HomeMy WebLinkAboutReso 2014-232 RESOLUTION NO. 2014-232
RESOLUTION OF THE CITI' COUI�'CIL OF THE C1T1' OF
CHULA VISTA MAKING CERTAII�' FI1�'DII�'GS OF FACT:
ADOPTII�G A STATEMENT OF OVERRIDII�'G
C01�'SIDERATIONS: ADOPTING A I�9ITIGATIOI�'
MONITORING AI�TD REPORTII�'G PROGRAM AI�'D
CERTIFYII�'G THE FII�'AL EI�TVIRONMENTAL IMPACT
REPORT (EIR-li-01; SCH NO. 2013071077) FOR THE OTAY
RAIvCH UI�'IVERSITI' VILLAGES SECTIONAL PLAI�TI�'II�'G
AREA PLANS. GENERAI. PLAI�' AMENDMENT. GENERAL
DEVELOPMENT PLAN AMENDMEI�'T AI�'D TENTATIVE
MAPS PURSUANT TO THE CALIFORI�'IA
ENVIROI�TMENTAL QUALITI' ACT
R'HEREAS, SSBT LCRE V, LLC, submitted applications requestine approvals for
Sectional Plannine Area (SPA) Plans, a General Plan Amendment (GPA), General Development
Plan Amendment (GDPA) and Tentati��e Maps (TM). for the University Villaees, includine
Villages 3. 8 East and 10 (Project); and
W7IEREAS, a Draft Environmental Impact RepoR (Drafr EIR-li-01 or Draft EIR) for
the Project was issued for public re��ie�i� on Aueust �. 2014, and was processed throuoh the State
Clearin�house: and
WHEREAS. in consideration of the comments received on the Drafi EIR and
requirements of the Califomia Em ironmental Qualitv Act (CEQA); a Final EIR (Final EIR-13-
O1 or Final EIR) H�as prepazed for the Project; and
WHEREAS, Final EIR-li-01 incorporates all comments and recommendations received
on the Drafr EIR, a list of all persons; organizations, and public aeencies commenting on the
Drafr EIR, and the City's responses to all "sienificant em�ironmental points ' raised by public and
asenc�� comments submitted durine the re��iew and consultation process; in accordance �ti�ith
CEQA Guidelines Section 1�132; and
W1iEREAS. additional corrections to Final EIR-li-01 did not result in modifications to
conclusions reeazdine significance of impacts or the addition of sienificant ne�v information that
���ould require recirculation of the EIR pursuant to CEQA Guidelines section 1�088.�; and
WZ-IEREAS, Final EIR-li-01 incorporates, bv reference, the prior EIRs that address the
subject propert}� includine the 1993 Otay Ranch General Development Plan and Proeram EIR
(SCH No. 890101�4), Ota}� Ranch SPA One EIR (SCH No. 94101046), 200� Chula Vista
General Plan Update/Otav Ranch General De��elopment Plan Amendment and Program EIR
(SCH No. 2004081066), 2006 Ota�� Ranch Villages T���o, Three, and a Ponion of Village Four
SPA Plan and Final Second Tier EIR (SCH ?�'o. 2003091012), and 2013 Cit�� of Chula Vista
General Plan AmendmenbOtav Ranch General De��elopment Plan Amendment and
Supplemental EIR (SCH No.2004081066) as �i�ell as their associated Findines of Fact and
Mitieation A4onitorine and Reportine Proerams; and the Project SPA Plans: GPA. GDPA and
TM: and
Resolution No. 2014-232
Page No. 2
WHEREAS. the Chula Vista Planning Commission held a duly noticed public hearing for
Final EIR-]3-O] on November 19, 2014, and voted to approve a resolution recommending 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-13-01 for the Otay
Ranch University Villaaes SPA Plans; GPA, GDPA and TMs pursuant to CEQA; and
WHEREAS, to the extent that the Findings of Fact and Statement of Ovemding
Considerations for the Project, dated November, 2014 (Exhibit "1" of this Resolution, a copy of
which is on Gle in the office of the City Clerk), conclude that proposed mitigation measures
outlined in Final EIR-13-01 are feasible and have not been modified, superseded or withdra���n.
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 Mitigation
Monitoring and Reporting Program Section of Final EIR-13-01 are eapressed as conditions of
approval. Other requirements are referenced in the Mitigation Monitoring and Reporting
Program that are adopted concuttentl}� with these Findings of Fact and will be effectuated
through the process of impleinenting the Project.
NOW. THEREFORE. BE IT RESOLVED THAT THE CITY COIJNCIL ofthe Citv of
Chula Vista does hereby find; determine, resolve and order as follows:
l. PLANNING COMMISSION AND CITY COUNCIL RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearin� on Final EIR-13-01 held on November 19, 2014, and before the City
Counci] at their public hearing held on December 2, 2014, as well as the Minutes and
Resolutions resulting therefrom on Final EIR-13-01 shall be incorporated into the record
of proceedings pursuant to Public Resources Code Section 21167.6. These documents,
alon� N�ith any documents submitted to the decision-makers, including documents
specified in Public Resources Code Section 2ll67.6, subdivision (e), shall comprise the
entire record of proceedines for any claims under the CEQA (Public Resources Code
§21000 e� seg.) The record of proceedings shall be maintained by the City Clerk at City
Hall.
