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CHULA VISfA
DECEA2BER 17, 2013; Item /Z
ITEM TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA A4AKII�'G CERTAIi�' FII�TDII�TGS OF FACT:
ADOPTING A STATEMENT OF OVERRIDIA'G
CONSIDERATIONS: ADOPTIi�iG A MITIGATION
MONITORING AI�TD REPORTING PROGRr1M AI�iD
CERTIFI'ING THE FR�'AL SECOND TIER
ENVIRONI��IEI`TTAL IMPACT REPORT (EIR 10-03/SCH
2010062093) FOR THE OTAY RAI�'CH VILLAGE EIGHT
R�EST SECTIONAL PLANNII�TG AREA AI�iD TENTATNE
A4AP PURSUAI�TT TO THE CALIFORNIA
EWIRO?�gNTAL QUALITY ACT
SUBMITTED BY: DEVELOPMENT SERVICES DIRECTOR ��
REVIE�i'ED BY: CITY MANAGE�
ASSISTAI�TT/DEP TY CITY MAI�TAGE�
4/STHS VOTE: YES � NO �X
SUA�4AR1'
In accordance �;�ith the requirements of the Califomia Environmental Quality Act
(CEQA), a Second Tier Environmental Impact Report (EIR), CEQA Findin�s of Fact and
Statement of Overridine Considerations, and Mitigation I�4onitoring and Reporting
Program (IvLMRP) ha��e�been prepazed for the Ota}� Ranch Villaee 8 \'�'est Sectional
Planning Area (SPA) Plan and Tentative Map (TM). In accordance «�th Section 1�105(a)
of the CEQA Guidelines, the Drafr Villaee 8 �'�'est EIR«�as cuculated for a 4�-day public
re��ie���. Written comments H�ere received durine the public review period; and responses
to the commenu aze included in the Final Villaoe 8 West EIR. This staff report discusses
the eeneral content of the Villaee 8 West Final EIR; CEQA Findinss of Fact; and
MA�2P. The Ciri� Council must consider the Villase 8 West Final EIR before takins anv
action on the Villaee 8 �Vest SPA Plan and TI�9. � �
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December 17; 2013, Item �Z
Page 2 of 10
ENVIRONMENTAL REVIEW
The Final Second Tier EIR for the Villaee 8 West SPA and TM has been prepared in
accordance with the State CEQA Guidelines and the Environmental Review Procedures
of the City of Chula Vista.
RECOM111ENDATION
That the City Council adopt the Resolution certifying EIR 10-03.
BOARDS/COMMISSION RECOMMENDATION
On November 20, 2013, the Planning Commission held a public hearing to consider the
Final EIR for Village 8 West. No members of the public commented on the Final EIR
during the public hearing. Select Planning Commissioners raised concems regarding the
eaasperation of traffic impacts along Ol}�mpic Pazkway and the timing of the Main Street
connection bet��een Heritage Road and La Media Road . Following-public testimony, the
Planning Commission adopted Resolution No. EIR 10-03 recommending the City
Council certify that the Fina] Second Tier Environmental Impact Report (ELR 10-03) for
the Village 8 West Sectional Planning Area Plan and Tentative A4ap (vote 4-2-0-1) (see
Attachment 1).
DISCUSSION
Otay Land Company, LLC has submitted an application requesting approvals for a
Village 8 West SPA Plan and TM (collectively, the Project). The Village 8 West EIR
evaluates the em�ironmental effects of the Project. The Project proposes development of a
maximum of 2,050 multi- and single-family residential units and 300,000 square feet of
office and commercial uses over a period of 20 years on approximately 300 acres of land.
Additional uses called out in the SPA Plan are community purpose facilities, elementary
and middle schools, urban parks and open space preserve:A 30-foot �7de off=site utility
r.orridor is proposed that would extend south from the site. The corridor would include a
sewer line that will connect to the existing Salt Creek Sewer Trunk Line, a storm drain to
direct drainage to the Otay River, and a pedestrian trail connection to the City's
Greenbelt Trail system. The proposed development is consistent �vith the Chula Vista
General Plan (GP) and Otay Ranch General Development Plan (GDP).
CEOA Compliance
The Village 8 West Final EIR has been prepared in accordance with CEQA (Public
Resources Code Section 21000 et seq.) and the City of Chula Vista's environmental
review procedures. Pursuant to Section 21067 of CEQA and Section 15367 and Sections
1�050 through 15053 of the CEQA Guidelines, the City of Chula Vista is the Lead
Agency under whose authority this EIR has been prepared.
E3ecause of the size, complexity of issues and extended buildout period of the
development of Otay Ranch, both the planning and environmental documentation
associated with Otay Ranch were tiered from the general to the specific. The first tier of
planning and approvals included approval of the Final Otay Ranch GDP/Sub-regional
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December ]7. 2013. Item �
Page 3 of 10
Plan (SRP) and associated Program EIR (90-01). EIR 90-01 was prepazed and certified
jointly by the Cin� and County of San Diego in 1993. EIR 90-01 was certified w-ith the
intent that the individual SPA plannine projects ���ithin Ota�� Ranch ���ould be revie«�ed as
"second-tier` projects pursuant to Section I�1�2 of the CEQA Guidelines. Under such
tiering principles. the Village 8 �i'est SPA Plan and TM aze anallzed at a second-tier
level of review (project level). The Village 8 R'est Final EIR incorporates b�� reference
and serves as a second-tier EIR to EIR 90-01 as �vell as its associated Findings of Fact
and A4iti¢ation n4onitorine and Reportin� Program.
