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HomeMy WebLinkAboutReso 2005-423 RESOLUTION NO. 2005-423 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 05-01) FOR THE GENERAL PLAN UPDATE AND RELATED ACTIONS; 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, the General Plan Update process was initiated by the City of Chula Vista in April of 2000; and WHEREAS, a Draft EIR 05-01 for the General Plan Update (also referred to herein as the "Project") was issued for public review on December 31, 2004, and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for Draft EIR 05-01 on February 14,2005, to close the public review period; and WHEREAS, a re-circulated Draft EIR 05-01 for the General Plan Update was issued for public review on September 19,2005 and was processed through the State Clearinghouse; and WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for re-circulated Draft EIR 05-01 on November 2, 2005, to close the public review period, and following the close of the public hearing, the public review period ended on November 2, 2005; and WHEREAS, a Final Environmental Impact Report (FEIR 05-01) was prepared on the General Plan Update; and WHEREAS, on December 8, 2005 the Planning Commission Certified EIR-05-01, and recommended that the City Council certify EIR-05-01; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the Project, dated December 2005 (Exhibit "A", a copy of which is on file in the office of the City Clerk), conclude that proposed mitigation measures outlined in Final EIR 05-01 are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself to implement those measures.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", 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 General Plan Resolution No. 2005-423 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista, having reviewed and considered the information in the Final EIR, does hereby certify Final EIR-05-01 and determine, resolve, and order as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on Draft EIR 05-01 held on February 14, 2005, the proceedings and all evidence introduced before the Planning Commission at their public hearing on the re- circulated Draft EIR 05-01 held on November 2, 2005, the minutes and resolutions resulting from the Planning Commission meetings of February 14, 2005, November 2, 2005, and December 8, 2005, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, including all documents specified in Public Resources Code Section 21167.6, subdivision (e (1)_ (II)), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act (CEQA) (Public Resources Code ~21000 et seq.). Pursuant to CEQA Guidelines section 15091(e), the City of Chula Vista specifies the Environmental Review Coordinator of the City and the City Clerk as the custodians of the documents, which constitute the records of proceedings. II. FEIR 05-01 CONTENTS That the FEIR 05-01 consists of the following: 1. Final EIR for the City of Chula Vista General Plan Update (including all technical appendices); and 2. Comments on the Draft EIR and the Lead Agency's Responses to Comments; and 3. Errata (All hereafter collectively referred to as "FEIR 05-01") III. ACCOMPANYING DOCUMENTS TO FEIR 05-01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact and Statement of Overriding Considerations . Resolution No. 2005-423 Page 3 IV. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council does hereby find that FEIR 05-01, the Findings of Fact and the Statement of Overriding Considerations (Exhibit "A'" a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B", 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.), 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 The City Council finds that the FEIR 05-01 reflects the independent judgment and analysis of the City ofChula Vista. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERA TroNS 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 everyone of the findings contained in the Findings of Fact, Exhibit "A", a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 05-01 and in the Findings of Fact for this Project, which is Exhibit "A", 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 and specifically identified 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 and Selected Mitigation Measures As more fully identified and set forth in FEIR 05-01 and in the Findings of Fact, Section XIII, for the Project, which is Exhibit "A", 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-05-01, and selected mitigation measures, are determined to be infeasible based on specific economic, legal, social, technological or other considerations. Section XIII identifies the factual basis for this conclusion, which includes but is not limited to the determination that project alternatives and selected mitigation measures do not reduce impacts to a less than significant level or meet several project objectives. Resolution No. 2005-423 Page 4 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. Therefore, the City Council of the City of Chula Vista hereby issues and approves, 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, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable. 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", 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 City 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 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 (e)(I)-(lI), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act (CEQA) (Public Resources Code 921000 et seq.). BE IT FURTHER RESOLVED that having considered the information contained in the Final EIR, the City Council of the City of Chula Vista certifies EIR-05-01, and finds that the Findings of Fact and Statement of Overriding Considerations (Exhibit "A", a copy which is on file with the office of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B", 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, 921000 et seq.), CEQA Guidelines (California Code Regs. Title 14 915000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and, therefore, should be certified. Resolution No. 2005-423 Page 5 Presented by Approved as to form by: i~. ~<,-\~~\,~)(M\ Ann Moore City Attorney J es D. Sandoval ing and Building Director PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of December, 2005, by the following vote: AYES: Councilmembers: Castaneda, McCann, Rindone, and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ~ -=- >/.w 6.-U~~ 6 Ch ./ Susan Bigelow, MMC, City rk 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. 2005-423 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 December 2005. Executed this 13th day of December 2005. ~)L~ ~~~ Susan Bigelow, MMC, City . rk