HomeMy WebLinkAboutReso 2004-329
RESOLUTION NO. 2004-329
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE FINAL SECOND TIER
ENVIRONMENTAL IMPACT REPORT (EIR 04-06) FOR THE
VILLAGE SEVEN SECTIONAL PLANNING AREA (SPA)
PLAN AND TENTATIVE MAPS; 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, and Otay Project, LP, submitted an application
requesting approvals for a Sectional Planning Area (SPA) Plan and Tentative Maps (TMs) for
Village Seven ("Project"); and
WHEREAS, a Draft Environmental Impact Report (EIR) 04-06 was issued for public
review on June 14,2004 and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 04-06 on July 28, 2004 to close the public review period; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
the draft EIR 04-06 on September 22,2004 and certified EIR-04-06 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; and
WHEREAS, a Final Environmental Impact Report (FEIR 04-06) was prepared on the
Village Seven Sectional Planning Area (SPA) and Tentative Maps; and
WHEREAS, FEIR 04-06 incorporates, by reference, the prior EIRs that address the
subject property including the Chula Vista General Plan EIR and the Final Otay Ranch General
Development Plan/Sub-Regional Plan (GDP/SRP) Program EIR (90-01), the Village Seven SPA
Plan; the Village Seven Public Facilities Finance Plan as well as their associated Findings of Fact
and Mitigation Monitoring and Reporting Program; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated September 22, 2004, 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outlined in Final EIR 04-06 are feasible and have not been modified, superseded or withdrawn,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 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.
Resolution 2004-329
Page 2
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 04-06 held on July 28, 2004, and September 22, 2004, 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 04-06 CONTENTS
That the FEIR 04-06 consists of the following:
1. Second-Tier EIR for the Village Seven SPA Plan and TMs (including
technical appendices);. and
2. Comments and Responses
3. Errata
(All hereafter collectively referred to as "FEIR 04-06")
Ill. ACCOMPANYING DOCUMENTS TO FEIR 04-06
I. 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 04-06, 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 CITY COUNCIL
That the City Council finds that the FEIR 04-06 reflects the independent judgment of the
City of Chula Vista City Council.
VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
Resolution 2004-329
Page 3
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 all 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 environmental effects
acceptable.
C. Mitigation Measures Feasible and Adopted
As more fully identified and set forth in FEIR 04-06 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 04-06 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 alternatives to
the project, which were identified in FEIR-04-06, 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 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.
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
Resolution 2004-329
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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.).
BE IT FURTHER RESOLVED THAT the City Council of the City ofChula Vista finds
that FEIR-04-06, 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
'[j~~~~\\
Ann Moore '
City Attorney
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Resolution 2004-329
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 12th day of October, 2004, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Salas and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Rindone
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ATTEST:
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Susan Bigelow, MMC, City erk
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. 2004-329 was duly passed, approved, and adopted by the City Council at a
regular meeting ofthe Chula Vista City Council held on the 12th day of October, 2004.
Executed this 12th day of October, 2004.
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Susan Bigelow, MMC, City CI