HomeMy WebLinkAboutReso 1998-19274 RESOLUTION NO. 19274
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL
IMPACT REPORT (FEIR 97-04) FOR THE EASTLAKE
TRAILS/GREENS RE-PLANNING PROGRAM; 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 EastLake Company submitted an application requesting approvals for
amendments to the City of Chula Vista General Plan, EastLake II General Development Plan
and EastLake Greens Sectional Planning Area (SPA) Plan, and adoption of a SPA Plan for the
EastLake Trails Neighborhood ("Project"); and
WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare
an Environmental Impact Report (EIR) for the EastLake Trails/Greens Re-planning Program and
selected the firm of Regional Environmental Consultants (RECON) to prepare the
Environmental Impact Report; and
WHEREAS, a Draft EIR 97-04 was issued for public review on July 24, 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 EIR on August 26, 1998; and
WHEREAS, RECON prepared a Final Subsequent Environmental Impact Report (FEIR 97-
04) on the EastLake Trails/Greens Re-planning Program; and
WHEREAS, FEIR 97-04 incorporates, by reference, the prior EIR's that address the
subject property including the Master EIR for EastLake (EIR 81-3) and the Supplemental EIR
for the EastLake Greens SPA and EastLake Trails pre-zone and annexation (EIR 86-4), as well
as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. EIR
81-3 was certified by the City Council in February, 1982 and EIR 86-4 was certified by the
Chula Vista City Council on July 18, 1989; and
WHEREAS, to the extent that these Findings of Fact and the Statement of Overriding
Considerations, Exhibit "A" of this Resolution, a copy of which is on file in the office of the
City Clerk, known as Document Number, CQ98-234, conclude that proposed mitigation
measures outlined in the FEIR 97-04 are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors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 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, known as Document Number CO98-234, 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.
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Resolution 19274
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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 the Draft EIR 97-04 held on August 26, 1998, their public hearing
on this project held on November 11, 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.).
Ih FEIR 97-04 CONTENTS
That the FEIR 97-04 consists of the following:
1. Master EIR for EastLake (EIR 81-3) as well as their assorted Findings of Fact
and Mitigation Monitoring Program; and
2. Supplemental EIR for EastLake Greens SPA and EastLake Trails Prezone and
Annexation (EIR 86-4), as well as their assorted Findings of Fact and Mitigation
Monitoring and Reporting Programs.
(all hereafter collectively referred to as "FSEIR 97-04")
III. FEIR REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vista has reviewed, analyzed and considered
FEIR 97-04 and the environmental impacts therein identified for this Project, the
Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this
Resolution, known as Document Number CO98-234, and the proposed mitigation
measures contained therein, and and the Statement of Overriding Considerations
(Exhibit "B" to this Resolution, known as Document Number CO98-234), 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 97-04, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, known as
Document Number CO98-234), and the Mitjgation Monitoring and Reporting Program
(Exhibit "B" to this Resolution, known as Document Number CO98-234) 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.
V, INDEPENDENT JUDGMENT OF CITY COUNCIL
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That the City Council finds that the FEIR 97-04 reflects the independent judgment of
the City of Chuta 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, 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, known as Document
Number CO98-234, a copy of which is on file in the office of the City Clerk.
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
15093, a Statement of Overriding Considerations in the form set forth in Exhibit
"A," known as Document Number CO98-234, 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. Certain Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact
for this project, which is Exhibit "A" to this Resolution, known as Document
Number CO98-234, 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
same.
D. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact
for this project, which is Exhibit "A" to this Resolution, known as Document
Number C098-234, a copy of which is on file in the office of the City Clerk,
certain mitigation measures described in the above-referenced documents are
infeasible.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 97-04 and in the Findings of Fact,
Section XII, for this project, which is Exhibit "A" to this Resolution, known as
Document Number C098-234, a copy of which is on file in the office of the
Resolution 19274
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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 as potentially feasible in FEIR 97-04, 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 in Exhibit "B" of this Resolution, known as Document Number CO98-234,
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, the permittee/Droject 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.
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 California Environmental Quality Act ("CEQA")
(Pub. Resources Code §21000 et seq.).
Presented by Approved as to form by
Robert A. Leiter J~-}r~ M. Ka eny
Planning and Building Director ~,//Gi~y Attorney
Resolution 19274
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 24th day of November, 1998, by the following vote:
AYES: Councilmembers: Moot, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
Shirley Ho~r
ATTEST:
~Authe'let, City Clerk
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. 19274 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 24th day of November, 1998.
Executed this 24th day of November, 1998.
~Auth;let, City Clerk ~