HomeMy WebLinkAboutReso 1995-17831I'~'' RESOLUTION NO. 17831
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL PROGRAM (SECOND TIER)
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,
AMENDING THE GENERAL PLAN LAND USE ELEMENT,
ACCEI~TING THE DRAFT SPHERE OF INFLUENCE UI~DATE
STUDY, PCM 93-05, AND DIRECTING ITS SUBMITTAL TO THE
LOCAL AGENCY FORMATION COMMISSION FOR ADOPTION
WHEREAS, 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,
WHEREAS, 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,
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 their
Executive Director's recommendation; and,
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 referred to as the Otay
Ranch in addition to other land not owned by The Baldwin Company; and,
WHEREAS, 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 concurrently initiated an amendment to the General Plan as defined in
Exhibits 3-A, B and C; 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-Mclntyre and Associates out of seven candidate firms to prepare the EIR and, on July
21,1994, entered into a three party contract between the City, Lettieri-Mclntyre and
Associates and The Baldwin Company where the City managed the preparation of the EIR,
Lettieri-Mclntyre prepared the EIR and the Baldwin Company reimbursed the City for the cost
of EIR preparation; and,
Resolution No. 17831
Page 2
WHEREAS, the firm of Lettieri-Mclntyre and Associates has prepared a Draft Program
Environmental Impact Report (DPEIR 94-03) on the Draft Sphere Study and General Plan
Amendment; 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, closed the hearing and public review period 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 Draft EIR is neither necessary or
appropriate, because the change in conclusions involves 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, and reviewed the contents of the Study and recommended that the City
Council amend the General Plan as indicated in Exhibit 3-A, B and C, accept the subject study
and direct its submittal to LAFCQ for adoption as indicated in the attached Planning
Commission Resolution No. EIR 94-03; and,
WHEREAS, the City Council, on March 21, 1995, held a duly noticed public hearing
on the proposed General Plan Amendment and Sphere of Influence Update Study, and
reviewed the contents of the Study and agreed with its conclusions; and,
WHEREAS, the City Council has reviewed the Draft Program Environmental Impact
Report (DPEIR 94-03); and,
WHEREAS, the City Council 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 City Council of the City of Chula Vista
does hereby find, determine, resolve and order as follows:
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Resolution No. 17831
Page 3
I. GENERAL PLAN AMENDMENT.
That the Land Use Element of the Chula Vista General Plan be amended as indicated
in Exhibit 3-A, B and C.
II. PLANNING COMMISSION RECORD.
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Draft PEIR held on February 22, 1995, and their public hearing
on this Project held on March 21, 1995, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These
documents along with any documents submitted to the decision makers shall
comprises the entire record of the proceedings for any CEQA claims.
Ill. FPEIR CONTENTS.
That the FPEIR consists of the following:
A. Final Program {Second Tier) 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,
IV. FPEIR REVIEWED AND CONSIDERED.
That the City Council 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", known as document number CO95-30,
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", known as document number CO95-031, a copy of which is on file
in the office of the City Clerk, and the Statement of Overriding Considerations,
Attachment "C", known as document number C095-032, a copy of which is on file
in the office of the City Clerk, prior to approving the Project.
V. CERTIFICATION OF COMPLIANCE WITH CEQA.
That the City Council does hereby find that FPEIR 94-03, the Candidate CEQA
Findings, the Mitigation Monitoring and Reporting Program, and the Statement of
Overriding Considerations 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.
111T
Resolution No. 17831
Page 4
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL.
That the City Council finds that the FPEIR reflects the independent judgment of the
City of Chula Vista City Council.
VII. FINDING O1: CONSISTENCY WITH THE GENERAL PLAN.
That the City Council hereby finds that the Project, including but not limited to the
adoption of the General Plan Amendment, is and will be consistent with the General
Plan.
VIII. CEQA FINDINGS, MITIGATION MONITORING PROGRAM AND STATEMENT OF
OVERRIDING CONSIDERATIONS.