Il. Final EIR-13-01 CONTENTS
That Final EIR-13-01 consists of the follow�ing:
1. EIR for the University Villaees SPA Plans, GPA, GDPA and TMs
2. Comments received during public revieN�and responses
3. Mitigation Monitoring and Reporting Program
4. Technical Appendices
(All hereafter collectively referred to as "Final EIR-13-01")
Resolution No. 201�-232
Paee I`'o. 3
III. ACCOn4PAN1'II�G DOCUMENT TO Final EIR-li-OI
1. Findines of Fact and Statement of O��erridina Considerations
IV. PRESENTATION TO THE DECISIOI�TMAICII�'G BODY
That the Ciri� Council does herebvi certif�� that Final EIR-li-01 ���as presented to the City
Council as the decision-mal:ins bod�� of the lead aaencv and that the Cin� Council has
revie��ed and considered the information contained in Final E1R-li-01 prior to appro��ing
the Project.
V. COA4PLIA\'CE WITH THE CALIFORI�'IA ENVIRONAIEI�'TAL QUALITl' ACT
That the Cirv Council does herebvi certif�� that Final EIR-li-01. the Findinss of Fact and
the Statement of Overridins Considerations (Exhibit "1" to this Resolution�a copy which
is on file with the office of the Cin� Clerk), and the A4itiQation A4onitorins and Reportino
Proaram are prepared in accordance �i�ith the requirements of CEQA (Pub. Resources
Code, §21000 et seq.), the CEQA Guidelines (Califomia Code Re�s. 7itle 1� �1�000 e!
seq.). and the Environmental Re��ieN� Procedures of the Cit�� of Chula Vista.
VI. I?�'DEPE?�TDENT JUDGI�4ENT OF CITY COUI�'CIL
That the Citv Council does hereb}� certify that Final EIR-13-01 reflects the independent
jud�ment and anal}�sis of the Cin�of Chula Vista as lead agencv for the Project.
VII. CEQA FII�TDII�iGS OF FACT, MITIGATION A�ONITORII�'G AND REPORTiI�'G
PROGRAn4 AI`TD STATEMENT OF OVERRIDII`'G COI�'SIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve. accept as its o��n. incorporate as if set
forth in full herein, and mal:e each and ever�� one of the findines contained in
Exhibit "1" to this Resolution, a cop�� of which is on file in the office of the Citv
Clerk.
B. A�itigation Measures Feasible and Adopted
On the basis of the findines set forth in E�hibit "1" to this Resolution and as more
full}� identified and set forth in Final EIR-Li-OL the City Council hereby finds
pursuant to CEQA Section 21081 and CEQA Guidelines Section 1�091 that
chan�es or alterations ha��e been required in, or incorporated into the Project
which a��oid or substantiall�� lessen the sienificant environmental effects identified
in Final EIR-li-01. and that such chanaes and alterations have eliminated or
substantiall�� lessened all sienificant effects on the environment ���here feasible as
sho«�n in the findines set forth in Exhibit `'1" to this Resolution. Furthermore. the
measures to mitieate or avoid significant effects on the em�ironment, consisting of
Resolution No. 2014-232
Page No. 4
those mitigation measures set forth in Final EIR-li-01 and in Exhibit `'1" to this
Resolution; are fully enforceable through permit conditions, agreements or other
measures, including but not limited to conditions of approval of the Project, and
will become binding upon the entit}� (such as the project proponent or the Cit��)
assigned thereb�� to implement the same.
C. Infeasibility of Mitigation Measures
As more fully identified and set forth in Final EIR-13-01 and in the Findings of
Fact for the Project. ���hich is E�hibit "I" to this Resolution, certain mitigation
measures described in said documents are infeasible.
D. Statement oFOverriding Considerations
Even afrer the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant em�ironmental effects
caused by the project, or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15092, the City Council hereby finds and determines that any
remaining sienificant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Eshibit '`1" to this Resolution
are acceptable due to certain overriding considerations. Therefore, the City
Counci] of the City of Chula Vista hereby approves, pursuant ro CEQA
Guidelines Section 15093, a Statement of Overriding Considerations in the form
set forth in Eshibit "1" to this Resolution identifying the specific economic, legal.
social; technological or 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 Final EIR-13-01 and in E�hibit "]" to
this Resolution, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that altematives to the
project, ���hich were identified in Final EIR-13-01, were not found to reduce
impacts to a less than significant level or meet the project objectives.
F. Adoption of Mitieation Monitoring and Reporting Program
As required by Public Resources Code Section 21081 and CEQA Guidelines
Section 1�09L the City Council hereby adopts the program for reporting on or
monitoring the changes ti�hich it has either required in the Project or made a
condition of approval to avoid or substantially lessen sienificant environmental
effects; consisting of the Mitigation Monitoring and Reporting Program set forth
in Final EIR-L.i-Ol. The City Council further finds that the Miti�ation
Monitorine 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 Reportine
Program.
Resolution No. 2014-23?
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VIII. NOTICE OF DETERMIi�'.STIOI�'
The Development Semices Director of the Cin� of Chula Vista is directed to file a Notice
of Determination ���ith the Count� Clerk of the Counrn of San Diego, should Cit�� Council
approve this Project in accordance with CEQA Guidelines section 1�094.
BE IT FURTHER RESOLV"ED THAT the Cit�� Council of the Citv of Chula Vista on the
basis of the findings as set forth above certifies Final EIR-li-01, and adopu the Findings of Fact
and Statement of Overriding Considerations (E�:hibit '`1 ` to this Resolution), and Mitigation
Monitoring and Reporting Program in accordance ���ith CEQA Guidelines Section 1�091.
Presented by Approved as to form bv
/� �
�
I�e v . Brouehton, FASLA C�ilen R. GooQins
Director of Development Sen-ices C�e}
Resolution No. 2014-232
Page No. 6
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California. this 2nd day of December 2014 by the following vote:
AYES: Councilmembers: Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar
Patricia Aguilar, eputy Mayor
ATTEST:
//� �� '-`�.
Donna R. Nonis. CMC, 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. 2014-232 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the ?nd day of December 2014.
Executed this 2nd day of December 2014.
Donna R. Nonis, CMC, rty Clerk