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HomeMy WebLinkAboutItem 4a - Staff Report - Village 9 EIRC H U LA V I S T A PLANNING COMMISSION AGENDA STATEMENT Item• 4 -a Meeting Date: 05 -14 -2014 ITEM TITLE: PUBLIC HEARING: Consideration of the Final Second Tier Environmental Impact Report (EIR 10 -04) for the Otay Ranch Village 9 Sectional Planning Area Plan and Tentative Map. RESOLUTION NO. EIR -10 -04 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- 04 /SCH 2010061090) for the Otay Ranch Village 9 Sectional Planning Area Plan and Tentative Map pursuant to the California Environmental Quality Act SUBMITTED BY: Glen Laube, Senior Planner REVIEWED BY: Kelly Broughton FASLA, Development Services Director INTRODUCTION: In accordance with the requirements of the California Environmental Quality Act (CEQA), a Second Tier Environmental Impact Report (EIR), CEQA Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (MMRP) have been prepared for the Otay Ranch Village 9 Sectional Planning Area (SPA) Plan and Tentative Map (TM). In accordance with Section 15105(a) of the CEQA Guidelines, the Draft Village 9 EIR was circulated for a 45 -day public review. Written comments were received during the public review period, and responses to the comments are included in the Final Village 9 EIR. This staff report discusses the general content of the Village 9 Final EIR, CEQA Findings of Fact, and MMRP. The Planning Commission must consider the Village 9 Final EIR before taking any action on the Village 9 SPA Plan and TM. RECOMMENDATION That the Planning Commission adopt Resolution No. EIR- 10 -04. DISCUSSION Otay Land Company, LLC has submitted an application requesting approvals for a Village 9 SPA Plan and TM (collectively, the Project). The Village 9 EIR evaluates the environmental effects of the Project. The Project proposes development of a maximum of 3,734 multi - family and 266 single - family residential units; a maximum of 1,500,000 square feet (SF) of non- residential use; 27.5 acres of urban and passive parks; 19.8 acres for elementary school sites; 5.0 acres for community purpose facility uses; 9.6 acres of open space; and 26.1 acres of street right- Planning Commission May 14, 2014 Page No. 2 of -way. In addition, 50 acres is proposed for dedication to the City of Chula Vista for a future university. A 30 -foot wide off -site utility corridor is proposed that would extend south from the site. The corridor would include a sewer line that will connect to the existing Salt Creek Sewer Trunk Line, a storm drain to direct drainage to the Otay River, and a utility road on the southern portion of the corridor for utility access. The SPA Plan and proposed development is consistent with the City of Chula Vista General Plan (GP) and Otay Ranch General Development Plan (GDP). CEQA Compliance The Village 9 Final EIR has been prepared in accordance with CEQA (Public Resources Code Section 21000 et seq.) and the City of Chula Vista's Environmental Review Procedures. Pursuant to Section 21067 of CEQA and Section 15367 and Sections 15050 through 15053 of the CEQA Guidelines, the City of Chula Vista is the Lead Agency under whose authority this EIR has been prepared. Because of the size, complexity of issues and extended buildout period of the development of Otay Ranch, both the planning and environmental documentation associated with Otay Ranch were tiered from the general to the specific. The first tier of planning and approvals included approval of the Final Otay Ranch GDP /Sub - regional Plan (SRP) and associated Program EIR (90 -01). EIR 90 -01 was prepared and certified jointly by the City and County of San Diego in 1993. EIR 90 -01 was certified with the intent that the individual SPA planning projects within Otay Ranch would be reviewed as "second- tier" projects pursuant to Section 15152 of the CEQA Guidelines. Under such tiering principles, the Village 9 SPA Plan and TM are analyzed at a second -tier level of review (project level). The Village 9 Final EIR incorporates by reference and serves as a second -tier EIR to EIR 90 -01 as well as its associated Findings of Fact and Mitigation Monitoring and Reporting Program. In 2005, the City completed a comprehensive update of its General Plan (2005 GPU), which included amendments to the Otay Ranch GDP. Although the 2005 GPU included land use designations for the entire City, the City Council did not take action on the proposed land use designations and polices in the "Deferral Area," which included several village sites, including Village 9. In 2013, a subsequent General Plan Amendment/General Development Plan Amendment (2013 GPA/GDPA) was approved that established land use designations for the Deferral Area, and re- designated land uses in the surrounding area. The 2013 GPA/GDPA land use change area includes Village 8, Village 9, and a portion of the University Park and Innovation District. The 2013 GPA/GDPA included policy revisions to the 2005 GPU /GDPA, revisions to the General Plan Circulation Plan, reconfiguration of village boundaries, and land use designation amendments. A Supplemental EIR (SEIR 09 -01) was prepared and certified for the 2013 GPA/GDPA in accordance with CEQA and the City's Environmental Procedures. The 2013 SEIR (SEIR 09 -01) was a supplemental environmental analysis that updated the 2005 GPU EIR (EIR 05 -01). As a supplemental environmental document, SEIR 09 -01 only included environmental analysis of those issues that were affected by the updated policies and land use designations in