HomeMy WebLinkAboutItem 6.1 - Enclosure A - PC-Reso-FEIR
RESOLUTION NO. EIR-20-0002
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 ENVIRONMENTAL IMPACT REPORT (EIR-20-0002; SCH NO.
2020110148) FOR THE SUNBOW II, PHASE 3 SECTIONAL PLANNING
AREA PLAN, SUNBOW II GENERAL DEVELOPMENT PLAN
AMENDMENT AND TENTATIVE MAP PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, ACI Sunbow, LLC (the “Applicant”), submitted an application requesting
approvals for a Sectional Planning Area (SPA) Plan, General Development Plan Amendment
(GDPA) and Tentative Map (TM), for the Sunbow II, Phase 3 project (Project); and
WHEREAS, a Draft Environmental Impact Report (Draft EIR-20-0002 or Draft EIR) for
the Project was issued for public review on March 15, 2021, 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-20-0002 or Final
EIR) was prepared for the Project; and
WHEREAS, Final EIR-20-0002 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-20-0002 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
the Project including the Final EIR-20-0002; and
WHEREAS, to the extent that the Findings of Fact and Statement of Overriding
Considerations for the Project (Exhibit “1” 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-20-
0002 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista,
contingent upon certification of Final EIR-20-0002 by the City Council, 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, which is a section of Final
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July 14, 2021
EIR-20-0002, are also expressed as conditions of approval for the Project. 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 PLANNING COMMISSION of
the City of Chula Vista does hereby find, determine and order as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project including EIR-20-0002, 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 Final EIR-
20-0002, 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-20-0002 CONTENTS
That Final EIR-20-0002 consists of the following:
1. EIR for the Sunbow II, Phase 3 SPA Plan, Sunbow II 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-20-0002”)
III. ACCOMPANYING DOCUMENT TO FINAL EIR-20-0002
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 EIR-20-0002, the Findings of
Fact and 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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July 14, 2021
V. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
That the Planning Commission finds that the Final EIR-20-0002 reflects the independent
judgment and analysis of the City of Chula Vista as 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
That the City Council 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
On the basis of the findings set forth in Exhibit “1” of the City Council EIR
Resolution and as more fully identified and set forth in Final EIR-20-002, the
Planning Commission hereby recommends that the City Council find 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 -
20-0002, 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, the measures to
mitigate or avoid significant effects on the environment, consisting of those
mitigation measures set forth in Final EIR-20-0002 and in Exhibit “1” of the City
Council EIR 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-20-0002 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
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 Planning Commission hereby recommends that the
City Council find and determine that any remaining significant effects on the
environment which have been found to be unavoidable as shown in the findings set
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July 14, 2021
forth in Exhibit “1” to this Resolution are acceptable due to certain overriding
considerations. Therefore, the Planning Commission hereby recommends that the
City Council approve, 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-20-0002 and in Exhibit “1” to
this Resolution, the Planning Commission hereby recommends that the City
Council find, pursuant to Public Resources Code Section 21081 and CEQA
Guidelines Section 15091, that alternatives to the Project, which were identified in
Final EIR-20-0002, 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 Planning Commission hereby recommends that the City Council
adopt 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-20-0002. The Planning Commission
hereby further recommends that the City Council find 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.
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 certify Final
EIR-20-0002 upon making the required findings pursuant to CEQA Guidelines Section 15090 and
adopting the Findings of Fact and Statement of Overriding Considerations and the Mitigation
Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15091.
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July 14, 2021
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this _____ day of ____________ 2021, by the following vote,
to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Gabe Gutierrez, Chair
ATTEST:
____________________________
Patricia Salvacion, Secretary
Presented by: Approved as to form by:
_________________________ _____________________
Tiffany Allen Glen R. Googins
Director of Development Services City Attorney