A. Adoption of Findings.
The City Council 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 "A", known as document number CO95-030,
a copy of which is on file in the office of the City Clerk.
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in the program EIR for the Otay Ranch
General Development Plan/Subregional Plan and in the CEQA Findings for this
project, which is Attachment "A", known as document number CO95-030, a
copy of which is on file in the office of the City Clerk, the 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.
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, the City Council
hereby adopts Mitigation Monitoring and Reporting Program ("Program") set
forth in Attachment "B", known as document number CO95-031, a copy of
which is on file in the office of the City Clerk. The Council hereby finds that the
Program is designed to ensure that during project implementation the
permittee/project applicant and any other responsible parties implement the T
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Resolution No. 17831
Page 5
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, known as document number C095-032, a copy of which is on
file in the office of the City Clerk, identifying the specific economic, social, and
other considerations that render the unavoidable significant adverse
environmental effects acceptable.
IX. NOTICE OF DETERMINATION.
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this project to ensure that a Notice of Determination, together
with a copy of this resolution, its exhibits, and all resolutions passed by the City
Council in connection with this project, is filed with the County Clerk of the County
of San Diego. These documents along with any documents submitted to the decision
makers shall comprise the record of proceedings for any CEQA claims,
X. SPHERE OF INFLUENCE UPDATE STUDY.
The City Council of the City of Chula Vista hereby orders that the Sphere of Influence
Update Study, PCM 93-05, accepted on March 21, 1995, be submitted to the San
Diego County Local Agency Formation Commission for official adoption.
Presented by Approved as to fo,~/~ by
Gerald Jamnska Zf Bruce M. Boogaard
Special Planning Projects Manager City Attorney
Resolution No. 17831
Page 6
~-~T LOCATION
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CHULA VISTA PLANNING DEPARTMENT
~CA~R A~acAnT:Ci~ of Chula V~ta ~soJ~c~ ofscm~xson:
GE~L P~N ~~NT
Requut: GPA for ~w densi~ ( 0 - 3 du / ac )
ADDSE$S: No~h ~r Otay ~e~olr on 20 acre in San Dido Count.
~o~?s NO~ - 01
Resolution No. 17831
Page 7
· LOCATION ___,_____ .:
~)(~ATOR APPLICANT:Cit~ Of Cbull Vbtn PROJECT DESCRIPTION:
GE~L P~N
ADDRESS: No,h ~ ~a ~ R& ud Rquut: GPA for open space on
~ --~ ~er ~ay ~ueRoir
28.6 a~ in San Dido Count.
Resolution No. 17831
Page 8
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CHULA VISTA PLANNING DEPARTMENT
LO~TOR ~ ~ ~n~
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Resolution No. 17831
Page 9
RESOLUTION NO. ElR 94-03
A RESOLUTION OF Tl-Hi 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 LIPDATE 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 GENEII. AL
PLAN LAND USE ELEMENT, ACCEPT THE DRAFT SPHERE OF INFLUENCE
UPDATE STUDY, PCM 93-05, AND DIRECT ITS SUBMITTAL TO THE LOCAL
AGElqCY FORMATION COMMISSION FOR ADOPTION
WHEREAS, 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,
WHEREAS, 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 an.d fled with San Diego LAFCO a sphere of influence
questionnaire; and,
WHEREAS, on July 12, 1993, the LAFCO Commission approved commencemere
of a comprehensive sphere of influence update study for the City of Chula Vista based on
their Executive Director's recommendation; and,
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 Companyi arid,
WHEREAS, 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 lntluence Update Study, selected the firm
of Lertieri-Mclntyre and Associates out of seven candidate firms to prepare the EIR and,
on July 21,1994, entered into a thr~ pm'ty tonitact betwtt~ the City, Lettieri-Mclntyre
and Associates and The Baldwin Company where the City managed the preparation of the
Resolution No. 17831
Page 10
Planning Commission Page 2
Sphere of Influence Resolution
EIR, Lettieri-Mclntyre prepared the EIR and the Baldwin Company reimbursed the City ~"
for the cost Of EIR preparation; and
IAFI-IEREAS, the firm of Letlieri-McInlyre and Associates has prepared a Draft