the 2013 GPA/GDPA. As such, the Village 9 EIR also incorporates by reference and serves as a second -tier EIR to the 2005 GPU EIR (EIR 05 -01) and the 2013 GPA/GDPA SEIR (SEIR 09 -01). Planning Commission May 14, 2014 Page No. 3 Pursuant to CEQA Guidelines Section 15161, this document has been prepared as a "Project EIR" and is "focused primarily on the changes in the environment that would result from the development" (i.e., the Project). Where environmental impacts have been determined to be potentially significant, the Village 9 Final EIR presents mitigation measures directed at reducing those adverse environmental effects. The mitigation measures proposed for the project will substantially lessen or avoid the significant effects of the project on the environment to the degree feasible, and have been included in the Village 9 MMRP. Comments on the Draft EIR The Village 9 Draft EIR was circulated for a 45 -day public review period from January 17, 2014 through March 3, 2014. Letters of comment were received on the Village 9 Draft EIR from the following agencies and individuals: • U.S. Fish and Wildlife Service (USFWS) and California Department of Fish and Wildlife • California Department of Transportation (Caltrans, District 11) • Native American Heritage Commission • County of San Diego — Planning and Development Services • City of San Diego • San Diego Association of Governments (SANDAG) • Otay Valley Regional Park (OVRP) Citizens Advisory Committee (CAC) • San Diego County Archaeological Society, Inc. Comments received during the 45 -day public review period and the responses to those comments have been included in the Village 9 Final EIR (see Attachment 1). None of the comments received resulted 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. Additional Revisions to Draft EIR Staff observed minor typographical errors and inconsistencies in the Village 9 Draft EIR during the public review period. Corrections and clarifications have been made in the Village 9 Draft EIR, and the Village 9 Final EIR reflects the corrected information. None of the minor corrections and clarifications resulted 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. Findings of the Village 9 Final EIR 10 -04 The Village 9 Final EIR identified direct and cumulative significant environmental effects (or "impacts ") that would result from the Project. Some of these significant effects can be reduced to below significance through the adoption of feasible mitigation measures. Other significant effects cannot be avoided by the adoption of feasible mitigation measures or alternatives, and are considered significant and unmitigable. Planning Commission May 14, 2014 Page No. 4 Summary of Environmental Impacts The following discussion contains a summary of the impact conclusions from the Village 9 Final EIR. Direct (Project) and cumulative impacts (effects from the Project and other probable future projects) which when considered together are considerable or which compound or increase other environmental impacts (CEQA Guidelines Section 15130) are identified and divided into three categories: 1. Significant and Unmitigated 2. Significant and Mitigated to Less Than Significant 3. Less Than Significant Cumulative impacts are cumulatively considerable when the incremental effects of the Project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects (CEQA Guidelines Section 15065(a)(3)). 1) Significant and Unmitigated Impacts • Aesthetics /Landform Alterations — The Project would result in significant direct and cumulative impacts to the visual character and quality of the project area in that the development would permanently change the site from undeveloped rolling hills to an urban environment. • Transportation/Traffic — The Project would result in a cumulative impact to the Olympic Parkway /I -805 Northbound ramps intersection. • Air Quality — The Project would result in a significant direct and cumulative impact because construction activities and project operations would exceed the federal and state standards for criteria pollutants; and, — The Project would result in a significant direct and cumulative impact because its development yields are not consistent with the growth projections in the current San Diego County Regional Air Quality Standard (RAQS). The current RAQS are based on the City's 2005 GPU. Thus, the Project would exceed the regional growth projects until the RAQS is updated to reflect the growth projected in the 2013 GPA/GDPA. • Noise — Implementation of the project would have the potential to result in short-term exposure to excessive noise levels generated by traffic. However, implementation of the Village 9 SPA Plan and TM would include the construction of new roadways that would reduce long -term traffic and associated traffic- generated noise on the roadways surrounding the project site. Once the build -out roadway system is complete, exposure to excessive noise levels would be less than significant. • Cultural Resources Planning Commission May 14, 2014 Page No. 5 - The Project would result in a significant cumulative impact because its development would incrementally increase impacts to the historical record and cultural resources within the San Diego region. • Global Climate Change - The Project would result in a significant direct and cumulative impact because its development would exceed the state and federal standards for ozone precursors. Ozone precursors such as nitrogen oxides or volatile organic compounds (VOCs) are a contributing factor in