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HomeMy WebLinkAboutPlanning Comm Rpts./1996/04/24 (13) PLANNING COMMISSION AGENDA STATEMENT Item: ~ Meeting Date: April 24, 1996 ITEM TITLE: Report: EIR 95-0 I; consider certifYing the Otay Ranch Sectional Planning Area (SPA) One and Annexation Final Second-Tier Environmental Impact Report (EIR) and Addendum as complying with the California Environmental Quality Act (CEQA), The public hearing on the Draft SPA One EIR held on November 15, 1995 was continued to March 27, 1996 in order for new information to be added to the Draft EIR That new information was added and portions of the Draft EIR containing the new information recirculated for public comment. The public hearing and review period was continued to March 28 for additional testimony and comments, On March 28, 1996 the Planning Commission closed the public hearing and review period and directed staff to prepare the Final EIR with Response to Comments, Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations, EIR COMMENTS and RESPONSES: Comments on the Draft ErR focus on biological resources and traffic circulation, Adequate responses are provided for all comments, Responses to these comments are included in the Response to Comment Section of the Final ErR RECOMMENDATION: It is recommended that the Planning Commission adopt Planning Commission Resolution EIR 95-01 certifYing that the Otay Ranch SPA One and Annexation Final Second-Tier EIR 95-01 and Addendum including Response to Comments, Mitigation Monitoring Program, Findings of Fact and Statement of Overriding Considerations complies with CEQA Boards/Commissions Recommendations: The Resource Conservation Commission (RCC) met on March 11, 1996 to review the recirculated portions of the Draft Second-Tier EIR The RCC voted to continue their review of the recirculated Draft EIR until March 25, 1996, At the March 25 meeting, the RCC recommended certification of the EIR pcsrfeir,doc Aprill7,1996 Page 2, Item: -L Meeting Date :AvriI24. 1996 DISCUSSION: A. Background The Draft EIR evaluates environmental impacts of SPA One, Villages One and Five of the Otay Ranch, seven minor amendments to the Otay Ranch General Development Plan (GDP) and annexation of Planning Areas One and Three of the 1995 Sphere ofInfluence Update Study and the Mary Patrick Estate to the City, In addition, the Addendum to the Draft EIR analyzed the impacts of the Otay Landfill changing jurisdiction trom the City of Chula Vista to the County of San Diego, The Draft EIR is a second-tier document that incorporates, by reference, the GDP EIR and Sphere of Influence (SOl) EIR to focus the analysis on impacts that have not been previously analyzed on a site-specific level. The analysis in the Draft EIR is based on the worst case scenario for each topic contained within the report, During the public review of the September 25 Draft EIR, new information became available concerning three of the sections of the Draft EIR: biological resources, traffic circulation and landform alteration, The Draft ElR public hearing was continued to a future date in order to prepare revised sections of the EIR incorporating the new information, The revised portions were completed and filed with the State Clearing House on February 9, 1996 which initiated the 45-day review period, The State Clearing House public review period concluded on March 25, 1996 and the City's review period on March 28, 1996, Staff received eleven comment letters on the recirculated portions of the ErR, mostly from the project applicant and public agencies, At the March 27 meeting, the Planning Commission took public testimony on the original Draft and recirculated portions of the EIR. Only the project applicant and a representative from the Otay Water District (OWD) testified at the March 27 hearing, The project applicant and their biologist provided additional testimony on the effects of noise on gnatcatcher habitat and grassland bird habitat issues, The OWD comments dealt with correctly identifying OWD as the water purveyor for SPA One, No one testified at the March 28 hearing, The Commission closed the public review period and directed staff to prepare response to all comments received. Written comments were received trom: County of San Diego U.S, Fish and Wildlife Service CaITrans LAFCO The Baldwin Company Otay Water District California Department ofFish and Game San Diego Gas and Electric Sweetwater Union High School District Chula Vista Elementary School District Responses to all of these comments have been prepared and are included in the Final EIR for the Planning Commission's review, If the Commission determines the responses are adequate, they should certify the Final ElR as complying with CEQA. pcsrfeirdoc April 17, 1996 Page 3, Item: -L Meeting Date :ADril 24. 