In 200�, the Cin� completed a comprehensive update of its General Plan (200� GPU),
���hich included amendments to the Otay Ranch GDP. Althoueh the 200� GPU included
land use desienations for the entire City; the Ciry Council did not tal:e action on the
proposed land use designations and polices in the "Deferral Area " which induded
several ��illaee sites, includina Villaee 8 West. A subsequent GPA/GDPA ��as approved
in 2013 that established land use designations for the Deferral Area, and re-desi¢nated
land uses in the surroundin2 azea. The GPA/GDPA land use chanse area inciudes Viliaee
8 Vdest, Village 9; the University site and the Regional Technoloey Pazk (RTP). The
GPAIGDPA included policy revisions to the 200� GPU/GDPA, re��isions to the General
Plan Cuculation Plan; reconfieuration of village boundaries, and land use designation
amendments. A Supplemental EIR (SEIR 09-01) was certified for the GPA/GDPA in
accordance „�th the CEQA and the widelines of the City of Chula Vista. The 2013 SEIR
was a supplemental analysis that updated the 200� GPU EIR (EIR 0�-01). The SEIR only
included environmental anal}�sis of the uses, issues that were affected by the updated
policies and land use desienations in the 2013 GPA/GDPA. As such; the Villaee 8 R'est
EIR also incorporates by reference and serves as a second-tier EIR to the 2013
GPA/GDPA SEIR 09-01.
Pursuant to CEQA Guidelines Section 1�161; this document has been prepazed as a
"Project EIR" and is "focused primarily on the chanses in the em�ironment that would
result from the developmenY` (i.e., the project). R'here environmental impacts have been
determined to be potentiallv significant, the Villaee 8 West Final EIR presents mitigation
measures directed at reducina those adverse en��uonmental effects. The mitieation
measures proposed for the project ��ill substantially lessen or avoid the significant effects
of the project on the environment, to the degree feasible and ha��e been included in the
Village 8 VJest MI�4RP.
Comments on the Draft EIR
The Villaae 8 R'est Draft EIR was circulated for a 4�-day public revie�i�period from June
7. 2013 throueh July 22, 20li. Letters of comment were received on the Villaee 8 \�Test
Drafr EIR from the following agencies and individuals:
• U.S. Fish and A'ildlife Sen�ice (USF�'�'S) and Califomia Department of Fish and
R%ildlife
• Califomia Department of Transportation (Caltrans; District 11)
• City of San Dieeo (Department of Pazk and Recreation)
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December 17, 2013, Item �Z
Page 4 of ]0
• Chula Vista Elementary School District
• San Diego County Archaeological Society, Inc.
• Otay Valley Quarr}�, LLC
• Theresa Acerro, Chula Vista Resident
Comments received during the 45-day public review period and the Cit}� responses have
been responded to in the Village 8 West Final EIR (Attachment 2).
Additional Revisions to Draft EIR
Staff observed minor typographical errors and inconsistencies in the Draft EIR during the
public review period. Corrections and clarifications have been made in the Drafr EIR, and
the Final EIR reflects the corrected information. None of the minor corrections and
clarifications resulted 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.
Findin�s o(the Villa�e 8 West Final EIR 10-03
The Village 8 West Final EIR identified direct and cumulative significant environmental
effects (or "impacts") that would result from the Project. Some of these significant effects
can be reduced to belo�v significance through the adoption of feasible mitigation
measures. Other significant effects cannot be avoided by the adoption of feasible
mitigation measures or alternatives, and aze considered significant and unmitigated.
Summarv of Environmental Imaacts
The following discussion contains a summary of the impact conclusions from the Village
8 West Final EIR. Direct (project level) and cumulative impacts (effects from tlie Project
and other past, present and possible future projects) which when considered together are
considerable or which compound or increase other environmental impacts (CEQA
Guidelines Section 15li0)) are identified and divided into three categories:
1. Significant and Unmitigated
2. Significant and Mitigated to Less Than Significant
3. Less Than Si�nificant
Cumulative impacts are cumulatively considerable when the incremental effects of the
1'roject are significant ��hen viewed in connection with the effects of past projects, the
effects of other cunent projects, and the effects of probable future projects (CEQA
Guidelines section 15065(a)(3)).
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December 17. 2013. Item /Z
Pa�e � of]0
I) Signifrcairt and Unmitigated Impacu
• Aesthetics/Landform Alterations
— The Project«�ould result in si�ificant unpacts to the risual character and qualin-
of the project azea in that the development would permanently change the site
from undeveloped rollina hills to an urban em�ronment. �
• Air Qualin�
— The Project �vould result in a sienificant d'uect and cumularive impact because
construction activities and project operavons would exceed the federal and state
standards for criteria pollutants; and,
— The Project ���ould result in a simificant direct and cumulative impact because
its de��elopment yields aze not consistent �i2th the �o�th projections in the
current San Dieeo County Re�ional Air Qualiri� Standard (RAQS). The current
RAQS aze based on the Cin�'s 2005 GPU. Thus; the Project H�ould exceed the
regional �owth projecu until the RAQS is updated to reflect the gro�th
projected in the 2013 GPA/GDPA.
