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HomeMy WebLinkAboutEIR 94-03 RESOLUTION N0. EIR 94-03 A RESOLUTION OF~THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (FPEIR , 94-03) FOR THE CITY OF CHULA VISTA SPHERE OF INFLUENCE UPDATE STUDY MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ' ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND RECOMMENDING TO THE CITY COUNCIL THAT IT AMEND THE GENERAL PLAN LAND USE ELEMENT, ACCEPT THE DRAFT SPHERE OF INFLUENCE UPDATE STUDY, PCM 93-05, AND DIRECT ITS SUBMITTAL TO THE LOCAL AGENCY FORMATION COMMISSION FOR ADOPTION WI-IEREAS, California State law mandates that each Local Agency Formation Commission (LAFCO) adopt a Sphere of Influence plan for each city and special district within its jurisdiction; and, W)-IEREAS, in 1985, LAFCO adopted a Sphere of Influence for the City of Chula Vista and in 1990 adopted procedures for updating spheres of influence; and, WHEREAS, in November of 1992, the City of Chula Vista, in compliance with those procedures, completed and filed with San Diego LAFCO a sphere of influence questionnaire; and, I~ WHEREAS, on July 12, 1993, the LAFCO Commission approved commencement of a comprehensive sphere of influence update study for the City of Chula Vista based on I their Executive Director's recommendation; and, i i WHEREAS, in December of 1994, the Otay Ranch Project Team completed the draft Sphere of Influence Update Study on four planning areas to add 12,718 acres to the City's Sphere. This proposal includes land owned by the Baldwin company refeed to as the Otay Ranch addition to other land not owned by the Baldwin Company; and, WIlEREAS, in order to comply with LAFCO procedures, and to make the Land Use Element of the City of Chula Vista General Plan consistent with existing and future public uses, the City has initiated several amendments to the General Plan as defined in Exhibit A; and, WHEREAS, the City of Chula Vista circulated a request for proposals to prepare an environmental impact report on the Sphere of Influence Update Study, selected the firm of Lettieri-McIntyre and Associates out of seven candidate firms to prepare the EIR and, on July 21,1994, entered into a three pazty contract between the City, Lettieri-McIntyre and Associates and The Baldwin Company where the City managed the prepazation of the Planning Commission Page 2 Sphere of Influence Resolution EIR, Lettieri-McIntyre prepared the EIR and the Baldwin Company reimbursed the City for the cost of EIR preparation; and WHEREAS, the firm of Lettieri-McIntyre and Associates has prepared a Draft Program Environmental Impact Report (DPEIR 94-03) on the Draft Sphere Study and General Plan Amendments; and, WHEREAS, the Chula Vista Planning Commission, on February 22, 1995, held a duly noticed public hearing to take public testimony on the adequacy of the information in the DPEIR 94-03 and directed the Final Program Environmental Impact Report be prepared including the responses to the comments received on the DPEIR; and, WHEREAS, comments received by the City, including those from LAFCO, caused the City to conclude in the Final EIR that certain project impacts "identified as less than significant in the Draft EIR are, in fact, cumulatively significant and unmitigatable. This change in conclusions does not constitute a disclosure that a new significant environmental impact would result in the project, that a significant increase in the severity of an already considered environmental impact would result from the project, that of feasible project alternative or mitigation measure would clearing lessen the significant environmental effects of that project, or that the Draft EIR was so fundamentally and basically inadequate and the conclusory in nature as to preclude meaningful public review and comment (CEQA Guidelines, Paragraph 15088.5, Subparagraph (a)). Therefore, recirculation of the !i Draft EIR is neither necessary or appropriate, because the change in conclusions involves I only a revision of the City's ultimate characterization of cumulative impacts and not new information regarding the impacts themselves; and, WHEREAS, the Chula Vista Planning Commission, on March 21, 1995, held a duly noticed public hearing on the proposed General Plan Amendment and Sphere of Influence Update Study, reviewed the contents of the Study and recommended that the City Council amend the General