HomeMy WebLinkAboutItem 1-A Attachment 3 - PC Reso EIR 13-01 DraftRESOLUTION NO. EIR -13 -01
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 ENVIRONMENTAL IMPACT REPORT (EIR- 13 -01; SCH NO.
2013071077) FOR THE OTAY RANCH UNIVERSITY VILLAGES
SECTIONAL PLANNING AREA PLANS, GENERAL PLAN
AMENDMENT, GENERAL DEVELOPMENT PLAN AMENDMENT AND
TENTATIVE MAPS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, SSBT LCRE V, LLC, submitted an application requesting approvals for
Sectional Planning Area (SPA) Plans, a General Plan Amendment (GPA), General Development
Plan Amendment (GDPA) and Tentative Maps (TM), for the University Villages, including
Villages 3, 8 East and 10 (Project); and
WHEREAS, a Draft Environmental Impact Report (Draft EIR -13 -01 or Draft EIR) for
the Project was issued for public review on August 5 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 EIR (Final EIR -13-
01 or Final EIR) was prepared for the Project; and
WHEREAS, Final EIR -13 -01 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 -13701 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 -13 -01 incorporates, by reference, the prior EIRs that address the
subject property including the 1993 Otay Ranch General Development Plan and Program EIR
(SCH No. 89010154), Otay Ranch SPA One EIR (SCH No. 94101046), 2005 Chula Vista
General Plan Update /Otay Ranch General Development Plan Amendment and Program EIR
(SCH No. 2004081066), 2006 Otay Ranch-Villages Two, Three, and a Portion of Village Four
SPA Plan and Final Second Tier EIR (SCH No. 2003091012), and 2013 City of Chula Vista
General Plan Amendment/Otay Ranch General Development Plan Amendment and
Supplemental EIR (SCH No.2004081066) as well as their associated Findings of Fact and
Mitigation Monitoring and Reporting Programs; and the Project SPA Plans, GPA, GDPA and
TM; and
—17—
Resolution EIR 13.01
12
November 19, 2014
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final EIR -13 -01 on November 19, 2014; and
WHEREAS, to the extent that the Findings of Fact and Statement of Overriding
Considerations for the Project, dated November 2014 (Exhibit "1" 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 -13 -01 are feasible and have not been modified, superseded or withdrawn,
the City of Chula Vista, contingent upon certification of Final EIR -13 -01 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- 13 -01, 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 -13 -01 held on November 19, 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- 13 -01, shall comprise the entire record of proceedings for any
claims under the CEQA (Public Resources Code §21000 et seq.). The record of
proceedings shall be maintained by the City Clerk at City Hall.
II. FINAL EIR -13 -01 CONTENTS
That Final EIR -13 -01 consists of the following:
1. EIR for the University Villages SPA Plans, GPA, GDPA and TMs
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- 13 -01 ")
III. ACCOMPANYING DOCUMENT TO.FINAL EIR -13 -01
1. Findings of Fact and Statement of Overriding Considerations
—18—
Resolution EIR 13.01
3
November 19, 2014
IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that Final EIR- 13 -01, the Findings of
Fact and Statement of Overriding Considerations (Exhibit "1" 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.
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the Final EIR -13 -01 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 "1" 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 "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.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in Final EIR -13 -01 and in Exhibit "1" 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 -13 -01 and in Exhibit "1" 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.
—19—
Resolution EIR 13.01
14
November 19, 2014
D. Infeasibility of Alternatives
As more fully identified and set forth in Final EIR -13 -01 and in Exhibit "1" 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- 13 -01, 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- 13 -01.
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 -13 -01 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
Development Services Director
Glen R. Googins
City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this November 19, 2014, by the following vote, to -wit:
AYES:
NOES:
ABSENT:
_20_.
Resolution EIR 13.01
1'a(.ye 1s
November 19, 2014
ABSTENTIONS:
Yolanda Calvo
Chairperson
Patricia Laughlin,
Secretary to Planning Commission
Exhibit 1 - Findings of Fact and Statement of Overriding Considerations
—21—