1996 As indicated in the November 1995 staff reports, the firm of CottonlBelandl Associates was selected through the competitive bid process to prepare the SPA One EIR On January 30, 1995, the City, the project applicant and CottonlBeland entered into a three party agreement for the preparation of the EIR CottonIBeland has continued as the City consultant in the preparation the Draft and Final EIR B. Analysis Project level and cumulative impacts were identified and divided into three categories: significant and unmitigable, significant but mitigable to a less-than-siginficant level and less than significant. The significant and unmitigated project and cumulative impacts require a Statement of Overriding Consideration in order to approve the project. This statement reflects the Statement of Overriding Considerations adopted for the GDP Program EIR to ensure consistency in the environmental review process, The impacts by category are: 1. Significant and unmitigable project level environmental impacts Land Use, Planning and Zoning The conversion of existing vacant and agricultural land to urban use is considered a significant unavoidable impact, The GDP EIR identified this impact, as did the Findings and Statement of Overriding Considerations, Mitigation measures ensure proper planning and development review. Land use impacts can be minimized if all site-specific development is reviewed for compliance with the SPA One Plan, Impacts remain significant, however, due to conversion ofland uses, Landform Alterations/Aesthetics The Draft EIR identified impacts to steep slopes on-site in Villages One and Five, Due to the neo-traditional, pedestrian orientation of the village concept, it is not feasible to avoid all steep slopes on site, The total development of the Otay Ranch will, however, achieve the performance standard identified in the GDP (i,e" preserve at least 83% of steep slopes) impact on a Ranch-wide basis. Mitigation measures have been incorporated into the project design to the extent feasible, Scenic corridors have been planned along Telegraph Canyon Road and Orange Avenue, Landscaping and sensitive grading design guidelines have been included in the project design, The mitigation measures also include a table to track steep slope preservation throughout the development of the Otay Ranch. Biological Resources With the implementation of the Otay Ranch Phase 2 Resource Management Plan, impacts to biological resources will be mitigated to a less than significant level with the exception of direct impacts to coastal California gnatcatcher, cactus wren, and Otay tarplant. Direct impacts to these species will remain significant and unavoidable, The proposed annexation will result in significant unavoidable impacts to biological resources as perviously identified in the Program EIR 90-0 I, pcsrfeir, doc April 17, 1996 Page 4, Item: -L Meeting Date :Avril 24, 1996 Cultural Resources As stated in the GDP Program EIR, impacts related to the annexation of the Otay Ranch remain unavoidable at this level of analysis, These impacts may be mitigated to a less than significant level at the SPA level of analysis, as is the SPA One, but have to remain identified as significant until the mitigation measures are implemented, Agricultural Resources The impacts to agricultural resources, as a result of future development within the annexation component of the project, will remain significant and unavoidable as previously identified in the Program EIR 90-01. Transportation, Circulation and Access The Draft EIR traffic studies were based on the direction of the Transportation Technical Subcommittee regarding the assumptions, methodology and scope of analysis, The Technical Subcommittee was made up of representatives from the Otay Ranch Project Team, SANDAG, Caltrans, California Transportation Ventures, MTDB, San Diego County, Urban Systems, the project applicant, CottenlBeland and BRW, Four networks were tested in three time trames for the years 2000, 2005 and 2010, The study was performed to analyze the impacts of SPA One and mitigation measures necessary to maintain acceptable peak hour traffic conditions, The study analyzed a number of street segments and intersections to determine the level of service (LOS) of those facilities at SPA build out in the year 2010. In addition, an analysis was performed to determine what the project impact was to those locations. The analysis determined whether the project had a significant impact or not by using a project contribution factor of 800 trips per day, 5% of the total buildout volume and whether a reduction in LOS occurred compared to the No Project Alternative, The only significant and unmitigated impacts associated with buildout of the project are on the freeway