HomeMy WebLinkAboutReso 2018-221RESOLUTION NO. 2018-221
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR-14-001/SCH
2014121097); MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM FOR
AMENDMENTS TO THE OTAY RANCH GENERAL
DEVELOPMENT PLAN AND ADOPTION OF THE
UNIVERSITY INNOVATION DISTRICT SECTIONAL
PLANNING AREA PLAN INCLUDING PLANNED
COMMUNITY DISTRICT REGULATIONS (CHAPTER 3 –
DEVELOPMENT CODE) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Chula Vista is processing applications requesting approval of the
University and Innovation District Sectional Planning Area (SPA) plan (Project); and approval of
Otay Ranch General Development Plan Amendments; and
WHEREAS, a Notice of Preparation for Final Environmental Impact Report (FEIR-14-
001) was circulated on December 19, 2014, pursuant to California Environmental Quality act
(CEQA) Guidelines Section 15082; and
WHEREAS, an Environmental Impact Report (EIR) scoping meeting was held on
January 7, 2015; and
WHEREAS, a Draft EIR (Draft EIR or DEIR 14-001) for the project was issued for a 45-
day public review period on February 26, 2018, and was processed through the State
Clearinghouse; and
WHEREAS, in consideration of the comments received on the Draft EIR and
requirements of the CEQA, FEIR-14-001 was prepared for the Project; and
WHEREAS, FEIR 14-001 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 FEIR 14-001 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
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WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
FEIR 14-001 and voted 5-0-0 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 FEIR 14-001 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:
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 FEIR 14-001 and before the City Council at their public
hearing on the Project and FEIR 14-001, 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. FEIR-14-001 CONTENTS
That FEIR-14-001 consists of the following:
1. EIR for the Project
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 14-001” or “FEIR 14-001”)
III. ACCOMPANYING DOCUMENT TO FEIR 14-001
1. Findings of Fact and Statement of Overriding Considerations
IV. PRESENTATION TO THE DECISION MAKING BODY
That FEIR 14-001 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 FEIR 14-001 prior to approving the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the FEIR 14-001, 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 the 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 the City Council utilized its independent judgment and analysis in reviewing FEIR
14-001 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 FEIR 14-001, 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 FEIR 14-001, 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 FEIR 14-001 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 FEIR 14-001 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
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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 FEIR 14-001 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 FEIR 14-001, 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 FEIR 14-001. 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 FEIR 14-001 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 FEIR 14-001 are also
expressed as conditions of approval for the Project. Other requirements are
referenced in the Mitigation Monitoring and Reporting Program th at 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 FEIR 14-001, 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 13th day of November 2018 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas 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. 2018-221 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of November 2018.
Executed this 13th day of November 2018.
Kerry K. Bigelow, MMC, City Clerk
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