• I�'oise
— 1'he Project would result in a si�ificant cumulative impact (short-term —existing
plus project scenario only) to ambient noise levels until the proposed road���av
system is complete. Implementation of the Villaee 8 West SPA Plan and 1'I�4
���ould include the construction of new road���ays that would reduce lone-term
traffic and associated vaffic generated noise on the road�vays surroundine the
project site. Once the build-out roadwa}° system is complete, sienificant impacts
to ambient noise levels would be less than simificant.
• Cultural Resources
— The Project ���ould result in a simificant cumulaUve unpact because its
development ���ould incrementally increase impacts to the historical record and
cultural resources «�thin the San Diego region.
_ • Global Climate Chanae
— The Project would result in a si�ificant direct and cumulative impact because
iu development would exceed the state and federal standazds for omne '
precursors. Ozone precursors such as niVOgen otides or volatile organic
compounds (VOCs) aze a contributing factor in 2lobal ���arming. Under the
conte�-t of global climate change; increased temperatures �i�ould have the
potential to increase the creation of �ound-level ozone in the SDAB, ��hich
could exacerbate health unpacts associated ���th ozone.
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December 17; 2013, Item �Z-
Page 6 of]0
• Agriculhue
- The Project would result in a significant direct and cumulative impact to
Fannland of Local Importance because its development would permanently
change the site from undeveloped agricultural lands to an urban em�ironment.
• Public Utilities
- Water Supply
The Project would result in a significant direct and cumulative impact because
long-term water supply availability cannot be guaranteed. Although the Water
Supply Assessment and Verification (WSAV) for the Village 8 West SPA
Plan and the water supply and reliability studies from Otay Water District
(OWD) identify adequate water supplies for Village 8 West, there is no
guarantee that long-term water supply would be available to serve the project.
- Recycled Water
The Project would result in a cumulatively significant impact to recycled water
supply and demand. Infrastructure improvemenu needed to meet long-term
recycled water demand are the responsibiliry of OWD and outside the
jurisdiction of the City. A cumulatively considerable and unavoidable impact
would occur until OWD has constructed the recycled water infrastructure needed
to meet regional projected recycled water demands.
- Wastewater
The Project in combination w2th other foreseeable growth could require sewage
treatment beyond the Ciry's existing wastewater Veatment capacity rights and
allocated additional treatment capacity. As the location and scope of construction
for any future eapanded or newly developed treatment facilities is unhnown, the
development of treatment capacity may result in potentially significant and
unavoidable impacts associated ��ith construction of new or e�panded treatment
facilities.
- Energy Resources
The Project would result in a significant d'uect and cumulative impact to energy
resowces because of the uncertainty regazding ]ong-term energy supply.
Although City programs and policies would result in more efficient use of
energy ti�thin the Project, they do not ensure that increased energy resources will
be a��ailable when needed.
Al] feasible mitigation measures have been required of the Project with respect to
these impacts. Although in some instances these mitigation measures may
substantially lessen these significant impacts, adoption of the measures will not fully
avoid the impacts. The conclusion for significant and wunitigated impacts related to
landform alterations, air quality, noise; cultural resources, water supply, and energy
aze consistent with the findings contained in the previously adopted 2005 GPU PEIR
and 2013 GPA/GDPA SEIR.
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December 17, 2013, Item �z
PaQe 7 of 10
Role of the Cirv as a Lead Aeencv Reeazdine Sisnificant and Unmitieated Impacts
As a Lead Agenc}�; the City must mal:e findings pursuant to CEQA Guidelines Sections
15043; 15091, and 15093 for each significant impact and urunitigated impacts. The
attached Findines of Fact and Statement of Overridine Considerations have been
prepared specificall}� for the project actions for ���hich the Cin� has authorit}� to appro��e
or cam� out (see Attachment 3, Findings of Fact and Statement of Overridina
Considerations; dated August 2013). Sections 15043 and 15093 of the CEQA
Guidelines find that the adverse environmental effects are considered "acceptable" and
a Lead Aeency can approve a project that ���11 result in the occurrence of significant
effects �i-hen, based upon substantial evidence_ findings have been made that specific
economic; legal; social, technological or other benefits of a Proposed Project outweigh
the unavoidable adverse environmental effects.
2) Significant and Mitigated to Less tltan Significai:t
Sienificant impacts «�ere identified in the followine environmental issue azeas; and
mitieation measures were required in the EIR to reduce the impacts to less than
sianificant. A A��RP has been prepazed to ensure that the mitieation measures ���11 be
implemented in accordance with specified monitoring requirements.
• Land Use and Planning
- A4itigation Measures �.I-]; �.1-2 and �.6-1 throueh �.6-19 �;�ould reduce
potentially simificant impacts to land use compatibility and conflicts ���ith
Habitat Conservation Plans (HCP) or Natural Community Conservation
Planning (i�'CCP) to less than si�ificant. No sienificant effecu H�ere
identified for conflicts ���ith land use plans, policies, and reQulations.
