reflects the
independent judgment of the City Council and hereby certifies FSEIR-97-02.
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, 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, Exhibit "A" of this Resolution.
B. Statement of Overriding Consideration
Even after tile adoption of all feasible mitigation measures and any f~asible
alternatives, certain significant or potentially significant environmental effects caused
by the project, or cumulatively, will remain. Theret~re, the City Council of the City
of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a
Statement of Overriding Considerations in the tlmn set forth in Exhibit "B",
identifying the specific economic, social and other considerations that render the
unavoidable significant adverse environmental eltbcts acceptable
C. Certain Mitigation Measures Feasible and Adopted
As more tidly identified and set ti3rth in FSEI R 97-02 and in the Findings of Fact for
Ibis project, which is Exhibit "A" to this Resolution, 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 same.
D. lnfeasibility of Mitigation Measures
As more lhlly identified and set ti~rth in FSEIR 97-02 and in the Findings of Fact for
the project, which is Exhibit "A'' to this Resolution, certain mitigation measures
described in the above-retbrenced documents are intbasible.
E. lnfeasibility of Alternatives
As more fully identified and set fbrth in SFE1R 97-02 and in the Findings of Fact for
this project, which is Exhibit "A" to this Resolution. the City Council hereby finds
pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section
Resolution 19630 """
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15091 that alternatives to tile project, which were identified as potentially feasible in
FEIR 92-04, were tbund not to be t~asible
F. Adoption of Mitigation Monitoring and Reporting Program
As required ill tile I~nblic Resonrces Code Section 21081 .6: City Council hereby
adopts Mitigation Monitoring and Reporting Program CProgranl'') 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 hereby finds that the Program is designed to ensure that,
during project implementation, tile permittee/project applicant and any other
responsible parties implement the prc~ject components and cornply with the feasible
mitigation measures identified tile Findings of Fact and tile Program.
VII NOTICE OF DETERMINATION
That the Enviromnental Review Coordinator of the City of Chula Vista is directed at~er 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, inclnding documents specified in Public Resources Code
Section 21167.6 subdivision(s), shall comprise the entire record of proceedings for any claims "'
under the Calitbrnia Environmenial Quality Act CCEQA") (Pub. Resources Code 21000 et
seq.)
Presented by Approved as to tbrm by
~Robert A. Leiter 3 n M. Kaheny
Planning and Building Director Attorney
/
Resolution 19630
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19m day of October, 1999, by the lUllowing vote:
AYES: Councihnembers: Davis, Moot, Padilia, Salas and Hotton
NAYS: Councihnembers: None
ABSENT: Councilmembers: None
Shirley Horto~/~,Mayor
ATTEST:
Susan Bigelow, City Cl~'k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that tbe foregoing
Resolution No. 19630 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the I 9m day of October, 1999.
Executed this 19'h day of October, 1999
Susan Bigelow, City Clerk