global warming. Under the context of global climate change, increased temperatures would have the potential to increase the creation of ground -level ozone in the SDAB, which could exacerbate health impacts associated with ozone. • Agriculture - The Project would result in a significant direct and cumulative impact to Farmland of Local Importance because its development would permanently change the site from undeveloped agricultural lands to an urban environment. • Public Utilities - Water Supply The Project would result in a significant direct and cumulative impact because long- term water supply availability cannot be guaranteed. Although the Water Supply Assessment and Verification (WSAV) for the Village 9 SPA Plan and the water supply and reliability studies from Otay Water District (OWD) identify adequate water supplies for Village 9, there is no guarantee that long -term water supply or infrastructure would be available to serve the project when needed. - Recycled Water The Project would result in a cumulatively significant impact to recycled water supply and demand. Infrastructure improvements needed to meet long -term recycled water demand are the responsibility of OWD and outside the jurisdiction of the City. A cumulatively considerable and unavoidable impact would occur until OWD has constructed the recycled water infrastructure needed to meet regional projected recycled water demands. - Wastewater The Project in combination with other foreseeable growth could require sewage treatment beyond the City's existing wastewater treatment capacity rights and allocated additional treatment capacity. The location and nature of any new or expanded treatment facilities, if needed in the future, have not yet been determined. In light of this, it is possible that the construction of any new or expanded treatment facilities, if needed in the future, could result in significant direct and/or cumulative impacts. Planning Commission May 14, 2014 Page No. 6 — Energy Resources The Project would result in a significant direct and cumulative impact to energy resources because of the uncertainty regarding long -term energy supply. Although City programs and policies would result in more efficient use of energy within the Project, they do not ensure that increased energy resources will be available when needed. All feasible mitigation measures have been required of the Project with respect to these impacts. Although in some instances these mitigation measures may, substantially lessen these significant impacts, adoption of the measures will not fully avoid the impacts. The conclusion for significant and unmitigated impacts related to landform alteration/aesthetics, air quality, noise, water supply, and energy are consistent with the findings contained in the adopted 2005 GPU EIR (EIR 05 -01) and /or 2013 GPA/GDPA SEIR (SEIR 09 -01). Role of the City as a Lead Agency Regarding Significant and Unmitigated Impacts As a Lead Agency, the City must make findings pursuant to CEQA Guidelines Sections 15043, 15091, and 15093 for each significant and unmitigated impact. The attached Findings of Fact and Statement of Overriding Considerations have been prepared specifically for the project actions for which the City has authority to approve or carry out (see Attachment 2, Findings of Fact and Statement of Overriding Considerations, dated April 10, 2014). Sections 15043, 15091 and 15093 of the CEQA Guidelines state that the adverse environmental effects are considered "acceptable" and a Lead Agency can approve a project that will result in the occurrence of significant effects when, based upon substantial evidence, findings have been made that specific economic, legal, social, technological or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR, and benefits of a Proposed Project outweigh the policy of reducing or avoiding the significant environmental effects of the project. 2) Significant and Mitigated to Less than Significant Significant impacts were identified in the following environmental issue areas, and mitigation measures were required in the EIR to reduce the impacts to less than significant. A MMRP (see Attachment 1) has been prepared to ensure that the mitigation measures will be implemented in accordance with specified monitoring requirements. • Land Use and Planning - Mitigation Measures 5.1 -1, 5.1 -2 and 5.6 -1 through 5.6 -19 would reduce potentially significant impacts to land use compatibility and conflicts with Habitat Conservation Plans (HCP) or Natural Community Conservation Planning (NCCP) to less than significant. No significant effects were identified for conflicts with land use plans, policies, and regulations. • Aesthetics /Landform Alterations - Mitigation Measures 5.2 -1 through 5.2 -4 would reduce potentially significant impacts to scenic resources, lighting and glare, shadow and wind, and landform alteration to less than significant. No significant direct effects were identified for scenic vistas and consistency with visual character policies. Planning Commission May 14, 2014 Page No. 7 • Transportation - Mitigation Measures 5.3 -1 through 5.3 -21, and 5.13 -2 through 5.13 -4 would reduce potentially significant impacts to traffic and level of service standards, congestion management, and air traffic patterns to less than significant. No significant effects were identified for road safety, emergency access, and consistency with transportation policies. • Air Quality - Mitigation Measure 5.4 -4 would reduce potentially significant impacts to sensitive