HomeMy WebLinkAboutReso 1996-18284 RESOLUTION NO. 18284
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL
IMPACT REPORT (FEIR 95-01) AND ADDENDUM FOR THE
OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN
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
WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to
prepare an environmental impact report for the Otay Ranch SPA One Plan and selected the
firm of Cotton/Beland/Associates out of nine candidate firms to prepare the Environmental
Impact Report (EIR). On January 30, 1995, the City, Cotton/Beland/Associates and the Otay
Ranch L.P. entered into a three party contract where the City managed the preparation of the
EIR, Cotton/Beland/Associates prepared the EIR and the Otay Ranch L.P. reimbursed the City
for the full cost of EIR preparation; and
WHEREAS, the firm of Cotton/Beland/Associates has prepared a Draft Second-tier
Environmental Impact Report (DEIR 95-01), a Recirculated Second-tier Draft EIR and an
Addendum on the Otay Ranch SPA One Plan, Annexation of Planning Areas 1, 3 and the
." Ranch House, General Development Plan Amendments, PC Zone Changes and Prezoning; and
WHEREAS, this Second-tier EIR, the Recirculated Second-tier Draft EIR and Addendum
incorporates, by reference, two prior EIRs: the Otay Ranch General Development
Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update
EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting
Programs. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego
County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR
94-03 was certified by the Chula Vista City Council on March 21, 1995; and
WHEREAS, the Chula Vista Planning Commission held duly noticed public hearings
on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue.
These hearings were continued by a motion of the Planning Commission to March 27, 1996
and March 28, 1996, at which time the Planning Commission took public testimony on the
adequacy of the information in the DEIR 95-01, the Recirculated DEIR and Addendum. The
Planning Commission closed the public hearing and directed that the Final Environmental
Impact Report be prepared including the responses to the comments received on the DEIR,
the Recirculated DEIR and Addendum, the Findings of Fact, the Mitigation Monitoring and
Reporting Program and the Statement of Overriding Considerations and;
WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation
measures outlined in the Final EIR and Addendure 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
informational 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
are express conditions of approval. Other requirements are referenced in the Mitigation
Resolution 18284
Page 2
Monitoring and Reporting Program adopted concurrently with these Findings 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 hereby find, determine, resolve and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearings on the Draft EIR, the Recirculated EIR and Addendum held on November 8, 1995,
November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this
Project on November 15, 1995, March 27, 1996, April 1 O, 1996 and April 24, 1996 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,
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") (Pub. Resources Code §21000 et seq.).
II. FEIR CONTENTS
That the FEIR consists of the following:
A. Final Environmental Impact Report 95-01, including the Recirculated sections
B. The Addendure for the Detachment for the Otay Landfill
C. Appendices I-IV to the Final Environmental Impact Report
D. Technical studies
E. Information incorporated in the responses to comments
F. Additionally, this FEIR and Addendure was prepared in concert with two prior
Program EIRs: the Otay Ranch GDP/SRP EIR 90-01 and the Sphere of Influence
Update EIR 94-03 as well as their attendant documents.
III. FEIR REVIEWED AND CONSIDERED
That the City Council of the City of Chula Vista has reviewed, analyzed and considered
the FEIR 95-01 and Addendum and the environmental impacts therein identified for this
Project, the Findings of Fact, Attachment "A" to this Resolution known as document
number CO96-056, and the proposed mitigation measures contained therein, the
Mitigation Monitoring and Reporting Program, Attachment "B" to this Resolution
known as document number CO96-057, and the Statement of Overriding
Considerations, Attachment "C" to this Resolution known as document number CO96-
058, prior to approving the Project. Copies of said attachments are on file in the office
of the City Clerk. ~"'
Resolution 18284
Page 3
IV. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and Addendure, the Findings
of Fact, the Mitigation Monitoring and Reporting Program and the Statement of
Overriding Considerations are prepared in accordance with the requirements of the
CEQA, the CEQA Guidelines (California Code Regulations., title 14, § 15000 et seq.),
and the Environmental Review Procedures of the City of Chula Vista.~iii!
V. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council finds that the FEIR 95-01 and Addendure reflects the
independent judgment of the City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT
OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
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" of this Resolution known as document
number CO96-056, 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 FEIR 95-01 and Addendure and in the
Findings of Fact for this project, which is Attachment "A" to this Resolution
known as document number C096-05t~, a copy of which is on file in the office
of the City Clerk, the City 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. Infeasibility of Mitigation Measures
As more fully identified and set forth in FEIR 95-01 and Addendure, and in the
Findings of Fact for this project, which is Attachment "A" to this Resolution
known as document number CO96-056, a copy of which is on file in the office
of the City Clerk, the mitigation measures/performance standards set forth in
the Findings of Fact for EIR 90-01 for Gnatcatcher habitat noise mitigation and
habitat preservation for four grassland species are infeasible, All other
mitigation measures/performance standards established in the Findings of Fact
for EIR 90-01 have been met for SPA One,
D. Infeasibility of Alternatives
,! As more fully identified and set forth in FEIR 95-01 and Addendum and in the
Findings of Fact, Section XI, for this project, which is Attachment "A" to this
Resolution known as document number CO96-056, a copy of which is on file
in the office of the City Clerk, the City Council hereby finds pursuant to Public
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Resources Code Section 21081 end CEQA Guidelines Section 15091 thet
alternatives to the project, which were identified as potentially feasible in FEIR
95-01 and Addendure were found not to be feasible.
E. Adoption of Mitigation Monitoring and Reporting Program
As required by the Public Resources Code Section 21081.6, City Council
hereby adopts Mitigation Monitoring and Reporting Program ("Program") set
forth in Attachment "B" of this Resolution known as document number CO96-
057, a copy of which is on file in the office of the City Clerk. The City 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 project components and comply with the feasible
mitigation measures identified in the Findings of Fact and the Program.
F. 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 CO96~058, 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.
VII. 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 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")
(Pub. Resources Code §21000 et seq.).
Presented by ~[y(,~fo~ y
r I Bruce M. Booga
Special Planning Projects City Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of May, 1996, by the following vote:
AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Sh!riey Horton, Mayor
ATTEST:
· 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. 18284 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 14th day of May,
1996·
Executed this 14th day of May, 1996.
Beverly ~,. Authelet, City Clerk