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Home My WebLink AboutPC Mtg 02-13-2013 Item 2A Attch 3 Draft CC ResoAttachment 3 RESOLUTION NO. 2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR 09- 01 /SCH 2004081666) FOR AMENDMENTS TO THE CITY OF CHULA VISTA GENERAL PLAN (GPA- 09 -01) AND OTAY RANCH GENERAL DEVELOPMENT PLAN (PCM- 09 -11); 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, Otay Land Company LLC, submitted applications requesting ,al of amendments to the Chula Vista General Plan and Otay Ranch General )pment Plan ( "Project ") that will reconfigure existing Otay Ranch village cries, increase residential densities, amend the General Plan Circulation Element in i Chula Vista, and establish an 85 acre regional technology park (RTP) on the university site; and WHEREAS, in December 2005, the City adopted a comprehensive General Plan fpdate, amended the Otay Ranch General Development Plan (GDP), and certified EIR 5 -01 and EIR 90 -01; and WHEREAS, in accordance with Title 14 California Code of Regulations California Environmental Quality Act Guidelines or CEQA Guidelines) Section 15163 a supplemental environmental impact report (SEIR 09 -01) was prepared for the Project vhich constitutes a supplement to the first tier of documents (EIR 05 -01 and EIR 90 -01) hat evaluates the Project as it relates to the analysis contained in said environmental locuments; and WHEREAS, SEIR -09 -01 constitutes a programmatic document under the isions of Section 15168 and an SEIR under the provisions of Section 15163 of the A Guidelines; and WHEREAS, a Notice of Preparation for SEIR -09 -01 was circulated on January 51 2010 pursuant to CEQA Guidelines Section 15082; and WHEREAS, an EIR scoping meeting was held on January 26, 2010; and WHEREAS, Draft SEIR 09 -01, together with the technical appendices for the roject, was issued for a 45 day public review period on June 8, 2012, and was processed hrough the State Clearinghouse; and WHEREAS, the public review period closed on July 24, 2012; and WHEREAS, during the public comment period, the City received comments on he Draft SEIR -09 -01 and consulted with all responsible and trustee agencies, other egulatory agencies and others pursuant to CEQA Guideline Section 15086 and pursuant Jo Section 15088, all comments received were responded to in writing; and WHEREAS, the City Council has independently reviewed and considered the Contents of the Final SEIR -09 -01 at a public meeting; and WHEREAS, to the extent that the Findings of Fact for the Project, dated October 12 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City -.rk), conclude that proposed mitigation measures outlined in Final SEIR 09 -01 are �sible and have not been modified, superseded or withdrawn, the City of Chula Vista -eby binds itself and the Applicant and its successors in interest, to implement those zures. These findings are not merely information or advisory, but constitute a binding of obligations that will come into effect when the City adopts the resolution approving project. The adopted mitigation measures contained within the Mitigation Monitoring i Reporting Program (Exhibit "B" of this Resolution, a copy of which is on file in the ice of the City Clerk) are expressed as conditions of approval. Other requirements are erenced in the Mitigation Monitoring and Reporting Program adopted concurrently th these Findings of Fact and will be effectuated through the process of implementing Project; and WHEREAS, this Resolution serves only to certify the Final SEIR 09 -01 as tequired by CEQA, and not to approve the Project. By separate action, the City Council will decide whether to approve the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby determine, resolve and order as follows: RECORD The findings made in this Resolution are based upon the information and evidence set forth in the Final SEIR 09 -01 and all proceedings and all evidence introduced before he City Council, in consideration of this SEIR 09 -01 at their public meeting. The ocuments, staff report, technical studies, appendices, plans, specifications, other materials and any other documents submitted to the decision- makers and documents specified in Public Resources Code Section 21167.6, shall comprise the entire record of Proceedings for any claims under CEQA. Final SEIR 09 -01 CONTENTS That the final SEIR 09 -01 consists of the following: 1. Supplemental EIR for the Project (including technical appendices); and I 2. Comments and Responses (All hereafter collectively referred to as "SEIR 09 -01 ") ACCOMPANYING DOCUMENTS TO FEIR 09 -01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby certify that SEIR 09 -01, and the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) 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. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the SEIR 09 -01 reflects the independent judgment of the City of Chula Vista City Council. CEQA FINDINGS OF FACT, AND REPORTING PROGRAM A. Adoption of Findings of Fact MITIGATION MONITORING AND 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. Mitigation Measures Feasible and Adopted As more fully identified and set forth in SEIR 09 -01 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. C. Infeasibility of Alternatives As more fully identified and set forth in SEIR 09 -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 SEIR- 09 -01, were not found to reduce impacts to a less than significant level or meet the project objectives. D. 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 Council further 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 mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. NOTICE OF DETERMINATION That the Director of Development Services of the City of Chula Vista is directed after City Council approval of the Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula vista finds that SEIR 09 -01, and the Findings of Fact and Statement of Overriding 'onsiderations (Exhibit "A" to this Resolution, a copy which is on file with the office of le City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit `B" to lis Resolution, a copy which is on file with the office of the City Clerk) have been repared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et eq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the ,nvironmental Review Procedures of the City of Chula Vista and therefore, are hereby by: ary Halbert, PE, AICP ssistant City Manager/ irector of Development Services Approved as to form by: Glen R. Googins City Attorney