The URL can be used to link to this page

Home My WebLink AboutFSEIR 12-01RESOLUTION NO. FSEIR 12 -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 SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT ( FSEIR 12- 01 /SCH 2003091012) FOR AMENDMENTS TO THE GENERAL PLAN, OTAY RANCH GENERAL DEVELOPMENT PLAN, OTAY RANCH VILLAGES TWO, THREE AND A PORTION OF FOUR SECTIONAL PLANNING AREA PLAN AND APPROVING FOUR TENTATIVE MAPS INCLUDING A DEVELOPMENT AGREEMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Baldwin and Sons, LLC, submitted applications requesting approvals for a General Plan, General Development Plan, Sectional Planning Area (SPA) Plan amendment(s) and four (4) Tentative Maps (TMs), for Otay Ranch Village Two (Project); and WHEREAS, a Draft Supplemental Environmental Impact Report (Draft SEIR 12 -01 or Draft SEIR) for the Project was issued for public review on May 20, 2014, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received on the Draft SEIR and requirements of the California Environmental Quality Act (CEQA), a Final Second Tier EIR (Final SEIR 12 -01 or Final SEIR) was prepared for the Project; and WHEREAS, Final SEIR 12 -01 incorporates all comments and recommendations received on the Draft SEIR, a list of all persons, organizations, and public agencies commenting on the Draft SEIR, 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 SEIR 12 -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 SEIR pursuant to CEQA Guidelines section 15088.5; and WHEREAS, Final SEIR 12 -01 incorporates, by reference, the prior EIRs that address the subject property including the 2006 Final Second Tier EIR (EIR 02 -02), 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 SEIR 12 -01 on October 8, 2014; and Resolution FSEIR 12 -01 Page 12 October 8, 2014 WHEREAS, to the extent that the Findings of Fact and Statement of Overriding Considerations for the Project, dated August 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 SEIR 12 -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 MMRP Section of Final SEIR 12 -01 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 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 FSEIR 12 -01 held on October 8, 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 SEIR 12 -01, shall comprise the entire record of proceedings for any claims under the CEQA (Public Resources Code §21000 et seq.). IL FINAL SEIR 12 -01 CONTENTS That Final SEIR 12 -01 consists of the following: 1. Final Supplemental EIR for the General Plan, Otay Ranch General Development Plan, Villages Two, Three and a Portion of Four SPA Plan Amendment and 4 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 SEIR 12 -01 ") III. ACCOMPANYING DOCUMENT TO FINAL SEIR 12 -01 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 SEIR 12 -01, 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 Resolution FSEIR 12 -01 Pa - e 13 October 8, 2014 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 SEIR 12 -01 reflects the independent judgment and analysis of the City of Chula Vista Planning Commission and that the City of Chula Vista is 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 hereby does not approve, does not accept as its own, does not make each and every one of the findings contained in Exhibit "A" to this Resolution and does not 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 does not approve and does not recommend 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 SEIR 12 -01 and in Exhibit "A" to this Resolution, the Planning Commission hereby does not find pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures set forth in Final SEIR 12 -01 and in Exhibit "A" to this Resolution are feasible. D. Infeasibility of Alternatives As more fully identified and set forth in Final SEIR 12 -01 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, Resolution F'SEIR 12 -0 i Page 14 October 8, 2014 which were identified in Final SEIR 12 -01, were found to reduce impacts to a less than significant level and 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 does not approve and does not recommend for approval by the City Council the Mitigation Monitoring and Reporting Program set forth in Final SEIR 12 -01. 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 not certify Final SEIR 12 -01 and not adopt 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. Presente Kelly Br ton, FASLA Development Services Director Approved as to form by: p -W PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this October 8, 2014, by the following vote, to -wit: AYES: Livag, Fragomeno, Anaya, Gutierrez and Nava NOES: Fuentes ABSENT: ABSTENTIONS: Calvo Yo166 Calvo, Chairperson /z'jA'r& /_ f W /? G A L y Patricia Laughlin, Secretary to Planning Commission Exhibit A - Findings of Fact and Statement of Overriding Considerations