HomeMy WebLinkAboutReso 2014-090 RESOLUTION N0. 2014-090
RESOLUTION OF THE CI7Y COUt�'CIL OF THE CITY OF
CHULA VISTA MAKIt�'G CERTAII� FINDII�rGS OF FACT:
ADOPTII�'G A STATEMENT OF OVERRIDII�TG
COI�'SIDERATIOI�'S: ADOPTII�'G A MITIGATION
MONITORING AND REPORTING PROGRAM AI�'D
CERTIFYII�'G THE FII�'AL SECOND TIER EI�'VIRONMENT.AL
IMPACT REPORT (E[R 10-04/SCH 2O10061090) FOR THE
OTAI' RAI`'CH VILLAGE 9 SECTIONAL PLANNING AREA
PLAN AND TENTATIVE MAP PURSUAI�'T TO THE
CALIFORI�'IA EI`'VIRONMEI�'TAL QUALITY ACT
�L'HEREAS, Otay Land Company, LLC, submitted applications requestine approvals for
a Sectional Plannine Area (SPA) Plan and Tentative Map (TM), for Ota}� Ranch Village 9 �
(Project); and
R'HEREAS, a Drafr Second Tier Em�ironmental Impact Report (Draft EIR 10-0� or
' Drafr EIR) for the Project was issued for public re��iew on Januarv 17, 2014, and w�as processed
throueh the State Clearinehouse: and
W'HEREAS. in consideration of the comments received on the Drafr EIR and
requirements of the Califomia Em�ironmental Quality Act (CEQA), a Final Second Tier EIR
(Final EIR 10-04 or Final EIR) u�as prepazed for the Project; and
WHEREAS, Final EIR 10-04 incorporates all comments and recommendations received
on the Drafr EIR. a list of all persons, organizations; and public aeencies commenting on the
Draft EIR_ and the Cit��'s responses to all "sienificant environmental points" raised by public and
agenc}� comments submitted during the review and consultation process, in accordance ���ith
CEQA Guidelines Section 1�132; and .
W'HEREAS. additional corrections to Final EIR 10-04 did not result in modifications to
conclusions regarding significance of impacts or the addition of si�nificant ne��� information that
���ould require recirculation of the EIR pursuant to CEQA Guidelines section 1�088.�; and
«'IIEREAS, Final EIR ]0-04 incorporates, bv reference, the prior EIRs that address the
subject propert}� includine the 20li Chula Vista General Plan AmendmenUOta�� Ranch General
Development Plan Amendment Supplemental E[R (SEIR 09-01); the 200� Chula Vista General
Plan Update EIR (EIR 0�-01); and the Otay Ranch GDP/SRP Program EIR (EIR 90-01) as well
as their associated Findines of Fact and A4itigation Monitoring and Reponine Programs; and
V�'HEREAS, the Chula Vista Planning Commission held a dulv noticed public hearine for
Final EIR 10-04 on Mav 14, 2014 and. following vote of 3-1-2-1, �vas not able to approve a
resolution recommending the Citv Council mal:e cenain Findings of Fact; adopt a Statement of
Ovemdine Considerations; adopt a Mitieation Monitoring and Reporting Proeram and cenifi-
Final EIR 10-04 for the Ota}� Ranch Villase 9 SPA Plan and TM pursuant to CEQA; and
Resolution No. 2014-090
Page 2
R'HEREAS, to the extent that the Findings of Fact and Statement of O��erriding
Considerations for the Project, dated April ]0; 2014 (Exhibit '`A"` of this Resolution, a cop}� of
�i�hich is on file in the Office of the City Clerk), conclude that proposed mitigation measures
outlined in Final EIR ]0-04 are feasible and have not becn modified, superseded or withdrawn,
the Ciri� 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 advisory, but constitute
a bindine set of oblieations that ���ill come into effect when the City adopts the Resolution
approvine the Project. The adopted mitieation measures contained within the MMRP Section of
Final EIR 10-04 are e�pressed as conditions of approval. Other requirements are referenced in
the A4MRP that are adopted concurrentiv 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 hereby find, determine, resoh�e and order as follows:
I. PLANNING COMM[SSION RECORD
The proceedings and al] e��idence introduced before the Planning Commission at their
public hearings on Final EIR ]0-04 held on May 14, 2014, and before the Cit}� Council at
their public hearing held on June 3, 2014, as well as the Minutes and Resolutions
resulting therefrom on Final EIR-]0-04 shall be incorporated into the record of
proceedings pursuant to Public Resources Code Section 21167.6. These documents,
along with 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 California Environmental Quality
Act, Public Resources Code §21000 et seq. ("CEQA"). The record of proceedings shall
be maintained by the City Clerk at City Hall.
II. FEIR 10-04 CONTENTS
That FEIR 10-04 consists of the following:
I. Second-Tier E[R for the Project SPA Plan and TM (induding Mitigation Monitoring
and Reporting Program and Technical Appendices); and
2. Comments and Responses
(All hereafrer collecti��eh� referred to as "FEIR ]0-04")
III. ACCOMPANYING DOCUMENT TO FEIR 10-04
1. Findings of Fact and Statement of Overriding Considerations
Resolution No. 2014-090
Paee 3
N. PRESENTATION TO THE DECISIONMAKING BODl
That the Cin� Council does hereb�� certif�� that FEIR ]0-04 H�as presented to the Citv
Council as the decision-mal:ine bod}� of the lead asency and that the City Council has
re��iewed and considered the information contained in FETR 10-04 prior to approving the
Project.
