Loading...
HomeMy WebLinkAboutEIR 2005-02RESOLUTION NO. EIR 05 -02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT (SEIR 05 -02) FOR THE EASTLAKE III SENIOR HOUSING PROJECT; MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THAT THE CITY COUNCIL CERTIFY FSEIR #05 -02 WHEREAS, The EastLake Company submitted an application requesting approvals for amendments to the General Plan, EastLake III General Development Plan and EastLake III Sectional Planning Area Plan for the EastLake III Senior Housing Project ( "Project'); and WHEREAS, a Draft Subsequent Environmental Impact Report (SEIR 405 -02) was issued for public review on April 14, 2006, and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft SEIR 405 -02 on May 31, 2006 to close the public review period; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for the Draft SEIR #05 -02 on June 14, 2006; and WHEREAS, a Final Subsequent Environmental Impact Report (FSEIR #05 -02) was prepared on the Project; and WHEREAS, FSEIR #05 -02 incorporates, by reference, the prior EIRs that address the subject property including the Final EIR fbr EastLake III, Olympic Training Center, EastLake bails Prezone and Annexation (FEIR 489 -09) certified in October 1989 and the Final Subsequent EIR for the EastLake III Woods and Vistas Replanning Program and Subsequent Addendum (FSEIR #01 -01) certified in June 2001 as well as their associated Findings of Fact, Statement of'Oveniding Considerations and Mitigation Monitoring and Reporting Programs; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated June 2006 (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Clerk), conclude that proposed mitigation measures outlined in FSEIR #05 -02 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures, These findings are not merely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 Section of FSEIR 405 -02 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 older as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Draft SEIR #05 -02 held on May 31, 2006 and June 14, 2006, as well as the minutes and resolutions resulting therefiom, are hereby incorporated into the record of this proceeding. Ihese documents, along with any documents submitted to the decision - makers, including documents specified in Public Resources Code Section 21167 6, subdivision(s), shall comprise the entire record of proceedings f'or any claims under the California Environmental Quality Act ( "CEQA ") (Public Resources Code §21000 et seq), II. FSEIR #05 -02 CONTENTS Ihat the F SEIR #05 -02 consists of the following: 1. Subsequent EIR for the Project (including technical appendices); 2, Comments received during public review and responses; and 3 Mitigation Monitoring and Reporting Program (All hereafter collectively referred to as "FSEIR #05 -02 ") III. ACCOMPANYING DOCUMENT TO FSEIR #05 -02 1. Findings of Fact and Statement of Overriding Considerations IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FSEIR #05 -02, 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 Mitigation Monitoring and Reporting Program ate 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 2 V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FSEIR #05 -02 reflects the independent judgment of the City of Chula Vista Planning Commission. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A, Adoption of Findings of Fact 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 the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk B, Statement of Overriding Considerations 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, Iherefore, the Planning Commission 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 Exhibit "A," 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. C. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FSEIR 905 -02 and in the Findings of Fact for this Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, 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 or the City) assigned thereby to implement the same. D, Infeasibility of Alternatives As more fully identified and set forth in FSEIR 405 -02 and in the Findings of Fact, Section XII, for this Project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the Project, which were identified in FSEIR #05 -02, were not found to reduce impacts to a less than significant level or meet the Project objectives. E VII. E, Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 210816, the Planning Commission hereby adopts the Mitigation Monitoring and Reporting Program set forth in FSEIR #05 -02 The Planning Commission further 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 mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program, NOTICE OF DETERMINATION Ihat 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 is filed with the County Clerk of the County of San Diego, These documents, along with any documents submitted to the decision - makers, including documents specified in Public Resources Code Section 21167 6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ( "CEQA ") (Public Resources Code §21000 et seq.). BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista finds that FSEIR #05 -02, the Findings 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 Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of CEQA (Public Resources Code Section 21000 et seq), CEQA Guidelines (California Code Regs Title 14 Section 15000 et seq), and the Environmental Review Procedures of the City of Chula Vista, and therefore should be certified and further recommends to the City Council that FSEIR 405 -02, the Findings 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 Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq ), CEQA Guidelines (California Code Regs, Iitle 14 §15000 et seq ), and the Environmental Review Procedures of' the City of Chula Vista, and therefore should be certified, BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council, 11 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this June 14, 2006, by the following vote, to -wit: AYES: Tripp, Bensoussan, Nordstrom, Felber NOES: ABSENI: Madrid ABSIENIIONS: J % fW Vicki Mddid, Chairperson Diana Vargas Secretaty to Planni U ommission Exhibit A Findings of Fact and Statement of Overriding Consideiations 5