HomeMy WebLinkAboutReso 2013-269 RESOLUTION NO. 2013-269 .
RESOLUTION OF THE CITl' COUNCIL OF THE CITl' OF
CHULA VISTA MAKI?r'G CERTAIN FIi�'DII�'GS OF FACT:
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS: ADOPTING A MITIGATION
MONITORING AND REPORTII�tG PROGRAM AI�'D
CERTIFYING THE F[NAL SECOI�rD TIER ENVIROI�'MENTAL
IMPACT REPORT (EIR ]0-03/SCH 2O10062093) FOR THE
OTAY RANCH VILLAGE EIGHT WEST SECTIONAL
PLANNII�'G AREA PLAN AI�TD TEI�'TATIVE MAP
PURSUANT TO THE CALIFORI�71A EI�TVIROI�'MENTAL
QUALITY ACT
\�'HEREAS, Otav Land Company, LLC, submitted applications requestine approvals for
a Sectional Planning Area (SPA) Plan and Tentati��e Map (TI�4); for Otay Ranch Village Eioht
R'est (`Projecr'); and
R'HEREAS, a Drafr Second Tier Environmental Impact Report (Draft EIR 10-03) for the
Project ���as issued for public re��ie��� on June 7; 20li; and �+�as processed through the State
Clearinahouse: and
WHEREAS. in consideration of the comments recei��ed on Draft EIR ]0-03 and
requirements of the California Em�ironmental Quality Act (CEQA), a Final Second Tier EIR
(Final EIR 10-03) was prepared for the Project SPA and TM; and
�'HEREAS. Final EIR 10-03 incorporates all comments and recommendations received
on Drafr EIR 10-03, a list of all persons, organizations, and public agencies commenting on the
drafr EIR, and the Cit��`s responses to all "significant en��ironmental points" raised by public and
aeency comments submitted durine the revie��� and consultation process, in accordance ��ith
CEQA Guidelines Section 1�132; and
V�'HEREAS. additional corrections to Final EIR 10-03 did not result in modifications to
conclusions regazdine significance of impacts or the addition of significant ne��� information that
would require recirculation oFthe EIR pursuant to CEQA Guidelines Section 1�0885; and
V�'HEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final EIR 10-03 on No��ember 20; 20li and recommended the City Council mal:e certain
Findines of Fact; adopt a Statement of Overriding Considerations: adopt a Mitieation Monitorine
and Reporting Program and certify Final EIR 10-03 for the Ota}� Ranch Village Eieht West SPA
Plan and TM pursuant to CEQA bv the followine vote 4-2-0-I; and
WFIEREAS, Final EIR 10-03 incorporates, by reference, the prior EIRs that address the
subject propeRy including the 20li Chula Vista General Plan AmendmenUOtav Ranch General
Development Plan Amendment Supplemental EIR (SEIR 09-01), the 200� Chula Vista General
Plan Update EIR (EIR 0�-Ol). and the Otay Ranch GDP/SRP Program EIR (E[R 90-01) as well
as their associated Findings of Fact and Mitigation Monitoring and Reportine Proerams; and
Resolution No. 2013-269
Pa��e 2
WHEREAS. to the estent that the Findings of Fact and Statement of Ovemding
Considerations for the Project, dated August 2013 (Exhibit "A" of this Resolution; a copy of
which is on file in the office of the City Clerk), condude that proposed mitigation measures
outlined in Final EIR 10-03 are feasible and have not been modified, superseded or withdrawm,
the City of Chula Vista herby binds itself and the Applicant and its successors in interest, to
implement those measures. These findings are not merely information or ad��isory, 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 MMRP Section of
Final EIR ]0-03, are expressed as conditions of approval. Other requirements are referenced in
the MMRP that are 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 city council of the City of Chula Vista
does hereb�� find. determine. resoh�e and order as follows:
L PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at iheir
public hearings on Fina] EIR ]0-03 held on November 20, 2013, and before the City
Council at their public hcaring held on December 17, 2013, as well as the Minutes and
Resolutions resulting therefrom on Final EIR-10-03 shall be incorporated into the record
of proceedings pursuant to Public Resources Code Section 21167.6. These documents,
along �-ith any documents submitted to the decision-makers, including documents
specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the
entire record of proceedings for any claims under the Califomia Environmental Quality
Act; Public Resources Code §21000 et seq. ("CEQA"). The record of proceedings shall
be maintained by the City Clerk at City Hall.
IL FEIR 10-03 CONTENTS
That FEIR 10-03 consists of the following:
1. Second-Tier EIR for the Project SPA Plan and TM (including Mitigation Monitoring
and Reporting Program and technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR ]0-03")
111. ACCOMPANYING DOCUMENT TO FEIR ]0-03
I. Findings of Fact and Statement of Overriding Considerations
Resolution No. 20li-269
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N. PRESENTATION TO THE DECISION-MAKING BODY
That the Cin� Council does herebvi certifi� that FEIR ]0-03 was presented to the Cit��
Council as the decision-making body of the lead aoency and that the Cih� Council has
re��iewed and considered the information contained in FEIR ]0-03 prior to approving the
Project.
