HomeMy WebLinkAboutReso 2003-131RESOLUTION NO. 2003-131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 02-04) FOR THE
OTAY RANCH PLANNING AREA 12 FREEWAY
COMMERCIAL SECTIONAL PLANNING AREA PLAN AND
CONCEPTUAL TENTATIVE MAP; MAKING CERTAIN
FINDINGS OF FACT; ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS; AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, McMillin Otay Ranch, LLC submitted an application requesting approvals
of a Sectional Planning Area (SPA) Plan and Conceptual Tentative Map for the Otay Ranch
Planning Area 12 Freeway Commercial (Project); and
WHEREAS, a draft Environmental Impact Report (EIR) 02-04 for the Otay Ranch
Planning Area 12 Freeway Commemial SPA and Conceptual Tentative Map was issued for
public review on November 22, 2002 and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
draft EIR 02-04 on January 8, 2003 to dose the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
EIR 02-04 on February 12, 2003 and certified EIR 02-04 and adopted the Findings of Fact;
Statement of Overriding Considerations; and the Mitigation and Monitoring and Reporting
Program. Further, the Planning Commission also recommended that the City Council certify the
document and adopt the Findings of Fact; Statement of Overriding Considerations; and the
Mitigation Monitoring and Reporting Program.
WHEREAS, a Final Environmental Impact Report (EIR 02-04) was prepared on the
Village 12 Freeway Commercial Sectional Planning Area Plan; and
WHEREAS, the Village 12 Freeway Commemial EIR serves as a second-tier EIR to the
Final Otay Ranch GDP/SRP Program EIR (90-01). EIR 02-04 incorporates by reference the City
of Chula Vista General Plan EIR (EIR 88-02), the Final Program EIR for the Otay Ranch
General Development Plan/Sub-regional Plan EIR (EIR 90-01), and the City of Chula Vista
Sphere of Influence Final Program EIR (EIR 94-03); and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated February 14, 2003 (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outlined in Final EIR 02-04 are feasible and have not been modified, superseded or withdrawn,
the City of Chula Vista hereby 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, Exhibit "B" of this resolution, a copy of which is on file in
the office of the City Clerk, are expressed as conditions of approval. Other requiremems are
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Page 2
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 CITY COUNCIL 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 hearings on EIR 02-04 held on January 8, 2003, and February 12, 2003, and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding.
These documents, along with any documents submitted to the decision-makers, including
documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise
the entire record of proceedings for any claims under the California Environmental Quality Act
("CEQA") (Public Resources Code §21000 et seq.).
II. FEIR 02-04 CONTENTS
That the EIR 02-04 consists of the following:
Second Tier EIR for the Village Twelve Freeway Commercial SPA Plan
(including technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 02-04")
III. ACCOMPANYING DOCUMENTS TO FEIR 02-04
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact and Statement of Overriding Considerations
IV.
CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the City Council does hereby find that FEIR 02-04, the Findings of Fact and the
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 Reporting Program
(Exhibit "B" to this resolution, a copy which is on file with the office of the City Clerk) are
prepared in accordance with the requirement 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 City Council finds that the FEIR 02-04 reflects the independent judgment of the
City of Chula Vista Planning Commission.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
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Adoption of Findings of Fact
The City Council 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 the Findings of Fact,
Exhibit "A" of this resolution, a copy of which is on file in the office of the City Clerk.
B. Statement of Overriding Considerations
Even after the adoption of ail feasible mitigation measures and any feasible alternatives,
certain significant or potentially significant environmental effects caused by the project, or
cumulatively, will remain. Therefore, the City Council of the City of Chula Vista hereby issues,
pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the
form set forth in Exhibit "A," a copy of which is on file in the office of the City Clerk,
identifying the specific economic, social and other considerations that render the unavoidable
significant adverse environrazntai effects acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-04 and in the Findings of Fact for this
project, which is Exhibit "A" to this resolution, a copy of which is on file in the office of the City
Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and
CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced
documents are feasible and will become binding upon the entity (such as the project proponent or
the City) assigned thereby to implement the same.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-04 and in the Findings of Fact, Section
XII, for this project, which is Exhibit "A" to this resolution, a copy of which is on file in the
office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091 that aitematives to the project, which were
identified in FEIR 02-04, 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 the Public Resources Code Section 21081.6, the City Council hereby
adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this
resolution, a copy of which is on file in the office of the City Clerk. The City Council 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.
VII. NOTICE OF DETERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after
City Council approval of this project to ensure that a Notice of Determination is filed with the
County Clerk of the County of San Diego. These documents, along with any documents
submitted to the decision-makers, including documents specified in Public Resources Code
Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims
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under the California Environmental Quality Act ("CEQA") (Public Resources Code {}21000 et
seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds
that FEIR 02-04, 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 Reporting Program (Exhibit "B" to this resolution, a copy which is on file with
the office of the City Clerk) have been prepared in accordance with the requirement of CEQA
(Pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14
§15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and
therefore, should be certified.
Presented by
Approved as to form by
Robert A. Leiter
Planning and Building Director
Ann Moore
City Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of April, 2003, by the following vote:
Councilmembers:
Councilmembers: None
Councilmembers: None
ATTEST:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann and Padilla
Susan Bigelow, City Cle'fl~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2003-131 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 1st day of April, 2003.
Executed this 1st day of April, 2003.
Susan Bigelow, City Clerk