• Aesthetics/Landform Alterations
- Miti�ation Measures 5.2-1 and �.2-2 would reduce potentially siguficant
impacts to scenic resources; liehting and slare. and landform alteration to less
than si�ificant I�'o significant direct effects ���ere identified for scenic vistas
and consistency ���ith visual chazacter policies.
• Transportation
- Mitieation Measures �3-1 through �3-20; and �.13-2 throueh �.13-4 would
reduce potentially sienificant impacts to traffic and level of service standards,
congestion management, and air traffic pattems to less than si�ificant. No
simificant effecu H�ere identified for road safety, emereency access; and
consistency ���ith transportation policies. �
• Air Qualih-
- Mitieation Measures 5.4-1 throuah �.4-4 would reduce potentially si�nificant
impacts to sensitive receptors. I�'o significant effects ���ere identified for
objectionable odors and consistenc}� �vith air quality policies.
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December 17; 2013, Item �Z
Page 8 of 10
• Noise
- Mitieation Measures 5.5-1 through 5.5-8 would reduce potential]}� significant
impacts related to excessive noise levels, short-terrn increase in noise level,
and temporary increases in ambient noise levels to less than significant. No
significant effects were identified for excessive ground-borne vibration,
aircraft noise, and consistency with noise polices.
• Bioloeical Resources
- Mitigation Measures 5.4-1 through 5.4-3, 5.6-1 through 5.6-19, and 5.11-1
through �.11-5 would reduce potentially significant impacts to sensitive plant
and ��ildlife species; riparian habitat and other sensitive natural communities;
federally protected wetlands; and conflicts with local policies, ordinances,
HCP; or NCCP to less than significant. No significant effects were identified
for ti�ildlife movement comdors and nursery sites.
• Cultural and Paleontological Resources
- Mitigation Measures 5.7-1 through 5.7-8 would reduce potentially significant
impacts to azchaeological resources, human remains, and paleontological
resources to less than significant. No significant effects ��ere identified for
historical resources and consistency with cultural resource policies.
• Geology and Soils
- Mitigation D4easures 5.8-1, 5.8-2 and 5.11-1 through 5.11-5 would reduce
potentially significant impacts to exposure to seismic related hazazds, soil
erosion or topsoil loss, soil stability, and expansive soils to less than
significant. No significant effects were identified for consistency �vith
geotechnical policies and waste water disposa] systems.
• Public Services
- Mitigation Measures 5.9.1-1 through 5.9.5-6 would reduce potentially
significant impacts to fire protection service standards, consistency with fire
and emergency medical sen�ice policies, police service standards, consistency
with police service policies, school facilities, schools siting, library service
standards, deterioration of parks and recreation facilities, and parks and
recreation standards. No significant effects were identified for fire and
emergency medical facilities, police service facilities, consistency with school
policies, library facilities, consistency ��ith library policies, new recreation
facilities; and consistenc}� ���ith park policies.
• Hydrology and Water Quality
- Mitigation Measures 5.11-1 through 5.11-5 would reduce potentially
significant impacts to water quality standazds, erosion or siltation, surface
runoff, exceed drainage capacity, and degradation of water quality to less than
significant. No significant effects were identified for groundwater supplies
and recharge, ]00-year flood hazards, consistency with ���ater quality policies,
flooding, and inundation.
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December 17. 2013, Item /2
Paee 9 of 10
• Am�icultural Resources
— A4itiaation ?�4easure 5.12-1 would reduce potentiall}� sienificant impacts to
land use zoning conflicts to less than significant. I�TO sianificant effects ��ere
identified for consistency��ith aaricultural resource policies.
• Hazards/Risk of Upset
— Mitioation Measures S.li-1 through �.13-4 would reduce potentially
sienificant impacu related to accidental release of hazardous materials.
hazards to schools, airport hazards, consistencv «�th hazard policies. and
historic use of pesticides to less than sienificant. No significant effects ���ere
identified for transport; use, or disposal of hazardous materials; existin�
hazardous material sites; emer2encv response and e��acuation plans; and
«�ildland fires.
• Public Utilities
— Mitigation Measures 515.1-4 through 5.1�.4-2 would reduce potentiallv
si�nificant unpacts to compliance ���ith cin�-��7de �i�ater supply thresholds,
adequate waste«�ater facilities, and new rec}�cled ���ater facilities. \'o
sienificant effects ���ere identified for ne�i� �i�ater treatment facilities,
consistencv with N�ater supply policies, consistenc}� ���th city ���astewater
eneineerine standards, consistency with wastewater polices; sufficient landfill
capacity, solid waste regulations: consistency ti7th solid ti�aste policies;
consistency with rec��cled «�ater policies, ���asteful use of enerey, and
consistencv �+�ith enerey policies to less than sienificant.