system, The Draft EIR recommended that the project applicant participate in treeway deficiency planning by SANDAG and CaITrans to implement treeway improvements and fund those improvements on a fair share basis, Air Quality Because the Otay Ranch GDP was not included in the SANDAG Series VII growth forecast, the GDP, including SPA One, exceeds the current Regional Air Quality Standards (RAQS) , The GDP Findings of Fact (FOF) anticipated this and Overriding Considerations were adopted, RAQS mitigation measures were required as conditions of approvaL The significant impact occurs from an increase in emissions. The pedestrian orientation of the village concept will help reduce project emissions, although not to a less-than-significant level. Noise There are no noise impacts on humans associated with the project that cannot be mitigated to a level below significant The GDP Findings of Fact established a 60 dBA Leq level of pesrfeir. doe April I?, 1996 Page 5, Item: -L Meeting Date :ApriI24, 1996 significance for Gnatcatcher habitat. Noise impact on areas containing Gnatcatcher located along Paseo Ranchero and East Orange Avenue cannot be mitigated below the GDP Findings of Fact level even with the change in standard to 65 decibel. Mitigation measures to reduce the noise impacts are infeasible and the impact remains significant. A Statement of Overriding Considerations is attached for the Planning Commissions' approvaL 2, Significant and mitigable project level environmental impacts Impacts in the following categories for SPA One can be mitigated to a level below significance with the implementation of mitigation measures Cumulative impacts remain significant. Geology and Soils Paleontological Resources Water Resources and Water Quality Public Services and Utilities Water, Sewer, Schools, Integrated Waste Management HazardslRisk of Upset Mitigation measures are attached to this agenda statement for the Planning Commissions' approvaL 3. Less than significant project level environmental impacts Impacts in the following categories were determined to be less than significant: Population and Housing Public Services and Utilities Parks, Law Enforcement, Fire ProtectionlEMS, Animal Control, Civic Services and Library 4. Significant and Unmitigable Cumulative Environmental Impacts The GDP EIR provides a comprehensive examination of build out of the Otay Ranch GDP and other major projects in southern San Diego County, These projects will convert over 30,000 acres from vacant and agricultural uses to urban development with landform alterations from vacant to urban uses, Biological, cultural and paleontological resources will be lost and an increase population will be exposed to potential hazards, When considered in conjunction with other development projects in southern San Diego County, the following are considered significant and unmitigable cumulative environmental impacts: Land Use, Planning and Zoning pcsrfeir. doc April 17, 1996 Page 6, Item: -L Meeting Date :Avril 24. 1996 Landform Alterations/Aesthetics Biological Resources Cultural Resources Agricultural Resources Transportation, Circulation and Access Air Quality Noise These impacts are included in the Statement of Overriding Considerations, 5. Mitigable or Less Than Significant Cumulative Environmental Impacts The following impacts can be mitigated or will have less than significant cumulative environmental impact: Geology and Soils Paleontological Resources Housing and Population Water Resources and Water Quality Public Services and Utilities Hazards/Risk of Upset C. Public Comments Public comments received were distributed at the Planning Commission meeting of March 27, 1996. All the comments received on the original September 25 Draft EIR and the recirculated portions, both written and oral, are included in the 'Response to Comments" section of the Final EIR. Attachments 1. Resolutions 2, Final E1R pcsrfeir. doc April 17, 1996 RESOLUTIONEIR 95-01 RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE CITY OF CHULA VISTA CERTIFYING TIIE FINAL SECOND- TIER ENVIRONMENTAL IMPACT REPORT AND ADDENDUM (FEIR 95-01) FOR TIIE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MAKING CERTAIN FINDINGS OF FACT PURSUANT TO TIIE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND RECOMMENDING CERTIFICATION TO TIIE CITY COUNCIL WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare an environmental impact report for the Otay Ranch SPA One Plan and selected the finn of CottonlBelandl Associates out of nine candidate finns to prepare the Environmental Impact Report (EIR), On January 30, 1995, the City, CottonIBelandlAssociates and the Otay Ranch L.P, entered into a three party contract where the City managed the preparation of the EIR, CottonlBelandl Associates prepared the EIR, and the