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HomeMy WebLinkAboutEIR 10-03RESOLUTION NO. EIR 10 -03 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL MAKE CERTAIN FINDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFY THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 10- 03/SCH 2010062093) FOR THE OTAY RANCH VILLAGE 8 WEST SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAP PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Otay Land Company, LLC, submitted applications requesting approvals for a Sectional Planning Area (SPA) Plan and Tentative Map (TM), for Otay Ranch Village 8 West (Project); and WHEREAS, a Draft Second Tier Environmental Impact Report (Draft EIR 10 -03 or Draft EIR) for the Project was issued for public review on June 7, 2013, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft EIR and requirements of the California Environmental Quality Act (CEQA), a Final Second Tier EIR (Final EIR 10 -03 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR 10 -03 incorporates all comments and recommendations received on the Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR, and the City's responses to all "significant environmental points" raised by public and agency comments submitted during the review and consultation process, in accordance with CEQA Guidelines Section 15132; and WHEREAS, additional corrections to Final EIR 10 -03 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would require recirculation of the EIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, Final EIR 10 -03 incorporates, by reference, the prior EIRs that address the subject property including the 2013 Chula Vista General Plan Amendment /Otay Ranch General Development Plan Amendment Supplemental EIR (SEIR 09 -01), the 2005 Chula Vista General Plan Update EIR (EIR 05 -01), and the Otay Ranch GDP /SRP Program EIR (EIR 90 -01) as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs; and the Project Sectional Planning Area (SPA) Plan and Tentative Map (TM); and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final EIR 10 -03, namely 6:00 p.m. on November 20, 2013 in the Human Resources Training Room B -111 and B -112 in Building C, 276 Fourth Ave.; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project, dated August 2013 (Exhibit "A" of this Resolution, a copy of Resolution EIR 10 -03 November 20, 2013 Page -2- which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 10 -03 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista, contingent upon certification of Final EIR 10 -03 by the City Council, 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, which is a section of Final EIR 10 -03, 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 order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on EIR 10 -03 held on November 20, 2013, as well as the minutes and resolutions resulting therefrom, shall be incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6. These documents, along with any proceedings of and documents submitted to the City Council as the decision - makers in certifying the Final EIR 10 -03, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seg.). II. FINAL EIR 10 -03 CONTENTS That Final EIR 10 -03 consists of the following: 1. Second -Tier EIR for the Village 8 West SPA Plan and TM 2. Comments received during public review and responses 3. Mitigation Monitoring and Reporting Program 4. Technical Appendices (All hereafter collectively referred to as "Final EIR 10 -03 ") III. ACCOMPANYING DOCUMENT TO FINAL EIR 10 -03 1. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that Final EIR 10 -03, 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 are prepared in accordance with the requirements of CEQA (Pub. 2 Resolution EIR 10 -03 November 20, 2013 Page -3- Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 § 15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the Final EIR 10 -03 reflects the independent judgment and analysis of the City of Chula Vista as the lead agency for the Project. 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 Exhibit "A" to this Resolution and does recommend adoption of each such finding by the City Council. 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. Therefore, the Planning Commission of the City of Chula Vista hereby approves and recommends for approval by the City Council, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this Resolution, identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. C. Mitigation Measures Feasible and Adopted As more fully identified and set forth in Final EIR 10 -03 and in Exhibit "A" to this Resolution, the Planning Commission hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures set forth in Final EIR 10 -03 and in Exhibit "A" to this Resolution are feasible and will become binding upon the entity (such as the Project proponent or the City) assigned thereby to implement the same upon certification of the Final EIR by the City Council and upon approval of necessary discretionary actions for approval of the Project by the City Council. D. Infeasibility of Alternatives As more fully identified and set forth in Final EIR 10 -03 and in Section XI of Exhibit "A" to this Resolution, the Planning Commission hereby finds and recommends the City Council find, pursuant to Public Resources Code Section 3 Resolution EIR 10 -03 November 20, 2013 Page -4- 21081 and CEQA Guidelines Section 15091, that alternatives to the project, which were identified in Final EIR 10 -03, were not found to reduce impacts to a less than significant level or meet the project objectives. E. Adoption of Mitigation Monitoring and Reporting Program As required by Public Resources Code . Section 21081.6, the Planning Commission hereby approves and recommends for approval by the City Council the Mitigation Monitoring and Reporting Program set forth in Final EIR 10 -03. 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. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista on the basis of its findings as set forth above, recommends that the City Council certify Final EIR 10 -03 upon making the required findings pursuant to CEQA Guidelines Section 15090 and adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. 9 Resolution EIR 10 -03 November 20, 2013 Page -5- Pres t by: Kel roughton, FASLA Development Services Director PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this November 20, 2013, by the following vote, to -wit: AYES: Anaya, Nava, Vinson, Chari Moctezuma NOES: Fragomeno, Livag ABSENT: n/a ABSTENTIONS: Calvo Lisa Moctezuma, Chairperson Patricia Laughlin, Secretary - Secretary to Planning Commission Exhibit A - Findings of Fact and Statement of Overriding Considerations 5