3) Less than Signiftcm�t Impacts
Less than si�ificant impacts ���ere identified in the follo«ing environmental issue
azeas:
• Housine and Population
• Mineral Resources
DECISION A4AKER CONFLICT
Staff has revie„�ed the property holdines of the Ciry Council and has found no propem�
holdines ���ithin �00 feet of the boundaries of the property, �vhich is the subject to this
action.�Staff is not independently a��aze; nor has staff been informed by any City Council
member, of an}� other fact that ma}� constitute a basis for a decision-mal:er conflict of
interest in this matter.
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December 17, 20li, Item �2
Page 10 of 10
RELATIONSHIP TO THE CITY'S STRATEGIC PLAN
The City`s Strategic Plan has five major goals: Operational Excellence, Economic
Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected
Communit}�. The Village 8 West Project supports the Economic Vitality goa1, particularly
City Initiative 2.13 (Promote and support development of quality master-planned
communities). The Village 8 West EIR supports the Village 8 West implementation
documents (the SPA Plan and TM). Approval of those implementation level documents
will assure the development of qualit�� master-planned communities and allow the City
the opportunity to accept lands for the Universit�� Pazk and Innovation District, as agreed
to in the Land Offer Agreement.
CURRENT YEAR FISCAL IMPACT
The processing costs for the SPA Plan, TM, EIR and all supporting documents were
funded by a developer deposit account. This account funded city staff and consultants
representing the city on the Village 8 R'est.
ONGOING FISCAL IMPACT
The ongoing costs for implementing the MMRP will be funded by a developer deposit
account. This account will fund city staff and consultants as necessary.
ATTACHMENTS
1. Planning Commission Resolution EIR 10-03.
2. Final EIR 10-03 (5 bound volumes or CD available in the Office of the City
Clerk)
a. Comments and Responses
b. Mitigation Monitoring and Reporting Program
3. Findings of Fact and Statement of Ovemding Considerations (bound volume or
CD available in the Office of the City Clerk)
Prepared bv: Glen Laube, Senior Planner, Dei�elopment Services Deparrnzent
12-10
ATTACHMENT 1
RESOLUTION \O. EIR 10-03
RESOLUTION OF THE PLA1V1�'ING COn�MISSION OF THE CITY OF
CHULA VISTA RECOMAZENDI\�G THE CITY COUl�'CIL 1�iAKE
CERTAIN FI\�I\`GS OF FACT; ADOPT A STATEn'LENT OF
OVERRIDING CONSIDERATIONS; ADOPT A A7ITIGATION
n�On�ITORI\'G �\'D REPORTI�'G PROGRAM A,\TD CERTIFI' THE
FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 10-
03/SCH 2O10062093) FOR THE OTAY RAi\'CH VILLAGE 8 ��'EST
SECTIO\'AL PLA_1'\'ING AREA PLA1V A1VD TENTATI�'E NIAP
PURSUANT TO THE CALIFORIVIA En�'IRONMENTAL, QUALITY ACT
A'I-IEREAS, Otay Land Company; LLC; submitted applications requestin� approrals for
a Sectional Piannine Area (SPA) Plan and Tentati��e A4ap (Tn�, for Otati� Ranch Village 8 �4'est
(Project); and -
�'IIEREAS; a Draft Second Tier Environmental Impact Repon (Drafr EIR 10-03 or
Drafr EIR) for the Project ��as issued for public review on June 7. 20li, and ���as processed •
throu�h the State Clearinghouse; and
WHEREAS; in consideration of the comments received on the Draft EIR and
requirements of the Califomia Environmental Quality Act (CEQA), a Final Second Tier EIR
(Final EIR 10-03 or Final EIR) ��as prepazed for the Project; and
WHEREAS, Final EIR 10-O.i incorporates all comments and recommendations received
on the Drafr EIR a list of all persons; oreanizations, and public aQencies commenting on the
Drafr EIR, and the Citv's responses to all "sienificant environmental points ' raised by public and
agency comments submitted during the revie��� and consultation process. in accordance with
CEQA Guidelines Section l�li2; and
�T�'I�REAS. additional corrections to Final EIR 10-03 did not result in modifications to
conclusions regazdins simificance of impacts or the addition of significant new information that
would require recirculation of the EIR pursuant to CEQA Guidelines section 1�088.�; and
WHEREAS, Final EIR 10-03 incorporates, by reference; the prior EIRs that address the
subject property includine the 20li Chula Vista General Plan AmendmenUOtav Ranch General
De��elopment Plan Amendment Supplemental EIR (SEIR 09-01), the 200� Chula Vista General
Plan Update EIR (EIR 0�-01), and the Ota}� Ranch GDP/SRP Program EIR (EIR 90-01) as well
as their associated Findings of Fact and Mitieation Monitorin� and Reportine Programs; and the .