Otay Ranch L.P, reimbursed the City for the full cost of EIR preparation, and; WHEREAS, the firm of CottonlBelandlAssociates prepared a Draft Second-tier Environmental Impact Report (DEIR 95-01), a Recirculated Second-tier Draft EIR and Addendum on the Otay Ranch SPA One Plan, Annexation of Planning Areas I, 3 and the Ranch House, General Development Plan Amendments, PC Zone Changes and Prezoning, ("Project") and; WHEREAS, this Second-tier EIR, the Recirculated EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere ofInfluence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs, Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, the Chula Vista Planning Commission held duly noticed public hearings on November 8, 1995 and November 15, 1995, in the Council Chambers, 276 Fourth Avenue, These hearings were continued by a motion of the Planning Commission to March 27, 1996 and March 28, 1996, at which time the Planning Commission took public testimony on the adequacy of the infonnation in the DEIR 95-01, the Recirculated DEIR and Addendum. The Planning Commission closed the public hearing and directed that the Final Environmental Impact Report be prepared including the responses to the comments received on the DEIR, the Recirculated Draft EIR and Addendum, Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and; Planning Commission SPA One EIR Resolution Page 2 WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation measures outlined in the Final EIR and Addendum 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 informational 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 are express 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 PLANNING COMMISSION of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. FEIR CONTENTS That the FEIR consists of the following: A Final Environmental Impact Report 95-01, and Recirculated sections B, The Addendum for the Detachment ofthe Otay Landfill C. Appendices I-IV to the Final Environmental Impact Report D. Technical studies E. Information incorporated in the responses to comments F. Additionally, this FEIR and Addendum was prepared in concert with two prior Program EIRs: the Otay Ranch GDP/SRP EIR 90-01 and the Sphere of Influence Update EIR 94-03 as well as their attendant documents. II. FEIR REVIEWED AND CONSIDERED That the Planning Commission of the City of Chula Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendum and the environmental impacts therein identified for this Project, the Findings of Fact (Attachment "A" to this Resolution) and the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program (Attachment "B" to this Resolution) and the Statement of Overriding Considerations (Attachment "c" to this Resolution) prior to approving the Project, Copies of said attachments are on file in the Planning Department office, C:\EIR95 Ol.DOC Planning Commission SP A One EIR Resolution Page 3 IlL CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Planning Commission does hereby find that FEIR 95-01 and Addendum, the Findings of Fact (Attaclunent "A" to this Resolution), the Mitigation Monitoring and Reporting Program (Attaclunent "B" to this Resolution) and the Statement of Overriding Considerations (Attaclunent "c" to this Resolution) are prepared in accordance with the requirements of CEQA, (pub. Resources Code, g21000 et seq.) the CEQA Guidelines (California Code Regs. title 14, g 15000 et seq,), and the Environmental Review Procedures of the City ofChula Vista, IV. INDEPENDENT JUDGMENT OF PLANNING COMMISSION That the Planning Commission finds that the FEIR 95-01 and Addendum reflects the independent judgment of the City of Chula Vista Planning Commission and the City of Chula Vista staff V CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Planning Commission does hereby approve, accept 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, Attaclunent "A" of this Resolution, B, Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attaclunent "A" to this Resolution, the Planning Commission 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 same, C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attaclunent "A" to this Resolution, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible, C:\EJR95 Ol.DOC Planning Commission SP A One EIR Resolution Page 4 D, Infeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution, the Planning Commission hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified as potentially feasible in FEIR 95-01 and Addendum, were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, Planning Commission hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "B" of this Resolution, a copy of which is on file in the office of the City Clerk The Planning Commission hereby finds that the Program is designed to ensure