HomeMy WebLinkAboutReso 2014-207 RESOLUTIOI�T I�'O. 2014-207
RESOLUTION OF THE CIT1' COUI�rCIL OF THE CIT1' OF
CHULA VISTA IvLAI:II�TG CERT.AII�' FII�TDII�'GS OF FACT:
ADOPTING A STATEMEI�'T OF OVERRIDI?vG
CONSIDERATIONS: ADOPTII�'G A A4ITIGATIOI�'
MOIvITORING AtvD REPORTII�'G PROGRAM FOR
AMENDA4ENTS TO THE GENERAL PLAN. THE OTAY
RA_�'CH GENERAL DEVELOPMEI�'T PLAI�'. THE OTA1'
RAI�'CH VILLAGES 2. 3 AI�TD A PORTIOI�' OF � SECTIOI�TAL
PLAI��iII�'G AREA PLAI�': AND APPROVII�'G FOUR
TEI�TTATIVE MAPS AND A DEVELOPMEI�'T AGREEn4ENT
V�'HEREAS, Bald���in and Sons, LLC, submitted applications requestine approvals for a
General Plan. Ota}� Ranch General Development Plan. and Sectional Plannina Area (SPA) Plan
Amendment, four (4)Tentative Maps (TA4s) and a Development Aereement, for Otay Ranch
Villaees 2. 3 and a Portion of 4 (Project); and
W7-IEREAS, a Drafr Supplemental Em�ironmental Impact Report (Drafr SEIR 12-01 or
Draft SEIR) for the Project ��as issued for public re��ie�� on Maq 20. 2014, and ��as processed
throueh the State Clearinehouse: and
\�'HEREAS. in consideration of the comments received on the Drafr SEIR and
requirements of the Califomia Environmental Quality Act (CEQA). a Final SEIR (Final SEIR
12-0] or Final SEIR) «�as prepared for the Project; and
�l'HEREAS: Final SEIR 12-01 incorporares all comments and recommendations received
on the Drafr SEIR, a list of ail persons, organizations. and public agencies commentine on the
Drafr SEIR, and the Cin�`s responses to all "si�nificant en��ironmental points' raised by public
and aeency comments submitted durina the re��iew and consultation process, in accordance «-ith
CEQA Guidelines Section 1�132; and
�i%HEREAS. additional corrections to Final SEIR ]2-01 did not result in modifications to
conclusions reQardina significance of impacts or the addition of sionificant neN� information that
would require recirculation of the EIR pursuant to CEQA Guidelines section i�088.�; and
V�'HEREAS. Final SEIR 12-01 incorporates, by reference. the prior EIRs that address the
subject propem� indudine the 2006 Final Second Tier EIR (FEIR 02-02). the 200� Chula Vista
General Plan Update EIR (EIR 0�-01). and the Ota�� Ranch GDP/SRP Proeram EIR (EIR 90-01)
as �+�ell as their associated Findinss of Fact and n4iti�ation Monitoring and Reporting Proerams;
and
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Page No. 2
V�'HEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final SETR 12-01 on October 8, 2014 and a motion was made to recommend that the City
Council mal:e certain Findings of Fact; adopt a Statement of Overriding Considerations; adopt a
Mitigation Monitoring and Reporting Program and Certify the Final Supplemental En��ironment
Impact Report (FSEIR 12-01/SCH 2O04091012 for amendments to the General Plan, Otay
Ranch General Development Plan, Otay Ranch Villages 2, 3 and a portion of 4 Sectional
Planning Area Plan, and four associated Tentative Maps pursuant to the Califomia
Environmental Quality Act. The motion failed due to a lack of a second. The Planning
Commission then made a motion that the City Council reject the project by not makin� certain
Findings of Fact; not adopt a Statement of Overriding Considerations; not adopt a Mitigation
Monitoring and Reporting Program and not Certify the Final Supplemental Environmental
Impact Report (FSEIR 12-01/SCH 2O03091012) for amendments to the General Plan, Otay
Ranch General Development Plan, Otay Ranch Villages 2, 3 and a portion of 4 Sectional
Planning Area Plan, and four associated Tentative Maps pursuant to the Califomia
Environmental Quality Act. This motion carried 5-1-0-1; and
WHEREAS, to the extent that the Findings of Fact and Statement of Overridine
Considerations for the Project, dated August 2014 (Eahibit "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 SEIR 12-01 are feasible and have not been modified, superseded or withdra�m,
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 SEIR 12-01 are espressed 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:
I. PLANNING COMn4ISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearings on Final SEIR 12-01 held on September 24, 2014, and before the City
Council at their public hearing held on October 7, 2014, as well as the Minutes and
Resolutions resulting therefrom on Final SEIR-13-01 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-mal:ers, induding
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 Qualit}� Act, Public Resources Code j21000 et seq. ("CEQA"). The
record of proceedings shall be maintained by the City Clerk at City Hall.
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II. FSEIR ]2-01 CO?�TTE?�TTS
That FSEIR 12-01 consists of the follo���ins:
1. Supplemental EIR for the Project GP, GDP and SPA Plan Amendment and 4 TMs
(includine MitiQation Monitoring a�d Reponin� Pro�ram and Technical Appendices);
and � � �
2. Comments and Responses
(All hereafrer collectivel�� referred to as `FSEIR 12-01")
III. ACCOn4PAI�'YING DOCUMENT TO FEIR 12-01
1. Findines of Fact and Statement of Overriding Considerations
IV. PRESEI�'TATIOI�' TO THE DECISION-r�IAKING BODI'
That the Cin� Council does hereb�� certify that FSEIR 12-01 was presented to the Citv
Council as the decision-mal:ing bod}� of the lead agency and that the Ciq� Council has
reviewed and considered the pre��iously certified Final Em�ironmental Impact Repon
(FEIR) as revised by the Final Supplemental Environmental Impact Report (FSEIR 12-
O1/SCH2O03091012) pursuant to the California Em�ironmental Quality Act prior to
approvina the Project.