Project Sectional Planning Area (SPA) Plan and Tentative D4ap (TM); and
���HEREAS, the Chula Vista Planning Commission held a dul}�noticed public hearing for
Final EIR 10-03; namelp 6:00 p.m. on November 20; 2013 in the Human Resources Training
Room B-111 and B-112 in Buildina C. 276 Fourth A��e.: and
WIIEREAS. to the e�tent that the Findines of Fact and Statement of Overridina
Considerations for the Project, dated Au2ust 2013 (Eshibit "A" of this Resolution, a copv of
12-11
Resolution EIR ]0-03
November 20,2013
Page-2-
���hich is on file in the office of the City Clerk), conclude that proposed mitigation measures
outlined in Final EIR 10-03 are feasible and have not been modified, superseded or withdra��n,
the City of Chula Vista, contingent upon certification of Final EIR 10-03 by the City Council;
binds itself and the Applicant and its successors in interest, to implement those measures. These
findings are not merely informaiion or advisory, but constitute a binding set of obligations that
�e�ill come into effect when the City adopts the Resolution approving the Project. The adopted
mitication measures contained within the Mitigation Monitoring and Reporting Program, which
is a section of Final EIR ]0-03, are expressed as conditions of approval. Other requirements are
referenced in the A�itigation Monitoring and Reporting Program adopted concurrently �i�ith these
Findings of Fact and will be effectuated through the process of implementin�the Project.
NO��J, THEREFORE, BE IT RESOLVED THAT THE PLANi�'ING COMMISSION of
the City of Chula V ista does hereby find, determine, resolve and order as follows:
I. PLANNII�'G COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearin� on EIR 10-03 held on November 20, 20li, as ���ell as the minutes and
resolutions resulting therefrom, shall be incorporated into the record of proceedings
pursuant to Public Resources Code Section 21167.6. These documents, along with any
proceedings of and documents submitted to the City Council as the decision-makers in
certifying the Final EIR 10-03, shall comprise the entire record of proceedings for any
claims under the CEQA (Public Resources Code §2l 000 et seq.).
II. FINAL EIR 10-03 CONTENTS
That Final EIR 10-03 consists of the following:
1. Second-Tier EIR for the Village 8 West SPA Plan and TM
2. Comments received during public review and responses
3. Mitigation Monitoring and Reporting Program
4. Technical Appendices
(All hereafter collectively referred to as "Final EIR 10-03")
III. ACCOMPANYII�'G DOCUMENT TO FINAL EIR 10-03
1. Findings of Fact and Statement of Ovemding Considerations
IV. COMPLIANCE WITH CALIFORI�'IA ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that Fina] EIR 10-03, the Pindings 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 Mitieation A4onitoring and
Reporting Program are prepared in accordance with the requirements of CEQA (Pub.
2
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Resolution EIR ]0-03
7�'ovember 20. 20]3
Paee-3-
Resources Code, §21000 et seq.), the CEQA Guidelines (Califomia Code Regs. Title 14
§1�000 et seq.), and the Environmental Revie„�Procedures of the Ciri�of Chula Vista.
V. Il�TDEPEI��ENT JiJDGMENT OF PLAI��TIi1TG COA7MISSION
That the Planning Commission finds that the Final EIR 10-03 reflects the independent
judament and analysis of the City of Chula Vista as the lead aeency for the Project.
VL CEQA FIi�iDIi�'GS OF FACT; MITIGATION MONITORII�TG AI�TD REPORTII�iG
PROGRAA4 A\TD STATEMENT OF OVERRIDIi�'G CONSIDERATIOI��S
A. Adoption of Findings'of Fact
The Plannin� Commission does hereby approve, accepts as its o«n, incorporate
as if set forth in full herein, and mal:e each and everv one of the findinas
contained in E�:hibit "A" to this Resolution and does recommend adoption of each
such findine bp the City Council.
B. Statement of O��erriding Considerations
Even after the adoption of all feasible mitieation measures and any feasible
alternatives; certain significant or potentially significant environmental effecu
caused b}� the project; or cumulativelv, will remain. Therefore, the Planning
Commission of the Cit}� of Chula Vista hereb}� appro��es and recommends for
appro�al b}� the City Council, pursuant to CEQA Guidelines Section 1�093, a
Statement of O��erridine Considerations in the form set forth in Ea:hibit "A" to
this Resolution; identifying the specific economic; social and other considerations
that out„�eish and render the unavoidable sienificant adverse en��uonmental
effects acceptable. �
C. A4itieation n4easures Feasible and Adopted
As more fullv identified and set for[h in Final EIR 10-03 and in Exhibit "A" to
this Resolution, the Planning Commission hereby fmds pursuant to CEQA
Section 21081 and CEQA Guidelines Section 1�091 that the mitisation measures
set forth in Final EIR ]0-03 and in E.khibit "A" to this Resolution are feasible and
will become binding upon the entit}� (such as the Project proponent or the Cin�)
assi�ned thereby to unplement the same upon certification of the Final EIR b}� the
City Council and upon appro��al of necessary discretionary actions for approval of
the Project by the City Council.
D. Infeasibilitv of Altematives
As more fully identified and set forth in Final EIR ]0-03 and in Section XI of
Exhibit `:A" to this Resolution. the Plannine Commission herebv finds and
recommends the Cin� Council fmd; pursuant to Public Resources Code Section
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Resolution EIR 10-03
November 2Q 2013
Paee-4-
21081 and CEQA Guidelines Section I509L that altematives to the project;
which were identified in Final EIR ]0-03, 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 Public Resowces Code Section 21081.6, the Plannine
Commission hereby approves and recommends for approval by the Ciry Council
the Mitigation Monitoring and Reporting Program set forth in Final EIR 10-03.
