HomeMy WebLinkAboutReso 2018-083RESOLUTION NO. 2018-083
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-17-0001; SCH NO. 2016041080) FOR THE
OTAY RANCH PORTION OF VILLAGE FOUR SECTIONAL
PLANNING AREA PLAN, GENERAL DEVELOPMENT PLAN
AMENDMENT AND TENTATIVE MAP PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Otay Valley Quarry, LLC. (Applicant), submitted applications requesting
approvals for a Sectional Planning Area (SPA) Plan, General Development Plan Amendment
(GDPA) and Tentative Map (TM), for the Portion of Village Four project (Project); and
WHEREAS, a Draft Environmental Impact Report (Draft EIR-17-0001 or Draft EIR) for
the Project was issued for public review on October 23, 2017, 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-17-
0001 or Final EIR) was prepared for the Project; and
WHEREAS, Final EIR-17-0001 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, revisions to Final EIR-17-0001 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, the Chula Vista Planning Commission held a duly noticed public hearing for
Final EIR-17-001 and voted 5-0-2 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-17-001 for the Project pursuant to
CEQA.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it hereby finds, determines, and orders as follows:
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I. PLANNING COMMISSION AND CITY COUNCIL RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project and Final EIR-17-0001 and before the City Council at their
public hearing on the Project and Final EIR-17-0001, as well as the Minutes and
Resolutions resulting therefrom, are hereby incorporated into the record of proceedings
pursuant to Public Resources Code Section 21167.6. These documents, along with any
documents submitted to the Planning Commission and City Council, 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-17-0001 CONTENTS
That Final EIR-17-0001 consists of the following:
1. EIR for the Otay Ranch, Portion of Village Four SPA Plan, GDPA and TM
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-17-0001”)
III. ACCOMPANYING DOCUMENT TO Final EIR-17-0001
1. Findings of Fact and Statement of Overriding Considerations
IV. PRESENTATION TO THE DECISION MAKING BODY
That Final EIR-17-0001 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-17-0001 prior to approving the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the Final EIR-17-0001, 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.
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VI. INDEPENDENT JUDGMENT OF CITY COUNCIL
That it utilized its independent judgment and analysis in reviewing the Final EIR-17-0001
for the City 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
That 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
That 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-17-0001, 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
in Final EIR-17-0001, 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,
that the measures to mitigate or avoid significant effects on the environment,
consisting of those mitigation measures set forth in Final EIR-17-0001 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-17-0001 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
That 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
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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-17-0001 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-17-0001, 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
in Final EIR-17-0001. 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.
G. Findings are Binding and not Merely Advisory
That to the extent that the Findings of Fact and Statement of Overriding
Considerations for the Project (Exhibit “1” of this Resolution) conclude that
proposed mitigation measures outlined in Final EIR-17-0001 are feasible and
have not been modified, superseded or withdrawn, the City Council 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 Council adopts
the Resolution approving the Project. The adopted mitigation measures contained
within the Mitigation Monitoring and Reporting Program Section of Final EIR -
17-0001 are also expressed as conditions of approval for the Project. 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.
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VIII. NOTICE OF DETERMINATION
That 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 the
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-17-0001, 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.
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Presented by Approved as to form by
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of May 2018 by the following vote:
AYES: Councilmembers: Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Aguilar
Mary Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2018-083 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 15th day of May 2018.
Executed this 15th day of May 2018.
Kerry K. Bigelow, MMC, City Clerk
Exhibit 1 - Findings of Fact and Statement of Overriding Considerations
(On file in the Office of the City Clerk)
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