HomeMy WebLinkAboutReso 1998-19252 RESOLUTION NO. 19252
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL
IMPACT REPORT (FEIR 97-03) AND ADDENDUM FOR THE OTAY
RANCH AMENDED SECTIONAL PLANNING AREA (SPA) ONE;
MAKING CERTAIN FINDINGS OF FACT; ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, the Otay Ranch Company submitted an application ("Project") to amend
the City's General Plan and the Otay Ranch General Development Plan/Subregional Plan
(GDP/SRP) to modify land uses within the Master Planned Community, commonly known as
the Otay Ranch Project; and
WHEREAS, the development of the Otay Ranch Project has been the subject matter
of a General Development Plan ("GDP") previously approved by the City Council on October
28, 1993, by Resolution No. 17298 and as amended on May 14, 1996, by Resolution No.
18285 (GDP Resolution") wherein the City Council, in the environmental evaluation of said
GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report
No, 90-01, SCH//9010154 ("Program EIR 90-01 "); and
WHEREAS, the development of Otay Ranch Project has been the subject matter of the
Chula Vista Sphere of Influence Update previously approved by the City Council; and
WHEREAS, the development of the Otay Ranch Project has been the subject matter
of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on
June 4, 1996, by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in
the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final
Environmental Impact Report No. 95-01, SCH//95021012 ("FEIR 95-01 "); and
WHEREAS, a Draft Second-tier EIR for the Project was issued for public review on July
7, 1998, was reviewed by the Resource Conservation Commission on August 17, 1998, and
was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing on
the Draft Second-tier EIR on August 26, 1998; and
WHEREAS, this Draft Second-tier EIR for the Project incorporates, by reference, three
prior EIRs: the Otay Ranch General Developrnent Plan/Subregional Plan (GDP/SRP) EIR 90-01;
the Chula Vista Sphere of Influence Update EIR 94-03, as well as their associated Findings
of Fact and Mitigation Monitoring and Reporting Programs; and the SPA One FEIR 95-01.
Program EIR 90-01 was certified by the Chu!a Vista City Council and San Diego County Board
of Supervisors on October 28, 1993; the Sphere of Influence Update EIR 94-03 was certified
by the Chula Vista City Council on March 21, 1995; and the SPA One FEIR 95-01 was
certified by the Chula Vista City Council on June 4, 1996; and
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WHEREAS, since the preparation of the Final EIR, the Otay Tarplant has been listed as
threatened by the U. S. Fish & Wildlife Service which has resulted in the need for an
addendum and revisions to the Final EIR, CEQA Findings of Fact and Mitigation Monitoring
Program; and
WHEREAS, to the extent the Findings of Fact, a copy of which is on file in the office
of the City Clerk, known as Document Number CO98-224, conclude that proposed mitigation
measures outlined in the Final Second-tier EIR are feasible and have not been modified,
superseded or withdrawn, the City of Chula Vista hereby binds itself and the 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,
a copy of which is on file in the office of the City Clerk, known as Document Number CO98-
224, 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 effectuated through the process of implementing the Project.
NOW, THEREFORE, BE IT RESC)LVED 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 the Draft Second-tier EIR held on August 26, 1998, their public
hearing on this project held on November 4, 1998, 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") (Pub. Resources Code §21000 et seq.). Copies
of said documents are on file in the Office of the City Clerk.
II. FEIR CONTENTS (Document Number CO98-224, on file in the City Clerk's office.)
That the Draft Second-tier EIR 97-03 consists of the following:
1. Qtay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01,
as well as their associated Findings of Fact and Mitigation Monitoring and
Reporting Programs; and
2. The Chula Vista Sphere of Influence Update EIR 94-03, as well as their
associated Findings of Fact and Mitigation Monitoring and Reporting Programs;
and
3. FEIR 95-01, including three Addendures, as well as their associated Findings of
Fact and Mitigation Monitoring and Reporting Programs; and
4. FEIR 97-03, including one Addendum, as well as their associated Findings of
Fact and Mitigation Monitoring and Reporting Programs,
(all hereafter collectively referred to as "FEIR 97-03").
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III. ADDENDUM TO FEIR 97-03
The City Council of the City of Chula Vista has determined that although the legal
status of the Otay Tarplant has recently changed, the basic conclusions of the FEIR
have not changed because (1) the EIR included survey data for the plant, (2) mitigation
measures to protect the plant population and (3) the plant is listed under State law and
was treated in the FEIR as a protected species.
Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has
prepared the Addendure to the FEIR for the Otay Ranch SPA One EIR 97-03.
IV. FEIR REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vista has reviewed, analyzed and considered
FEIR 97-03 and Addendure and the environmental impacts therein identified for this
Project, the Findings of Fact and the Statement of Overriding Considerations, (known
as Document Number CO98-224), and the proposed mitigation measures contained
therein, and the Mitigation Monitoring and Reporting Program (known as Document
Number CO98-224), prior to approving the Project. Copies of said Exhibits are on file
in the office of the City Clerk.
V. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 97-03 and Addendure, the Findings
of Fact and the Statement of Overriding Considerations (known as Document Number
CO98-224), and the Mitigation Monitoring and Reporting Program (known as Document
Number CO98-224) are prepared in accordance with the requirements 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.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 97-03 reflects the independent judgment of
the City of Chula Vista City Council.
VII. 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 (known as Document Number CO98-224).
B. Statement of Overriding Consideration
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
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15093, a Staternent of Overriding Considerations in the form set forth (known
as Document Number CO98-224), identifying the specific economic, social and
other considerations that render the unavoidable significant adverse
environmental effects acceptable.
C. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 97*03 and in the Findings of Fact
for this project (known as Document Number CO98-224), 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 docurnents are feasible and will become binding upon the Applicant
and its successors in interest and any other responsible entity (such as the
project proponent or the City) to implement same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 97-03 and in the Findings of Fact
for this project (known as Document Number CO98-224), certain mitigation
measures described in the above-referenced documents are infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 97~03 and in the Findings of Fact,
Section XII, for this project (known as Document Number C098-224), 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 as potentially feasible in FEIR 97-03, were found not to be feasible.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council
hereby adopts Mitigation Monitoring and Reporting Program ("Program") set
forth (known as Document Number CO98-224). The City 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 of Fact and the Program.
VIII. 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 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 California Environmental Quality Act ("CEQA")
(Pub. Resources Code §21000 et seq.).
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Presented by Approved as to form by
/ ,
Robert Leiter John Kaheny
Planning and Building Director y
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10,h day of November, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Rindone
ABSTAIN: Councilmembers: None
ATTEST:
~uth;let, City Clerk i
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19252 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 10'h day of November, 1998.
Executed this 10th day of November, 1998.
~helet~ City Clerk