HomeMy WebLinkAboutReso 2003-142RESOLUTION NO. 2003-142
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (EIR 02-05) FOR THE
BELLA LAGO PRECISE PLAN, REZONE, AND TENTATIVE
SUBDMSION MAP; MAKING CERTAIN FINDINGS OF
FACT; AND ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, Bella Lago LLC, submitted an application requesting approvals of a rezone,
precise plan and tentative subdivision map for the Bella Lago subdivision (Project); and
WHEREAS, a Draft Environmental Impact Report (EIR) 02-05 for the project was issued
for public review on December 30, 2002 and was processed through the State Clearinghouse;
and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 02-05 on February 12, 2003 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
EIR 02-05 on March 12, 2003 and certified EIR 02-05 and adopted the Findings of Fact; 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; and the
Mitigation Monitoring and Reporting Program.
WHEREAS, a Final Environmental Impact Report EIR 02-05 was prepared for the Bella
Lago precise plan and tentative map; and
WHEREAS, to the extent that the Findings of Fact for the Project, dated March 3, 2003
(Exhibit "A" of this resolution.), conclude that proposed mitigation measures outlined in Final
EIR 02-05 are feasible and have not been modified, superseded or withdrawn, the City of Chula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, are expressed as conditions of approval. Other
requirements are 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 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 Draft EIR 02-05 held on February 12, 2003 and March 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,
Resolution 2003-142
Page 2
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 CCEQA'') (Public Resources Code §21000 et seq.).
II. Final EIR 02-05 CONTENTS
That the final EIR 02-05 consists of the following:
1. Project EIR for the Bella Lago precise plan, msone, and tentative
subdivision map (including technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 02-05")
III. ACCOMPANYING DOCUMENTS TO FEIR 02-05
1. Mitigation Monitoring and Reporting Program; and
2. Findings of Fact
IV.
CERTIFICATION OF COMPIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT
That the Planning Commission does hereby find that FEIR 02-05, and the Findings of
Fact (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 California Environmental Quality Act (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 CITY COUNCIL
That the City Council finds that the FEIR 02-05 reflects the independent judgment of the
City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING
PROGRAM
A. 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 ~e in the office of
the City Clerk.
B. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 02-05 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
Resolution 2003-142
Page 3
office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code
Section 21081 and California Environmental Quality Act (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.
C. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 02-05 and in the Findings of Fact,
Section XII, for this project, which is Exhibit'ct'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 alternatives to
the project, which were identified in FEIR 02-05, were not found to reduce impacts to a
less than significant level or meet the project objectives.
D. 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'~l'of
this resolution, a copy of which is on file in the office of the City Clerk. The 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
under the California Environmental Quality Act (EEOC) (Public Resources Code §21000 et
seq.).
BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds
that FEIR 02-05, and the Findings of Fact (Exhibit'Ct'to this resolution, a copy which is on file
with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program
(Exhibit'S'to this resolution, a copy which is on ~e 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 cert'rfied.
Resolution 2003-142
Page 4
Presented by
Approved as to form by
Robert A Leiter
Planning and Building Director
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of April, 2003, by the following vote:
ATI'EST:
Councilmembers:
Councilmembers:
Councilmembers:
AYES:
NAYS:
ABSENT:
Davis, Rindone, Salas, McCann and Padilla
None
None
'Stephen Pa"dilla, Mayor
Susan Bigelow, City Clerk
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. 2003-142 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 8th day of April, 2003.
Executed this 8th day of April, 2003.
Susan Bigelow, City Clerk