that, during project implementation, the pennitteelproject applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures identified in the Findings of Fact and the Program, F. Statement of Overriding Consideration Even after the adoption of all feasible mitigation measures and any feasible alternatives, certain significant or potentially significant envirorunental effects caused by the project, or cumulatively, will remain, Therefore, the Planning Commission recommends that the City Council of the City of Chula Vista hereby issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the fonn set forth in Attachment "C", identifYing the specific economic, social and other considerations that render the unavoidable significant adverse envirorunental effects acceptable C:\EIR95_0 1. DOC Pianning Commission SP A One EIR Resolution Page 5 BE IT FURTIIER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council certifY Final EIR 95-01 and Addendum, PASSED AND APPROVED BY TIIE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this April 24, 1996 by the following vote, to wit AYES: NOES: ABSENT ATTEST William C. Tuchscher II Chairman Nancy Ripley, Secretary Attachments: Attachment A: Findings of Fact Attachment B: Mitigation Monitoring and Reporting Program Attachment C: Statement of Overriding Considerations Draft City Council Resolution C:\EIR95 _ 0 1 DOC RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL SECOND-TIER ENVIRONMENTAL IMPACT REPORT (FEIR 95-01) AND ADDENDUM FOR THE OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE PLAN MAKING CERTAIN FINDINGS OF FACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, the City of Chula Vista ("City") circulated a request for proposals to prepare an environmental impact report for the Otay Ranch SPA One Plan and selected the firm of Cotton/Belandl Associates out of nine candidate firms to prepare the Environmental Impact Report (EIR), On January 30, 1995, the City, Cotton/BelandlAssociates and the Otay Ranch LP, entered into a three party contract where the City managed the preparation of the EIR, Cotton/Belandl Associates prepared the EIR and the Otay Ranch LP, reimbursed the City for the full cost ofEIR preparation, and; WHEREAS, the firm of Cotton/Belandl Associates has prepared a Draft Second-tier Environmental Impact Report (DEIR 95-01), a Recirculated Second-tier Draft EIR and an Addendum on the Otay Ranch SPA One Plan, Annexation of Planning Areas I, 3 and the Ranch House, General Development Plan Amendments, PC Zone Changes and Prezoning, and; WHEREAS, this Second-tier ErR, the Recirculated Second-tier Draft EIR and Addendum incorporates, by reference, two prior EIRs: the Otay Ranch General Development Plan/Subregional Plan (GDP/SRP) EIR 90-01 and the Chula Vista Sphere of Influence Update EIR 94-03 as well as their associated Findings of Fact and Mitigation Monitoring and Reporting Programs. Program EIR 90-01 was certified by the Chula Vista City Council and San Diego County Board of Supervisors on October 28, 1993, and the Sphere of Influence Update EIR 94-03 was certified by the Chula Vista City Council on March 21, 1995, and; WHEREAS, the Chula Vista Planning Commission held duly noticed public hearings on November 8, 1995 and November 15, 1995 in the Council Chambers, 276 Fourth Avenue. These hearings were continued by a motion of the Planning Commission to March 27, 1996 and March 28,1996, at which time the Planning Commission took public testimony on the adequacy of the information in the DEIR 95-01, the Recirculated DEIR and Addendum, The Planning Commission closed the public hearing and directed that the Final Environmental Impact Report be prepared including the responses to the comments received on the DEIR, the Recirculated DEIR and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations and; WHEREAS, to the extent that these Findings of Fact conclude that proposed mitigation measures outlined in the Final EIR and Addendum 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 informational 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 are express conditions of approval. Other requirements are referenced in the Mitigation Resolution No, Page 2 Monitoring and Reporting Program adopted concurrently with these Findings and will be effectuated through the process of implementing the project NOW, THEREFORE, BE IT RESOLVED mAT THE CITY COUNCIL of the City of Chula Vista does hereby fmd, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearings on the Draft ErR, the Recirculated EIR and Addendum held on November 8, 1995, November 15, 1995, March 27, 1996 and March 28, 1996, their public hearings held on this Project on November 15, 1995, March 27, 1996, April 10, 1996 and April 24, 1996 and the minutes and resolutions resulting thererrom, 