The Planning Commission further finds that the Program is designed to ensure
that; during Project implementation, the permittee/Project applicant and an}- other
responsible parties implement the Project components and comply with the
mitigation measures identified in the Findings of Fact and the Mitigation
Monitoring and Reportin� 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
Final EIR 10-03 upon making the required 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 accordance with CEQA Guidelines Section 15091.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the
City Council.
I
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Resolution EIR ]0-03
November 20, 2013
Paee-5-
Presented by: Approved asto form b}:
Kell}` Broughton, FASLA Glen R. Goo�ins
Development Ser��ices Director Cit��Attomey
PASSED AND APPROVED BY Tf-IE PLANi�1ING COMA�ISSIO\' OF THE CITY OF
CHULA VISTA, C.4LIFORI�TLA, this 1Vovember 20, 20li, by the follo�iine �ote, to-��it:
AYES: Anava. Nava Vinson, Chari Moctezuma
NOES: Frasomeno. Livae
ABSEI�'T: n/a
ABSTEI�'TIO\'S: Calvo
Lisa D4octezuma; Chairperson
Patricia Lauahlin. Secretan�
Secretar}� to Plannine Commission
Exhibit A - Findines of Fact and Statement of O��emdine Considerations
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDII�TGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL SECOND TIER ENVIRONn4ENTAL
IMPACT REPORT (EIR ]0-03/SCH 2O10062093) FOR THE
OTAY RANCH VILLAGE 8 R�EST SECTIONAL PLANNING
AREA PLAN AND TENTATIVE MAP PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Otay Land Company, LLC, submitted applications requesting approvals for
a Sectional Planning Area (SPA) Plan and Tentative Map (TM), for Otay Ranch Village 8 Vdest
(`F'roject"); and
WHEREAS, a Draft Second Tier Environmental Impact Report (Draft EIR ]0-03) for the
Project was issued for public review on June 7, 2013, and �vas processed through the State
Clearinghouse; and
WHEREAS, in consideration of the comments received on Draft EIR 10-03 and
requirements of the California Environmental Quality Act (CEQA), a Final Second Tier EIR
(Final EIR 10-03) �vas prepared for the Project SPA and TM; and
WHEREAS, Final EIR 10-03 incorporates all comments and recommendations received
on Drafr EIR ]0-03, 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 �i�ith
CEQA Guidelines Section 15132; and
WHEREAS, additional corrections to Final EIR 10-03 did not result in modifications to
conclusions regarding significance of impacts or the addition of significant new information that
would require recirculation of the E1R pursuant to CEQA Guidelines Section 15088.5; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearine for
Final EIR 10-03 on November 20, 2013 and recommended the City Council make certain
Findings of Fact; adopt a Statement of Overriding Considerations; adopt a Mitigation Monitoring
and Reporting Program and certify Final EIR 10-03 for the Otay Ranch Village 8 West SPA Plan
and TM pursuant to CEQA b}' the following ��ote x-x-a-x; and
WHEREAS, Final EIR 10-03 incorporates, by reference, the prior EIRs that address the
subject property including the 2013 Chula Vista General Plan AmendmenUOtay Ranch General
Development Plan Amendment Supplemental EIR (SEIR 09-01), the 2005 Chula Vista General
Plan Update EIR (EIR OS-01); and the Otay Ranch GDP/SRP Program EIR (E1R 90-01) as �vell
as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and
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Resolution I�'o.
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V��T-IEREAS; to the extent that the Findings of Fact and Statement of O��erridino
Considerations for the Project, dated Aueust 20li (Exhibir "A" of this Resolution. a copy of
���hich is on file in the office of the City Clerk), conclude that proposed mitieation measures
outlined in Final EIR 10-03 aze feasible and have not been modified; superseded or «�ithdra�i�n,,
the City of Chula Vista herby binds itself and the Applicant and its successors in interest, to
implement those measures. These findines are not merely information or advisory; but constitute
a bindin� set of oblieations that will come into effect when the City adopts the Resolution
approving the Project. The adopted mitigation measures contained �vithin the ivllviRP Section of
Final EIR 10-03, aze espressed as conditions of approval. Other requirements are referenced in
the MMRP that aze adopted concurrently �vith these Findines of Fact and will be effectuated
through the process of implementing the Project.
NO\V, THEREFORE; BE IT RESOLVED THAT THE CIT1' COiJNCIL of the Ciq- of
Chula Vista does herebv find, determine. resoh�e and order as follows:_
I. PLANl�'II�TG COMMISSION RECORD
The proceedines and all evidence introduced before the Plannine Commission at their
public hearin�s on Final EIR 10-03 held on November 20, 2013; and before the City
Council at their public hearing held on December 17, 2013; as ���ell as the I�4inutes and
Resolutions resulting therefrom on Final EIR-10-03 shall be incorporated into the record
of proceedines pursuant to Public Resources Code Section 21167.6. These documents,
along wRth anv documents submitted to ihe decision-mal:ers, inciuding documents
specified in Public Resources Code Section 21]67.6; subdivision (e); shall comprise the
entire record'of proceedin2s for any claims under the California Environmental Quality
Act, Public Resources Code §21000 et seq. ("CEQA"). The record of proceedings shall
be maintained by the City Clerk at City Hall.