V. COMPLIAI�TCE �i�ITH THE CALIFORI�'IA ENVIROI�'MEI�'TAL QUALITY ACT
That the Cin� Council does herebv, certifi� that FSEIR 12-01. the Findines of Fact and the
Statement of Ovemding Considerations (Ezhibit "A" to this Resolution, a cop}� which is
on file with the office of the City Clerk): and the Mitigation Monitorins and Reportine
Proeram are prepared in accordance with the requirements of CEQA (Pub. Resources
Code, §2]000 et seq.), the CEQA Guidelines (Califomia Code Rees. Title 14 §1�000 er
seq.). and the En�ironmental Re��ie�+- Procedures of the Cit�� of Chula Vista.
VI. IivDEPEI�DENT JUDGA4ENT OF CITY COUI`'CIL
That the Cin� Council does hereby cenifi� that FSEIR 12-01 reflects the independent
judgment and anal}�sis of the Citq of Chula Vista as lead aeenc�� for the Project.
VII. CEQA FI?�TDI�IGS OF FACT. MITIGATIOI�' n90NITORING A\'D REPORTI\'G
PROGRAA4 A\TD STATENIENT OF OVERRIDIi�'G CONSIDERATIO\iS
A. Adoption of Findings of Fact
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The City Counci] does hereb�� approve, accept as its own, incorporate as if set
forth in full herein, and mal:e each and ever}� one of the findings contained in
Exhibit "A" to this Resolution, a copy of which is on file in the office of the Cin�
Clerk.
B. Mitigation n�easures 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 FSEIR 12-01, the City Council hereb}� finds
pursuant to CEQA Section 21081 and CEQA.Guidelines Section 1�091 that
changes or alterations have been required in, or incorporated into the Project
��hich avoid or substantially lessen the significant environmental effects identified
in FSE]R 12-01; and that such changes and alterations have eliminated or
substantially lessened all significant effects on the environment where feasible as
shoN�n in the findings set forth in Exhibit "A" to this Resolution. Furthermore,
the measures ro mitigate or avoid significant effects on the environment,
consisting of those mitigation measures set forth in Final SEIR 12-01 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
of the Project TMs; 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 iden[ified and set forth in FSEIR-12-01 and in the Findings of Fact
for the Project, ti�hich is Exhibit "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 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 �vhich have been found to be
unavoidable as shown in the findings set forth in �xhibit `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 lorm set forth in Exhibit
'`A" to this Resolution, a copy of which is on file in the Office of the City Clerk.
identif}�ing the specific economic, socia] and other considerations that outweigh
and render the unavoidable significant adverse environmental effects acceptable.
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E. Infeasibiliri� of Altemati��es
As more fullv identified and set forth in FEIR 02-02 and in Section 3�I of E�hibit
"A" to this Resolution, a cop}� of H�hich is on file in the Office of the Cirv Clerk,
the City Council herebv finds pursuant to Public Resources Code Section 21081
and CEQA Guidelines Section 1�091 that alternatives to the project; which were
identified in FSEIR 12-01, w�ere not found to reduce impacts to a less than
significant level or meet the project objecti��es.
F. Adoption of Mitigation Monitoring and Reportine Program
As required b�� Public Resources Code Section 21081 and CEQA Guidelines
Section 1�091, the Cit�� Council hereb�� adopts the pro�ram for reportine on or
monitoring the chanees �+�hich it has either required in the Project or made a
condition of approval to avoid or substantiall�� lessen sienificant em�ironmental
effects, consistino of the Miti�ation Monitorine and Reportine Program set forth
in FSEIR 12-01. The Ciro Council further finds that the Mitieation Monitorine
and Reporting Program is designed to ensure that; durine Project implementation,
the permittee/Project Applicant and am� other responsible parties implement the
Project components and comph� �cith the mitieation measures identified in the
Findines of Fact and the Mitieation Monitorine and Reporting Pro�ram.
\'III. I�TOTICE OF DE7ERI�4[I�'ATION
The Development Sen�ices Director of the City of Chula Vista is directed to file a I�'otice
of Determination with the Countv Clerk of the Countv of San Dieeo, should Cirv Council
appro��e this Project. �
BE IT FURTHER RESOL\'ED that the Citv Council of the Citv of Chula Vista on the
basis of the findin2s as set fonh abo��e and havina considered the previousl�� certified Final
Em�ironmental Impact Report (FEIR) as re��ised by the Final Supplemental Environmental
lmpact Report (FSEIR 12-01/SCH2O0�091012) pursuant to the California Environmental
Qualirv Act, adopt the Findines of Fact; Statement of Ovemding Considerations (Exhibit '`A" to
this Resolution. a cop}� of ti�hich is on file in the Office of the City Clerk); and the Mitigation
Monitorine and Reporting Program in accordance with CEQA Guidelines Section 1�091.
Presented b}� Appro��ed as to form b��
•�,
Kelh� G. Broughton; FASLA Glen R. Ciooeins
Director of Development Services C �� Att ey
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PASSED. APPROVED, and ADOPTED by the City Council of the Cit}� of Chula Vista
California. this 4th da}� of November 2014 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Salas and Cox
NA1'S: Councilmembers: Ramirez
ABSEI`'T: Councilmembers: None
Cheryl Cox, Mayor
ATTEST:
Donna R. Norris, , 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. 2014-207 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 4th day of November 2014.
Executed this 4th day of No��ember 2014.
����� �
Donna R. Norris, M City Clerk