Plan, accept the subject study and direct its submittal to ~ LAFCO for adoption; and, WHEREAS, the Planning Commission has found that the Draft Sphere of Influence Update Study is consistent with the City's General Plan, including the Growth Management Element, and that the territory covered by the Study could ultimately receive urban services; and, NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the ~ I City of Chula Vista does hereby find, determine, resolve and order as follows: I. FPEIR CONTENTS. That the FPEIR consists of the following: pcreso.doc Planning Commission Page 3 Sphere of Influence Resolution A. - Final Program Environmental Impact Report 94-03 B. Appendices (A through F) to Final Program Environmental Impact Report. C. Technical studies and information incorporated in the responses to comments. H. FPEIR REVIEWED AND CONSIDERED. t That the Planning Commission of the City of Chula Vista has reviewed, analyzed and considered FPEIR 94-03, the environmental impacts therein identified for this Project; the Candidate CEQA Findings, Attachment `A" to this Resolution, a copy of which is on file in the office of the City Clerk, the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program, Attachment `B" to this Resolution, a copy of which is on file in the office of the City Clerk, prior to approving the Project. III. CERTIFICATION OF COMPLIANCE WITH CEQA. That the Planning Commission does hereby find that FPEIR 94-03, the Candidate CEQA Findings and the Mitigation Monitoring and Reporting Program are prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista. I IV. INDEPENDENT JUDGMENT OF PLANNING COMMISSION. That the Planning Commission finds that the FPEIR reflects the independent judgment of the City of Chula Vista Planning Commission. V. CEQA FINDINGS, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS. A. Adoption of Findings. The Planning Commission 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, Attachment "t1" this Resolution. P~eso.ao~ Planning Commission Page 4 Sphere of Influence Resolution B. Certain Mitigation Measure Feasible and Adopted. ! As more fully identified and set forth in the Sphere of Influence Update Study Program EIR and in the CEQA Findings for this project, which is Attachment `A" to this Resolution, 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 the entity ! (such as the project proponent, the City or the school district) assigned thereby to implement same. ! C. Unfeasibility of Alternatives. As is also noted in the above-referenced environmental documents, alternatives to the project which were identified as potentially feasible in the EIR were found not be feasible. D. Adoption of Mitigation Monitoring and Reporting Program. As required by the Public Resources Code Section 21081.6, Planning ~I Commission hereby adopts Mitigation Monitoring and Reporting Program (`Program') set forth in Attachment `B" of this Resolution, a copy of which is on file in the office of the City Clerk. The Planning Commission 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 and the Program. E. 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 Attachment C, identifying the specific economic, social, and other considerations that render the unavoidable significant adverse environmental effects acceptable. i BE IT FURTHER RESOLVED that, the Commission recommends that the City Council: A. CERTIFY FINAL PROGRAM EIR 94-03. pcreso.doc Planning Commission Page 5 Sphere of Influence Resolution i B. GENERAL PLAN AMENDMENT. i I Amended the Land Use Element of the Chula Vista General Plan be as indicated on Exhibit 3-A, B and C I C. FINDING OF CONSISTENCY WITH THE GENERAL PLAN. Find that the Sphere of Influence Update Study, including but not limited to the adoption of the General Plan Amendment, is and will be consistent with the General Plan. D. SPHERE OF INFLUENCE UPDATE STUDY i Accept the Sphere of Influence Update Study and order that the Sphere of II Influence Update Study accepted on March 21, 1995, be submitted to the San Diego County Local Agency Formation Commission for official adoption. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 21st day of March, 1995, by the following vote, to- i~ wit: ' AYES: Commissioners Fuller, Martin, Tarantino and Tuchscher ' NOES: None ABSENT: Commissioners Ray, Salas, and Willett (excused) William C. Tuchscher II, Chairman ATTEST: Nancy R~ ley, Se ~etary