receptors from exposure to Toxic Air Contaminants (TACs) to less than significant. No significant effects were identified for objectionable odors and consistency with air quality policies. • Noise - Mitigation Measures 5.5 -1 through 5.5 -8 would reduce potentially significant impacts related to excessive noise levels, short-term increase in noise level, and temporary increases in ambient noise levels to less than significant. No significant effects were identified for excessive groundborne vibration, aircraft noise, and consistency with noise polices. • Biological Resources - Mitigation Measures 5.4 -1 through 5.4 -3, 5.6 -1 through 5.6 -19, and 5.11 -1 through 5.11 -6 would reduce potentially significant impacts to sensitive plant and wildlife species; riparian habitat and other sensitive natural communities; federally protected wetlands; and conflicts with local policies, ordinances, HCP, or NCCP to less than significant. No significant effects were identified for wildlife movement corridors and nursery sites. • Cultural and Paleontological Resources - Mitigation Measures 5.7 -1 through 5.7 -7 would reduce potentially significant impacts to archaeological resources, human remains, and paleontological resources to less than significant. No significant effects were identified for historical resources and consistency with cultural resource policies. • Geology and Soils - Mitigation Measures 5.8 -1, 5.8 -2 and 5.11 -1 through 5.11 -6 would reduce potentially significant impacts to exposure to seismic related hazards, soil erosion or topsoil loss, soil stability, and expansive soils to less than significant. No significant effects were identified for consistency with geotechnical policies and waste water disposal systems. • Public Services - Mitigation Measures 5.9.1 -1 through 5.9.5 -7 would reduce potentially significant impacts to fire protection service standards, consistency with fire and emergency medical service policies, police service standards, consistency with police service policies, school facilities, schools siting, library service standards, deterioration of parks and recreation facilities, and parks and recreation standards to less than significant. No significant effects were identified for fire and emergency medical facilities, police service facilities, consistency with school policies, library facilities, Planning Commission May 14, 2014 Page No. 8 consistency with library policies, new recreation facilities, and consistency with park policies. • Hydrology and Water Quality - Mitigation Measures 5.11 -1 through 5.11 -6 would reduce potentially significant impacts to water quality standards, erosion or siltation, surface runoff, exceed drainage capacity, and degradation of water quality to less than significant. No significant effects were identified for groundwater supplies and recharge, 100 -year flood hazards, consistency with water quality policies, flooding, and inundation. • Agricultural Resources - Mitigation Measure 5.12 -1 would reduce potentially significant impacts to land use zoning conflicts to less than significant. No significant effects were identified for consistency with agricultural resource policies. • Hazards /Risk of Upset - Mitigation Measures 5.13 -1 through 5.13 -4 would reduce potentially significant impacts related to accidental release of hazardous materials, hazards to schools, airport hazards, consistency with hazard policies, and historic use of pesticides to less than significant. No significant effects were identified for transport, use, or disposal of hazardous materials; existing hazardous material sites; emergency response and evacuation plans; and wildland fires. • Public Utilities - Mitigation Measures 5.15.1 -4 through 5.15.4 -2 would reduce potentially significant impacts to compliance with city -wide water supply thresholds, adequate wastewater facilities, and new recycled water facilities to less than significant. No significant effects were identified for new water treatment facilities, consistency with water supply policies, consistency with city wastewater engineering standards, consistency with wastewater polices, sufficient landfill capacity, solid waste regulations, consistency with solid waste policies, consistency with recycled water policies, wasteful use of energy, and consistency with energy policies. 3) Less than Significant Impacts Less than significant impacts were identified in the following environmental issue areas: • Housing and Population • Mineral Resources DECISION -MAKER CONFLICTS Staff has reviewed the property holdings of the Planning Commission and has found no property holdings within 500 feet of the boundaries of the property, which is the subject to this action. Staff is not independently aware, nor has staff been informed by any Planning Commission member, of any other fact that may constitute a basis for a decision -maker conflict of interest in this matter. Planning Commission May 14, 2014 Page No. 9 RELATIONSHIP TO THE CITY'S STRATEGIC PLAN The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The Village 9 Project supports the Economic Vitality goal, particularly City Initiative 2.1.3 (Promote and support development of quality master - planned communities). The Village 9 EIR supports the Village 9 implementation documents (the SPA Plan and TM). Approval of those implementation level documents will assure the development of quality master - planned communities. CONCLUSION All feasible mitigation measures with respect to impacts for the Project have been included