Program Environmental Impact Report (DPEI~, 94-03) on the Drait 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 direaed the Final Program Environmental ti.,?~ct Report be
prepared including the responses to the comments received on the DPEIK; and,
WHEREAS, comments received by the Cit~, including those from LAFCO, caused
the City to conclude in the Final EIK that certain project impacts identified as less than
significant in the Draft EIR are, in fact, cumulatively signi~can~ ~d unmitigatable. This
change in conclusions does not constitute a disclosure that a new ~.~:,~ricant 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 150g.~.5, Subparagraph (a)). Therefore, recircnlation of the
Draft EIR is neither necessary or appropriate, because the change in conclusions involves ~-
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 Plantring Commission, on March 21, 1992, held a
duly noticed public hearing on the proposed General Plan Amendment and Sphere of
Influence Update Sludy, reviewed the contents of the Study and recommended that the
City Council amend the C_~eneral 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
City of Chula Vista does hereby find, determine, resolve and order as follows:
I. FPEIR. CON'I'I~IqTS.
That the FPEIK consists of the followinl~:
Resolution No. 17831
Page 11
Planning Commission Page 3
Sphere of Influence Resolution
A, Final Program Environmental Impact Report 94-03
B. Appendcos ( A through F) to Final Program Environmenta/Impact
Report.
C. Technical studies and information incorporated in the responses to
II. FPEIR REVIEWED AND CONSIDERED.
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 '~"to this Resolution, a copy
of which is on file in the office of the City Clerk, the proposed mitigation measures
contained therein, the l~tigation Monitoring end 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.
Irl. CERT~ICATION 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.
]V. 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 ~1 heroin, and make each and every one of the
findings contained in the Findings of Fact, Attachment '~k" this
Resolution.
Resolution No. 17831
Page 12
Planning Commission Page 4
Sphere oflnfluence Resolution
B. Certain Mitigation Measure Fusible 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 '~" to this Resolution, the Planning Commission hereby finds
pursuant to Public Resources Code Section 21081 and CEQA C-uidclines
Section 15091 that the mitigation measures described in the above
referenced documents are fusible and will become binding upon the entity
(such as the project pwponent, 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,
alternafxves to the project which were identified as potentially fusible in
the EIR were found not be fusible.
D. Adoption of Mitigation Monitoring and Reporting Program.
As required by the Public Resources Code Section 21081.6, Planning
Commission hereby adopts Mitigation Monitoring and Reporting Program
CProgram') 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 permittedproject 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 fusible
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.
BE IT FURTHER RESOLVED that, the Commission recommends that the City Councih
A. CERTIFY FINAL PROGRAM EIR 94-03.
Resolution No. 17831
Page 13
~lanning Commission Pa~e ~
Sphere of Inthenc~ Resolution
B. GENERAL PLAN A.MElqDMENT.
Amended the Land Use Element of the Chula Vista General Plan be as
indicated on Exhibit 3-h, B and C
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
Accept the Sphere of lnfluence Update Study and order that the Sphere of
Influence Update Study accepted on March 21, 1995, be submitted to the San
Diego County Local Agency Formation Commission for official adoption.
I "'
IlIF
Resolution No. 17831
Page 14
T'
L
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 21 st day of March, 1995, by the following vote:
YES: Councilmembers: Fox, Padilia, Rindone, Hotton
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Moot
Shirley Horton, l~layor
ATTEST:
Beverly~A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 17831 was duly passed, approved, and adopted by the City
Council at a Joint City Council/Planning Commission meeting held on the 21st day of March,
1995.
Executed this 21 st day of March, 1995.
Beverly A- Authelet, City Clerk
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