HomeMy WebLinkAboutItem 1-A Attachment 4 - CC Reso EIR 13-01 Draftxrrp, C H M �N--� A
RESOLUTION NO. EIR -13 -01
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 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 applications 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 -13 -01 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
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Mitigation Monitoring and Reporting Programs; and the Project SPA Plans, GPA, GDPA and
TM; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Final EIR -13 -01 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 Villages SPA Plans, GPA, GDPA and TMs pursuant to CEQA;
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 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 expressed as conditions of
approval. Other requirements are referenced in the Mitigation Monitoring and Reporting
Program 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 COMMISSION AND CITY COUNCIL RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on Final EIR -13 -01 held on November 19, 2014, and before the City
Council 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,
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 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
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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
IV. PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that Final EIR -13 -01 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 Final EIR -13 -01 prior to approving
the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that Final EIR- 13 -01, the Findings of Fact and
the 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.
VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that Final EIR -13 -01 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 "1" 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 "1" to this Resolution and as more
fully identified and set forth in 'Final EIR- 13 -01, 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
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in Final EIR- 13 -01, 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 "1" 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 -13 -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 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 Final EIR -13 -01 and in the Findings of
Fact for the Project, which is Exhibit "1 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 Council 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 "1" to this Resolution
are acceptable due to certain, overriding considerations. 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 "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 Exhibit "1" 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 Final EIR- 13 -01, 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
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in Final EIR- 13 -01. 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.
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 in accordance with CEQA Guidelines section 15094.
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 Final EIR- 13 -01, and adopts the Findings of Fact
and Statement of Overriding Considerations (Exhibit "1" 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 1 - Findings of Fact and Statement of Overriding Considerations
H:\ PLANNING\ MarniB \CC - Reso- JPBUnivVill- FEIR -11 4 14- FINAL.doc
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