in the Village 9 Final EIR. As described above, the Project will result in unmitigable impacts that would remain significant after the application of these measures. Therefore, in order to approve the Project, the City must adopt Findings of Fact and a Statement of Overriding Considerations pursuant to CEQA Guidelines Sections 15043, 15091 and 15093 (see Attachment 2, Findings of Fact and Statement of Overriding Considerations, Section XII). The City has examined a reasonable range of alternatives to the proposed project, other than the proposed project described in the Village 9 Final EIR. CEQA requires the examination of project alternatives that could reduce or avoid significant impacts even if the alternatives would not accomplish the project objectives. The Village 9 Final EIR evaluated three alternatives: the No Project Alternative, Reduced Density Alternative 1 (1,167 dwelling units), and Reduced Density Alternative 2 (672 dwelling units). The Village 9 Final EIR identified the No Project and the Reduced Density Alternative 2 as the environmentally superior alternatives, even though neither of these alternatives would meet the project objectives (see Attachment 2, Findings of Fact and Statement of Overriding Considerations, Section XI). The Village 9 Final EIR meets the requirements of CEQA and, therefore, staff recommends that the Planning Commission recommend that the City Council certify that EIR 10 -04 has been prepared in accordance with CEQA, the State CEQA Guidelines and the Environmental Review Procedures of the City of Chula Vista; make certain Findings of Fact; and adopt the Statement of Overriding Considerations. CURRENT YEAR FISCAL IMPACT The processing costs for the SPA Plan, Tentative Map, Environmental Impact Report and all supporting documents were funded by a developer deposit account. This account funded city staff and consultants representing the city concerning Village 9. Planning Commission May 14, 2014 Page No. 10 ONGOING FISCAL IMPACT The ongoing costs for implementing the Mitigation Monitoring and Reporting Program will be funded by a developer deposit account. This account will fund city staff and consultants as necessary. ATTACHMENTS 1. Village 9 Final EIR 10 -04 and Mitigation Monitoring and Reporting Program (disk provided) 2. Findings of Fact and Statement of Overriding Considerations (disk provided) Prepared by: Glen Laube, Senior Planner J.• IPlanninglGLaubeDtay Ranch DLC _ Villages lVillage 91HearingslPClMikes_review_ revised per mikes comments lPCAgStV9FE1R- 031814- DCADraft.doc RESOLUTION NO. EIR 10 -04 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- 04/SCH 2010061090) FOR THE OTAY RANCH VILLAGE 9 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 9 (Project); and WHEREAS, a Draft Second Tier Environmental Impact Report (Draft EIR 10 -04 or Draft EIR) for the Project was issued for public review on January 17, 2014, 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 -04 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR 10 -04 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 -04 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 -04 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 1993 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 -04 on May 14, 2014; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project, dated April 10, 2014 (Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures Resolution EIR 10 -04 Pa - e 12 May 14, 2014 outlined in Final EIR 10 -04 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista, contingent upon certification of Final EIR 10 -04 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 -04, 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: L PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on EIR 10 -04 held on May 14, 2014, 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 -04, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.). II. FINAL EIR 10 -04 CONTENTS That Final EIR 10 -04 consists of the following: 1. Second -Tier EIR for the Village 9 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 -04 ") III. ACCOMPANYING DOCUMENT TO FINAL EIR 10 -04 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 -04, 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. 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. Resolution EIR 10 -04 Page 13 May 14, 2014 V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the Final EIR 10 -04 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 -04 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 -04 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 -04 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 21081 and CEQA Guidelines Section 15091, that alternatives to the project, which were identified in Final EIR 10 -04, were not found to reduce impacts to a less than significant level or meet the project objectives. Resolution EIR 10 -04 Page 14 May 14, 2014 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 -04. 