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HomeMy WebLinkAboutReso 1996-18304 RESOLUTION NO. 18304 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) AND ADDENDUM FOR THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN 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, the City Council of Chula Vista held a workshop regarding the project and all its components on April 30, 1996 and a duly notice public hearing on May 14, 1996, the City Council certified the EIR as adequate in compliance with CEQA. The City now desires to recertify this document to assure compliance with Public Resources Code § 21092.5(a); 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: Resolution 18304 Page 2 I. RECORD OF PROCEEDINGS The proceedings and all evidence introduced before the Planning Commission and the City Council at their public hearings on the Draft EIR, the Recirculeted EIR and Addendure 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 10, 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.). The comments, oral and written submitted, as made either by EastLake or their attorneys, Luce, Forward, Hamilton & Scripps, that relate to CEQA's procedural end substantive compliance were withdrawn by EastLake and their attorneys and are not a pert of this record of proceedings. 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. Ill. FEIR REVIEWED AND CONSIDERED That the City Council of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendure and the environmental impacts therein identified for this Project. IV. CERTIFICATION OF COMPLIANCE WITH CEQA That the City Council does hereby find that FEIR 95-01 and Addendure, fully comply with CEQA and CEQA Guidelines (California Code Regulations, Title 14, § 15000 et seq.), and the Environmental F~eview Procedures of the City of Chula Vista. Resolution 18304 Page 3 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. 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 ~aio fo y ~ Gerald Jamriska, Ma'nager ' L~ Bruce M. Boogaard Special Planning Projects City Attorney Resolution 18304 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of May, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Rindone, Hotton NAYES: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None Shirley H~;~o~n, Mayor ATTEST: Beverly N. 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. 18304 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of May, 1996. Executed this 21 st day of May, 1996. Beverly A.IAuthelet, City Clerk