II. FEIR 10-03 CONTENTS
That FEIR 10-03 consists of the folloti�ine:
1. Second-Tier EIR for the Project SPA Plan and TM (includine A4itieation Monitorina
and Reportine Proeram and technical appendices); and
2. Comments and Responses
(All hereafier collectively referred to as "FEIR ]0-03")
III. ACCOMPANYII�TG DOCUMENT TO FEIR 10-03
I. Findines of Fact and Statement of Overridine Considerations
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Resolution No.
Page 3
N. PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that FEIR 10-0� was presented to the City
Council as the decision-making body of the lead agency and that the City Council has
reviewed and considered the information contained in FEIR 10-03 prior to approving the
Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that FEIR 10-03, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A" to this Resolution, a copy which is
on file with the office of the City Clerk), and the D4itigation Monitoring and Reporting
Program are prepazed in accordance with the requirements of CEQA (Pub. Resources
Code, §21000 e� seg.), the CEQA Guidelines (California Code Regs. Title 14 §I5000 et
seq.), and the Environmental Review Procedures of the City of Chula Vista.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that FEIR 10-03 reflects the independent
judgment and analysis of the City of Chula Vista as lead agency for the Project.
VII. 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, inwrporate as if set
forth in full herein, and make each and every one of the findings contained in
Exhibit "A" to this Resolution, a copy of which is on file in the office of the Cit}�
Clerk.
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set forth in Exhibit "A" to this Resolution and as
more fully identified and set forth in FEIR 10-03, the City Council hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
changes or alterations ha��e been required in, or incorporated into the Project
which avoid or substantially lessen the significant environmental effects identified
in FEIR 10-03, and that such changes and alterations have eliminated or
substantially lessened all significant effects on the envirorunent where feasible as
sho�m in the findings set forth in Exhibit "A" to this Resolution. Furthermore,
the measures to mitigate or avoid significant effects on the environment,
consisting of those mitigation measures set forth in Final EIR 10-03 and in
Exhibit "A" to this Resolution, are fully enforceable through permit conditions,
agreements or other measures; including but not limited to conditions of approval
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Resolution I�ro.
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of the Project TM, and will become binding upon the entiri� (such as the project
proponent or the City) assianed thereby to implement the same.
C. Infeasibilin of Mitieation Measures
As more full}� identified and set forth in FEIR-10-03 and in the Findines of Fact
for the Project, which is Exhibit "A" to this Resolution, certain mitieation
measures described in said documents aze infeasible.
D. Statement of Overridine Considerations �
Even after the adoption of all feasible mitigation measures and anti� feasible
alternatives, certain sienificant or potentially significant environmental effects
caused by the project, or cumulatively, ���ill remain. Ho���ever, pursuant to CEQA
Guidelines Section 1�092, the Citv hereby finds and determines that any
remainin2 significant effects on the environment ti�hich have been found to be
unavoidable as showm in the findings set forth in Exhibit "A' to this Resolution
aze acceptable due to certain overriding concems. Therefore, the City Council of
the Cih� of Chula Vista hereby approves; pursuant to CEQA Guidelines Section
1�093, a Statement of Ovemdine Considerations in the form set Forth in Exhibit
"A ` to this Resolution identifying the specific economic, social and other
considerations that outti�ei2h and render the unavoidable sienificant ad�erse
environmental effects acceptable.
E. Infeasibilitv of Alternatives
As more fully identified and set forth in FEIR ]0-03 and in Section XI of Exhibii
"A" to this Resolution, the City Council hereb}� finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 1�091 that
altematives to the project; which „�ere identified in FEIR 10-03; were not found to
reduce impacts to a less than sianificant level or meet the project objectives.
F. Adoption of Mitigation Monitoring and Reporting Program
As required by Public Resources Code Section 21081 and CEQA Guidelines
Section 1�091, the City Council hereby adopts the proeram for repoRing on or
monitorina the chanees ���hich it has either required in the Project or made a
condition of approval to avoid or substantiallv lessen significant environmental
effects; consisting of the Mitigation Monitoring and Reporting Program set forth
in FEIR 10-03. The City Council further finds that the �4itigation A4onitorine and
Reporting Proeram is desiened to ensure that, durine Project implementation, the
permittee/Project Applicant and anv other responsible parties implement the
Project components and comply ��rith the mitigation measures identified in the
Findings of Fact and the Mitieation I�9onitorine and Reportina Program.
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Resolution No.
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VIII. NOTICE OF DETERMINATION
The Development Services Director of the City of Chula Vista is directed to file a I�iotice
of Determination ti�ith the County Clerk of the County of San Diego, should City Council
approve this Project.
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the
basis of the findings as set forth above certifies FEIR 10-03, and adopts the Findings of Fact and
Statement of Ovemding Considerations (Exhibit "A" to this Resolution), and Mitigation
Monitoring and Reporting Progam in accordance with CEQA Guidelines Section 15091.
Submitted by Approved as to form by
Kelly Broughton, FASLA /�1GI . G
Development Services Director City Attorney
Eshibit A - Findings of Fact and Statement of Overriding Considerations
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