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Home My WebLink AboutSEIR 2009-01RESOLUTION NO. SEIR -09 -01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SEIR 09- 01 /SCH 2004081066) 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 approval of amendments to the Chula Vista General Plan and Otay Ranch General Development Plan (Project) that will reconfigure existing Otay Ranch village boundaries, increase residential densities, amend the General Plan Circulation Element in eastern Chula Vista, and establish an 85 acre Regional Technology Park (RTP) on the future university site; and WHEREAS, in December 2005, the City adopted a comprehensive General Plan Update, amended the Otay Ranch General Development Plan (GDP), and certified Environmental Impact Report 05-01 (EIR 05 -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 which constitutes a supplement to the first tier of documents (EIR 05 -01 and EIR 90 -01) that evaluates the Project as it relates to the analysis contained in said environmental documents; and WHEREAS, SEIR -09 -01 constitutes a programmatic document under the provisions of Section 15168 and a SEIR under the provisions of Section 15163 of the CEQA Guidelines; and WHEREAS, a Notice of Preparation for SEIR -09 -01 was circulated on January 15, 2010 pursuant to CEQA Guidelines Section 15082; and WHEREAS, a SEIR scoping meeting was held on January 26, 2010; and WHEREAS, Draft SEIR 09 -01, together with the technical appendices for the Project, was issued for a 45 day public review period on June 8, 2012, and was processed through the State Clearinghouse; and Resolution SEIR -09 -01 Page -2- WHEREAS, the public review period closed on July 24, 2012; and WHEREAS, during the public comment period, the City received comments on Draft SEIR -09 -01 and consulted with all responsible and trustee agencies, other regulatory agencies and others pursuant to CEQA Guideline Section 15086 and pursuant to Section 15088, all comments received were responded to in writing; and WHEREAS, the Planning Commission has independently reviewed and considered the contents of the Final SEIR -09 -01 at a public meeting on February 13, 2013; and WHEREAS, to the extent that the Findings of Fact for the Project, dated January 2013 (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 SEIR 09 -01 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 information or advisory, but constitute a binding set of obligations that will come into effect when the City Council 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 PLANNING COMMISSION of the City of Chula Vista does hereby determine, resolve and order as follows: 1100KRU411 ME The findings made in this Resolution are based upon the information and evidence set forth in Final SEIR 09 -01 and all proceedings and all evidence introduced before the Planning Commission, in consideration of this SEIR 09 -01 at their public meeting held on February 13, 2013. The documents, 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 the CEQA. II. 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 Resolution SEIR -09 -01 Page -3- 2. Comments and Responses (All hereafter collectively referred to as "SEIR 09 -01 ") III. ACCOMPANYING DOCUMENTS TO FEIR 09 -01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find 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 the 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 PLANNING COMMISSION That the Planning Commission finds that the SEIR 09 -01 reflects the independent judgment of the City of Chula Vista Planning Commission. VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The Planning Commission 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 Planning Commission 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 Resolution SEIR -09 -01 Page -4- 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 Planning Commission 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 Public Resources Code Section 21081.6, the Planning Commission 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 Planning Commission 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. VII. 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 Planning Commission of the City of Chula Vista certifies 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) have been prepared in accordance with the requirement of CEQA (Pub. Resources 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, should be certified. Resolution SEIR -09 -01 Page -5- PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of February, 2013, by the following vote, to -wit: AYES: Livag, Moctezuma, Spethman, Vinson NOES: ABSENT: Anaya ABSTAIN: Calvo ATST: Patricia Laughlin, Secretary Presented by Assistant Manager a Moctezuma, Chair Approved as to form by