V. COMPLIAI�'CE WITH THE CALIFORI�'IA EI�'VIRONA4EI�'TAL QUALITY ACT
That the Cin� Council does hereby cenify that FEIR 10-03, the Findings of Fact and the
Statement of Overridine Considerations (Exhibit "A" to this Resolution. a copy which is
on file ti�ith the office of the City Clerk), and the Mitieation Monitorine and Reporting
Program aze prepazed in accordance with the requirements of CEQA (Pub. Resources
Code, §21000 e� seq.). the CEQA Guidelines (Califomia Code Regs. Title 14 �1�000 et
seg.), and the Environmental Review Procedures of the City of Chula Vista.
VI. INDEPENDEt�'T JUDGMEI�'T OF CITY COUNCIL
That the City Council does hereby certify that FEIR 10-03 reflects the independent
judgment and anah�sis of the Cih�of Chula Vista as lead aeency for the Project.
VIL CEQA FII�'DINGS OF FACT, MITIGATION MONITORII�'G AI�TD REPORTL\'G
PROGRAM AI`iD STATEMENT OF OVERRIDII�'G COI�'SIDERATIONS
A. Adoption of Findines of Fact
The City Council does hereby appro��e, accept as its o�tim, incorporate as if set
forth in full herein. and mal:e each and everv one of the findines contained in
E�hibit "A" to this Resolution, a copy of�vhich is on file in the office of the City
Clerk.
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set foRh in Exhibit `'A" to this Resolution and as
more fulh� identified and set forth in FEIR 10-03. the Citv Council herebv finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
changes or alterations have been required in, or incorporated into the Project
tifiich a��oid or substantially lessen the sienificant environmental effects identified
in FEIR ]0-03. and that such chanees and alterations have eliminated or
substantiallv lessened all sienificant effects on the environment �;�here feasible as
sho�ti�n in the findin¢s set forth in Eshibit "A" to this Resolution. Furthermore.
the measures to mitieate or avoid significant effects on the environment,
consistine of those mitieation measures set forth in Final EIR 10-03 and in
Exhibit "A" to this Resolution, aze fulh� enforceable throueh permit conditions.
agreements or other measures, includine but not limited to conditions of approval
of the Project TM: and w�ill become bindine upon the entitv (such as the project
proponent or the Cin�) assigned thereb�� to implement the same.
Resolution No. ZOl 3-269
Page 4
C. ]nfeasibility of Mitigation Measures
As more full�� identified and set forth in FEIR-10-03 and in the Findings of Fact
for the Project, which is Exhibit "A" to this Resolution, certain mitigation
measures described in said documents are infeasible.
D. Statement of Ovemding Considerations
Even afrer the adoption of all feasible mitigation measures and any feasible
altematives, certain significant or potentially significant em�ironmental effects
caused by the project. or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15092; the City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set rorth in Exhibit "A" to this Resolution
are acceptable due to certain overriding concerns. Therefore, the City Council of
the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section
15093, a Statement of Overriding Considerations in the form set forth in E�hibit
"A" to this Resolution identifying the specific economic, social and other
considerations tHat outweigh and render the unavoidable significant adverse
environmental effects acceptable.
E. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 10-03 and in Section Xl of Exhibit
'`A" to this Resolution, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 15091 that
alternatives to the project. which were identified in FEIR 10-03, were not found to
reduce impacts to a less than significant 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 1509L the City Council hereby adopts the program for reporting on or
monitoring the changes which it has either required in the Project or made a
condition of approval to avoid or substantially lessen significant environmental
effects, consisting of the Mitigation Monitoring and Reporting Program set forth
in FEIR 10-03. The City Council furiher finds that the Mitigation Monitoring and
Reporiing 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.
Resolution No. 2013-269
Paee �
VIII. IvOTICE OF DETERI�4I1�'AT]ON
The Development Sen�ices Director of the Cirv of Chula Vista is directed to file a Notice
of Determination with the Counri� Clerk of the Countv of San Dieeo. should Citv Council
approve this Project.
BE IT FURTHER RESOLVED that the Citv Council of the Citv of Chula Vista on the
basis of the findines as set forth above certifies FEIR 10-03, and adopts the Findings of Fact and
Statement of Ovemdine Considerations (E�hibit "A" to this Resolution): and Mitigation
Monitoring and Reporting Program in accordance w�th CEQA Guidelines Section 1�091.
Presented by Approved as to form by
��✓ � , 2
Kellv . rouehton, FASLA en R. Gooeins
Development 3ervices Director C �� A e}� �
Exhibit A - Findings of Fact and Statement of O��emding Considerations— On file in the Office
of the Cin� Clerk.
Resolution No. 20li-269
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista
California this 17th day of December 2013 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan; Ramirez, Salas and Coa
NAYS: Councilmembers: None •
ABSENT: Councilmembers: None
Cheryl Cox, n a or
ATTEST:
a��✓',�,�-�
Donna'R. Norris, CMC, City Clerk
STATE OF CALIFORI`'IA )
COUNTY OF SAN DIEGO )
CiTY OF CHULA VISTA )
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2013-269 was duly passed; approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 17th day of December ZOli.
Executed this 17th dav of December 2013.
�6`�t.�co�Y'�_.r� Dl�✓�_
Donna R. Norri MC.City lerk