HomeMy WebLinkAboutReso 2009-223RESOLUTION NO. 2009-223
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS; ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AND
CERTIFYING THE FINAL SECOND TIER ENVIRONMENTAL
IMPACT REPORT (EIR 07-01) FOR THE OTAY RANCH
EASTERN URBAN CENTER SECTIONAL PLANNING AREA
PLAN AND TENTATIVE MAP PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, McMillin Otay Ranch LLC submitted applications requesting approvals for
a Sectional Planning Area (SPA) Plan and Tentative Map (TM) for the Eastern Urban Center
(EUC) (Project); and
WHEREAS, a draft Second Tier EIR 07-01 was issued for public review on July 22,
2009, and was processed through the State Clearinghouse; and
WHEREAS, the Chula Vista Planning Commission held a duly noticed public hearing for
Draft EIR 07-01 on July 8, 2009, to close the public review period; and
WHEREAS, in consideration of the comments received on the Draft EIR and
requirements of CEQA, a final Second Tier EIR (Final EIR 07-01) was prepared for the Project
SPA and TM; and
WHEREAS, final EIR 07-01 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, additional corrections to the Final EIR 07-01 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 Draft EIR 07-01 on August 26, 2009, and recommended 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 Second Tier Environmental Impact Report (EIR 07-
O1)for the Otay Ranch EUC SPA Plan and TM pursuant to CEQA; and
Resolution No. 2009-223
Page 2
WHEREAS, FEIR 07-01 incorporates, by reference, the prior EIRs that address the
subject property including the Chula Vista General Plan EIR (EIR OS-O1) and the Final Otay
Ranch GDP/SRP Program EIR (EIR 90-01); the Project SPA Plan including the Planned
Community District Regulations/Design Plan, Project Public Facilities Finance Plan, Affordable
Housing Program, Sustainability Element and Pazks Master Plan, as well as their associated
Findings of Fact and a MMRP; and
WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding
Considerations for the Project, dated September 2009 (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 07-01 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 MMRP Section of
EIR 07-01, aze expressed as conditions of approval. Other requirements are referenced in the
MMRP that aze adopted concun•ently 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 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 Draft EIR 07-01 held on July 8, 2009 and August 26, 2009, 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 documents submitted to the decision-makers, including documents
specified in Public Resources Code Section 21167.6, subdivision (e), shall comprise the
entire record of proceedings for any claims under the California Environmental Quality
Act, Public Resources Code §21000 et seq. (CEQA). The record of said proceedings,
shall be maintained by the Office of the City Clerk.
II. FEIR 07-01 CONTENTS
That the FEIR 07-01 consists of the following:
1. Second-Tier EIR for the Project SPA Plan and TM (including Mitigation Monitoring
and Reporting Program and technical appendices); and
2. Comments and Responses
(All hereafter collectively referred to as "FEIR 07-01 ")
Resolution No. 2009-223
Page 3
III.
IV
V
VI.
VII.
ACCOMPANYING DOCUMENT TO FEIR 07-O1
1. Findings of Fact and Statement of Ovemding Considerations
PRESENTATION TO THE DECISIONMAKING BODY
That the City Council does hereby certify that FEIR 07-01 was presented to the City
Council as the decisionmaking body of the lead agency and that the City Council has
reviewed and considered the information contained in the final EIR prior to approving the
Project.
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
That the City Council does hereby certify that FEIR 07-O1, the Findings of Fact and the
Statement of Overriding Considerations (Exhibit "A"), and the Mitigation Monitoring
and Reporting Program aze prepazed 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.
INDEPENDENT JUDGMENT OF CITY COUNCIL
That the City Council does hereby certify that the FEIR 07-01 reflects the independent
judgment and analysis of the City of Chula Vista as lead agency for the Project.
CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
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
Exhibit "A".
B. Mitigation Measures Feasible and Adopted
On the basis of the findings set forth in Exhibit "A," and as more fully identified
and set forth in FEIR 07-01, the City Council hereby finds 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 FEIR 07-01,
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 "A." Furthermore, the measures to mitigate or avoid significant
effect on the environment, consisting of those mitigation measures set forth in
Final EIR 07-01 and in Exhibit "A," aze fully enforceable through permit
conditions, agreements or other measures, including but not limited to conditions
of approval of the Project Tentative Map, and will become binding upon the entity
(such as the project proponent or the City) assigned thereby to implement the
same.
Resolution No. 2009-223
Page 4
C. 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 City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Exhibit "A," acceptable due to
certain overriding concerns. Therefore, the City Council of the City of Chula
Vista hereby approves, pursuant to CEQA Guidelines Section 15093, a Statement
of Overriding Considerations in the form set forth in Exhibit "A," identifying the
specific economic, social and other considerations that outweigh and render the
unavoidable significant adverse environmental effects acceptable.
D. Infeasibility of Alternatives
As more fully identified and set forth in FEIR 07-01 and in Section VI.A of
Exhibit "A," 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 07-01, 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 Public Resources Code Section 21081 and CEQA Guidelines
Section 15091, the City Council hereby adopts 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 EIR 07-01. The City Council fiuther 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.
VIII. 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.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista on the
basis of the Findings as set forth above certifies FEIR 07-01, and adopts the Findings of Fact and
Statement of Ovemding Considerations and Mitigation Monitoring and Reporting Program (all of
which aze available and on file in the Office of the City Clerk), in accordance with CEQA
Guidelines Section 15091.
Resolution No. 2009-223
Page 5
Presented by
Gary Halbe , P.E., AICP
Deputy Cit Manager/Development
Services
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of September 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: McCann
~~
Cheryl Cox ay r
ATTEST:
_~ ~ ~ ~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California,
Resolution No. 2009-223 was duly passed, approved, an
regular meeting of the Chula Vista City Council held on the
Executed this 15th day of September 2009.
do hereby certify that the foregoing
l adopted by the City Council at a
15th day of September 2009.
Donna R. Norris, CMC, City Clerk