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 Califomia Environmental Quality Act ("CEQA") (Pub, Resources Code 921000 et seq).. II. FEIR CONTENTS That the FEIR consists of the following: A Final Environmental Impact Report 95.01, including the Recirculated sections B. The Addendum for the Detachment for the Otay Landfill C. Appendices I-IV to the Final Environmental Impact Report D, Technical studies E. Information incorporated in the responses to comments F. Additionally, this FEIR and Addendum was prepared in concert with two prior Program EIRs: the Otay Ranch GDP/SRP EIR 90-01 and the Sphere of Influence Update EIR 94- 03 as well as their attendant documents, ill FEIR REVIEWED AND CONSIDERED That the City Council of the City of ChuJa Vista has reviewed, analyzed and considered the FEIR 95-01 and Addendum and the environmental impacts therein identified for this Project, the Findings of Fact, Attachment "A" to this Resolution known as document number ~ and the proposed mitigation measures contained therein, the Mitigation Monitoring and Reporting Program, Attachment "B" to this Resolution known as document number ~ and the Statement of C:\EIR95_0JDOC Resolution No, Page 3 Overriding Considerations, Attachment "c" to this Resolution known as document number ~ prior to approving the Project, Copies of said attachments are on file in the office of the City Clerk. IV CERTIFICATION OF COMPLIANCE WITII CEQA That the City Council does hereby find that FEIR 95-01 and Addendum, the Findings of Fact, the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations are prepa:-ed in accordance with the requirements of the CEQA, the CEQA Guidelines (Califomia Code Regs" title 14, 915000 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 95-01 and Addendum reflects the independent judgment of the City of Chula Vista City Council, VI, CEQA FINDINGS OF FACT, MITIGATION MONITORING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The City Council does hereby approve, accept 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, Attachment "A" of this Resolution known as document number --' a copy of which is on file in the office of the City Clerk. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number --' 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, C. Infeasibility of Mitigation Measures As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact for this project, which is Attachment "A" to this Resolution known as document number --' a copy of which is on file in the office of the City Clerk, the mitigation measure regarding habitat noise mitigation described in the above referenced documents is infeasible, C:\EJR95 _ OI.DOC Resolution No, Page 4 0, Infeasibility of Alternatives As more fully identified and set forth in FEIR 95-01 and Addendum and in the Findings of Fact, Section XI, for this project, which is Attachment "A" to this Resolution known as docwnent nwnber ~ 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 as potentially feasible in FEIR 95-0 I and Addendwn were found not to be feasible. E. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081. 6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Attachment "B" of this Resolution known as docwnent nwnber ~ a copy of which is on file in the office of the City Clerk The City Council hereby 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 feasible mitigation measures identified in the Findings of Fact and the Program. F. Statement of Overriding Consideration 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 cwnulatively, 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 Attachment "C", known as docwnent nwnber ~ 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, 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 filed with the County Clerk of the County of San Diego. These docwnents, along with any documents submitted to the decision- makers, including docwnents specified in Public Resources Code Section 21167,6, subdivision(s), shall comprise the entire record of proceedings for any claims under the Califomia Environmental Quality Act ("CEQA") (Pub, Resources Code ~21000 et seq,). C:\EIR95_Ol,DOC Resolution No, Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this May 14,1996, by the following vote: YEs: NOES: ABSENT: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss, CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certifY that the foregoing Resolution No, _ was duly passed, approved, and adopted by the City Council at a City Council meeting held on the 14th day of May, 1996, Executed this 14th day of May, 1996, Beverly A. Authelet, City Clerk Attachments: Attachment A: Findings of Fact Attachment B: Mitigation Monitoring and Reporting Program Attachment C: Statement of Overriding Considerations C:\EIR95_0I.DOC