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 -04 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. Presented by: Approved as to form by: Kelly Broughton, FASLA Glen R. Googins Development Services Director City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this May 14, 2014, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTENTIONS: Lisa Moctezuma, Chairperson Patricia Laughlin, Secretary to Planning Commission Exhibit A - Findings of Fact and Statement of Overriding Considerations RESOLUTION NO. EIR 10 -04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS; ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AND CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL IMPACT REPORT (EIR 10- 04 /SCH 2010061090) FOR THE OTAY RANCH VILLAGE 9 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 9 (Project); and WHEREAS, a Draft Second Tier Environmental. Impact Report (Draft EIR 10 -04 or Draft EIR) for the Project was issued for public review on January 17, 2014, 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 -04 or Final EIR) was prepared for the Project; and WHEREAS, Final EIR 10 -04 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 -04 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 -04 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 WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Final EIR 10 -04 on May 14, 2014 and recommended the City Council make certain Findings of Fact; adopt a Statement of Overriding Considerations; adopt a Mitigation Monitoring and Reporting Program and certify Final EIR 10 -04 for the Otay Ranch Village 9SPA Plan and TM pursuant to CEQA by the following vote x- x -x -x; and WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project, dated April 10, 2014 (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 Final EIR 10 -04 are feasible and have not been modified, superseded or withdrawn, the City 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 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 MMRP Section of Final EIR 10 -04, are expressed as conditions of approval. Other requirements are referenced in the MMRP that are 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 CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on Final EIR 10 -04 held on May 14, 2014, and before the City Council at their public hearing held on June 3, 2014, as well as the Minutes and Resolutions resulting therefrom on Final EIR -10 -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: 1. Second -Tier EIR for the Project SPA Plan and TM (including Mitigation Monitoring and Reporting Program and Technical Appendices); and 2. Comments and Responses (All hereafter collectively referred to as "FEIR 10 -04 ") III. ACCOMPANYING DOCUMENT TO FEIR 10 -04 1. Findings of Fact and Statement of Overriding Considerations 2 IV. PRESENTATION TO THE DECISIONMAKING BODY That the City Council does hereby certify that FEIR 10 -04 was presented to the City Council as the decision - making body of the lead agency and that the City Council has reviewed and considered the information contained in FEIR 10 -04 prior to approving the Project. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby certify that FEIR 10 -04, 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 are prepared in accordance with the requirements of CEQA (Pub. 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. VI. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council does hereby certify that FEIR 10 -04 reflects the independent judgment and analysis of the City of Chula Vista as lead agency for the Project. VII. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING 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 Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted On the basis of the findings set forth in Exhibit "A" to this Resolution and as more fully identified and set forth in FEIR 10 -04, the City Council hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effects identified in FEIR 10 -04, and that such changes and alterations have eliminated or substantially lessened all significant effects on the environment where feasible as shown in the findings set forth in Exhibit "A" to this Resolution. Furthermore, the measures to mitigate or avoid significant effects on the environment, consisting of those mitigation measures set forth in Final EIR 10 -04 and in Exhibit "A" to this Resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval 3 of the Project TM, and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR -10 -04 and in the Findings of Fact for the Project, which is Exhibit "A" to this Resolution, certain mitigation measures described in said documents are infeasible. D. 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. However, pursuant to CEQA Guidelines Section 15092, the City hereby finds and determines that any remaining significant effects on the environment which have been found to be unavoidable as shown in the findings set forth in Exhibit "A" to this Resolution are acceptable due to certain overriding concerns. Therefore, the City Council of the City of Chula Vista hereby approves, 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. E. Infeasibility 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 15091 that alternatives 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 Mitigation Monitoring and Reporting Program. 0 VIII. NOTICE OF DETERMINATION The Development Services Director of the City of Chula Vista is directed to file a Notice of Determination with the County Clerk of the County of San Diego, should City Council approve this Project. BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista on the basis of the findings as set forth above certifies FEIR 10 -04, and adopts the Findings of Fact and Statement of Overriding Considerations (Exhibit "A" to this Resolution), and Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091. Submitted by Kelly Broughton, FASLA Development Services Director Approved as to form by Glen R. Googins City Attorney Exhibit A - Findings of Fact and Statement of Overriding Considerations 5