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Home My WebLink AboutEIR 07-01 I RESOLUTION NO. EIR 07-O1 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL MAKE CERTAIN FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFY THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 07- 01) FOR THE OTAY RANCH EASTERN URBAN CENTER SECTIONAL PLANNING AREA (SPA) PLAN AND TENTATIVE MAP (TM) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, McMillin: Otay Ranch LLC, submitted applications requesting approvals fox a Sectional Planning Area (SPA) Plan and Ientative Map (IM), fox the Eastern Urban Center (EUC) ("Project"); and WHEREAS, a Draft Second Iier Environmental Impact Report (Draft EIR 07-01) for the Project was issued for public review on May 22, 2009, and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing ! for Draft EIR 07-01 on July 8, 2009 to close the public review period; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of CEQA, a Final Second Iiex EIR (Final EIR 07-01) was prepared for the Project { SPA and IM; and WHEREAS, Final EIR 07-01 incorporates all comments and recommendations received on the Draft EdR, a list of all persons, organizations, and public agencies commenting on the draft EIR, and the City's responses to all "significant environmental points" raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, additional corrections to the Final EIR 07-O1 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information ! that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088 5; and WHEREAS, Final EIR 0'7-01 incorporates, by reference, the prior EIRs that address the subject property including the Chula Vista General Plan EIR (EIR OS-O1) and the Final Otay Ranch GDP/SRP Program. EIR (EIR 90-01) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; the Project SPA Plan including the Planned Community District Regulations/Design Plan, Project Public Facilities Finance Plan, Affordable Housing Program, Sustainability Element and Parks Master Plan; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Final EIR 07-01 on August 26, 2009; and Planning Commission Resolution -EIR 07-O1 Page 2 WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated September 2009 (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 EIR 07-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista, contingent upon certification of the Final EIR 07-01 by the City Council, binds itself and the Applicant and its successors in interest, to implement those measures Ihese findings are not merely information 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, which is a section of Final EIR 07-01, 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 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 EIR 07-01 held on .July 8, 2009 and August 26, 2009, as well as the minutes and resolutions resulting therefrom, shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167 6 Ihese documents, along with any proceedings of and documents submitted to the City Council as the decision-makers in certifying the Final EIR 07-O1, shall comprise the entire record of j proceedings for any claims under the California Environmental Quality Act (Public I Resources Code §21000 et seq.) ("CEQA") ~ i II. Final EIR 07-O1 CONTENTS That the Final EIR 07-01 consists of the following: I 1 Second-Tier Draft EIR for the Project SPA Plan and TM I 2 Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4, Iechnical Appendices (All hereafter collectively referred to as "Final EIR 07-01") III. ACCOMPANYING DOCUMENT TO FINAL EIR 07-O1 1 Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT Ihat the Planning Commission does hereby find that Final EIR 07-O1, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A" to this Resolution, a Planning Commission Resolution -EIR 07-O1 Page .3 copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq..), the CEQA Guidelines (California Code Regs Iitle 14 §15000 et seq..), and the Environmental Review Procedures of the City of Chula Vista, V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION Ihat the Planning Commission finds that the Final EIR 07-01 reflects the independent ,judgment and analysis of the City of Chula Vista as the lead agency for the Project. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A Adoption of F indings of F act I 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 Exhibit "A" to this Resolution and does recommend adoption of each such finding by the City Council.. B, Statement of Overriding Considerations j 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 Planning Commission of the City of Chula Vista hereby approves and recommends for approval by the City Council, pursuant to CEQA Guidelines Section 1509.3, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this Resolution, identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable, i C Mitigation Measures Feasible and Adopted As more fully identified and set forth in Final EIR 0'7-01 and in Exhibit "A" to this Resolution, the Planning Commission hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures set forth in F final EIR 07-01 and in Exhibit "A" to this Resolution are feasible and will become binding upon the entity (such as the project proponent ar the City) assigned thereby to implement the same upon certification of the Final EIR by the City Council and upon approval of necessary discretionary actions for approval of the Project by the City Council, D, Infeasibility of Alternatives As more fully identified and set forth in Final EIR 07-01 and in Section VLA of Exhibit "A" to this Resolution, the Planning Commission hereby finds and Planning Commission Resolution -EIR 07-O1 Page 4 recommends the City Council find, pursuant to Public Resources Code Section 2108] and CEQA Guidelines Section 15091, that alternatives to the project, which were identified in Final EIR 07-01, were not found to reduce impacts to a less than significant level or meet the project objectives.. E Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081 6, the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program set forth in Final EIR 07-01. The Planning Commission further finds that the 1 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. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista on the basis of its findings as set forth above, recommends that the City Council certify ~I Final EIR 07-01 upon making the requited findings pursuant to CEQA Guidelines Section 15090 and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accardance with CEQA Guidelines Section 15091, BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. ii PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this August 26, 2009, by the following vote, to-wit: AYES: Spethman, Moctezuma, Vinson, Tripp, Felber, Thompson NOES: ABSENI: Clayton i ABSIENIIONS: i ~ 1 ii i Diana Vargas Scott W. Vinson, Chair Secretary to Planning Commission Planning Commission Presente by: ' Gar al rt, E., AIC art NCf~e d Deputy ity Manager/Development Services Director City Attorney Exhibit A: Findings of Fact and Statement of Overriding Considerations