V. COMPLIAI�'CE R%ITH THE CALIFORI`'IA ENVIRONMENTAL QUALITY ACT
That the Cin Council does herebvi certifv that FEIR 10-04. the Findines of Fact and the
Statement of O��emdine Considerations (Exhibit "A" to this Resolution, a copy which is
on file with the Office of the City Clerk). and the Mitigation Monitorins and Reportine
Program aze prepared in accordance with the requirements of CEQA (Pub. Resources
Code, §21000 et seq.). the CEQA Guidelines (Califomia Code Rees. Title 14 §15000 e�
seq.), and the Em�ironmental Re��iew Procedures of the City oF Chula V ista.
VI. II�TDEPEI�TDEI�'T NDGMEI�'T OF CITY COUI�'CIL
That the Cin� Council does hereby cenif}� that FEIR 10-04 reflects the independent
judement and anal}�sis of the Cih�of Chula Vista as lead aeenc�� for the Project.
VII. CEQA FII�iDI�'GS OF FACT. MITIGATION MONITORING AI�'D REPORTII�'G
PROGRAI�1 AI�'D STATEME\'T OF OVERRIDII`rG CONSIDERATIONS
A. Adoption of Findings of Fact
The Cin� Council does hereby appro��e, accept as its o���n; incorporate as if set
forth in full herein. and mal:e each and even� one of the findinas contained in
Ezhibit "A" to this Resolution, a cop} of�i�hich is on file in the office of the Citv
Clerk.
B. MitiQation Measures Feasible and Adopted
On the basis of the findinas set forth in Eshibit "A" to this Resolution and as
more fullv identified and set forth in FEIR ]0-04. the Cih� Council herebv finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that
chanees or alterations have been required in. or incorporated into the Project
which avoid or substantiallv lessen the sienificant em ironmental effects identified
in FEIR 10-04, and that such chanees and alterations have eliminated or
substantialh= lesse�ed all sienificant effects on the environment ��fiere feasible as
sho«� in the findines set forth in Eihibit "A" to this Resolution. Funhermore.
the measures to mitieate or a��oid sienificant effects on the em�ironment.
consistine of those mitieation measures set forth in Final EIR 10-04 and in
Exhibit "A° to this Resolution; are fullv enforceable throueh permit conditions,
a�reements or other measures: including but not limited to conditions of appro��al
of the Project TM. and ���ill become binding upon the entin� (such as the project
proponent or the Cit}�) assigned thereb�� to implement the same.
Resolution No. 2014-090
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C. Infeasibilit�� of n4itication Measures
As more fully identified and set forth in FEIR-]0-04 and in the Findings of Fact
for the Project; which is Eahibit "A" to this Resolution, certain mitigation
measures described in said documents are infeasible.
D. Statement of Overriding Considerations
Even afrer the adoption of all feasible mitigation measures and an}� feasible
altematives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. Howe��er, pursuant to CEQA
Guidelines Section 1�092; the City hereby finds a�d determines that any
remaining sienificant effects on the environment ti�hich have been found to be
unavoidable as sho�m in the findings set forth in Exhibit "A' to this Resolution
aze acceptable due to certain overriding concerns. Therefore, the Cit}� Council of
the City of Chula Vista hereby approves, pursuant to CEQA Guidelines Section
1509.i; a Statement of Overriding Considerations in the form set forth in Eahibit
"A" to this Resolution identif}�ing the specific economic. social and other
considerations that outweigh and render the unavoidable significant ad�-erse
environmental effects acceptable.
E. Infeasibilitv of Alternatives
As more fully identified and set forth in FEIR 10-04 and in Section XI of Exhibit
"A" to this Resolution, the City Council hereby finds pursuant to Public
Resources Code Section 21081 and CEQA Guidelines Section 1�091 that
altematives to the project, which were identified in FEIR 10-04, 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 15091, 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 10-04. The City Council further finds that the Mitigation Monitoring and
Reporting 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 Miti�ation Monitoring and Reporting Program.
Resolution No. 2014-090
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VIII. NOTICE OF DETERMII�'ATIOi�i
The Development Services Director of the City of Chula Vista is directed to file a Notice
of Determination «-ith the County Clerk of the Countv of San Diego, should City Council
approve this Project.
BE IT FURTHER RESOLVED THAT the Citv Council of the Citv of Chula Vista on the
basis of the findings as set fonh above certifies FEIR 10-04; and adopts the Findings of Fact and
Statement of Overridins Considerations (Exhibit `'A" to this Resolution, a cop}� of which is on file
in the Office of the City Clerk), and 1�4itieation Monitoring and Reportine Program in accordance
with CEQA Guidelines Section 1�091. �
Presented by Approved as to form by
� .
F:ell}� r ton. FASLA en R. oeins
Director of Development Sen-ices 't}� Att e}�
Resolution No. 2014-090
Pa�e 6
PASSED. APPROVED, and ADOPTED by the City Council of the Cit}� of Chula Vista;
California, this �rd day of June 2014 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, May
ATTEST:
��
Donna R. Norris, MC; City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista; California, do hereby certify that the foregoing
Resolution No. 2014-090 ��as duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 3rd day of June 2014.
E�ecuted this 3rd day of June 2014.
Donna R. Norris, C C, City Clerk