Loading...
HomeMy WebLinkAbout2010/05/18 Joint Mtg Resolutions and OrdinanceRESOLUTION No. 2o1a- RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDER FINAL ENVIRONMENTAL IMPACT REPORT (UPD #833-EIR-658; SCH NO. 2005081077) AND ERRATA; MAKE CERTAIN FINDINGS OP FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND PORT MASTER PLAN AMENDMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the San Diego Unified Port District (Port) and the City of Chula Vista began a joint planning process for the Chula Vista Bayfront Master Plan Project (Proposed Project) in October 2002; and WHEREAS, as defined in California Public Resources Code Section 21067 and Section 15367 of Title 14, Division 6, Chapter 3 of the California Code of Regulations (CEQA Guidelines}, the Port is the Lead Agency under whose authority this Environmental Impact Report (EIR} has been prepared; and WHEREAS, as defined in California Public Resources Code Section 21069 and CEQA Guidelines Section 15381, the City of Chula Vista is a Responsible Agency, which has discretionary approval power over portions of the Proposed Project and jurisdiction over resources affected by the Proposed Project; and WHEREAS, pursuant to California Public Resources Code Section 21000 et seq. (the California Environmental Quality Act (CEQA}), a Draft Environmental Impact Report (Draft EIR) (UPD #833-EIR-658; SCH No. 2005081077}, dated September 2006 for the Proposed Project was circulated fora 60-day public review period from September 29, 2006, to November 27, 2006, and was processed through the State Clearinghouse; and WHEREAS, in response to requests for additional review time, the public review period on the Draft EIR was extended to January 11, 2007, bringing the total public review period for the Draft EIR to 105 days; and WHEREAS, in light of the munber of comments received, the Port substantially revised the Draft EIR in response thereto; and WHEREAS, a Draft Re-circulated EIR (Revised Draft EIR) {UPD #833-EIR-658; SCH No. 2005081077) was circulated fora 60-day public review period, from May 23, 2048, to August 7, 2008 to further make project description refinements and revisions that were analyzed throughout the document, and which was also processed through the State Clearinghouse; and 1-42 Resolution No. Page 3 of 5 WHEREAS, public comments on the original Draft EIR are included in the administrative record, but the Port was not required to provide written responses to them in the Revised Draft EIR. Instead, pursuant to CEQA Guidelines Section 15088.5{f){1), the Port advised that new comments must be submitted on the Revised Draft EIR and that the Port would respond in writing in the Final EIR only to those comments submitted in response to the Revised Draft EIR; and WHEREAS, in consideration of the comments received on the Draft EIR and Revised DEIR, and the requirements of CEQA, a Final EIR (UPD #833-EIR-658; SCH No. 2005081077} was prepared for the Proposed Project; and WHEREAS, the Final EIR incorporates all comments and recommendations received on the Draft EIR and Revised Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR and Revised 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 on the Revised Draft EIR, in accordance with CEQA Guidelines Section 15132; and WHEREAS an Errata to the Final EIR, dated May 2010 was prepared to clarify and address 1) changes resulting from ara. agreement with the Bayfront Coalition (and its member organizations) approved by the Port and City of Chula Vista City Council on May ~, 2Q10 and May 11, 2010, respectively; 2) minor project clarifications; 3) minor changes to the GPA resulting from the Alternate L-Ditch Alternative; and 4) boundary changes to the draft copies of the Local Coastal Program (LCP} and Port Master Plan {PMP} resulting from the recent sale of land from the Port to San Diego Gas and Electric; and WHEREAS, additional clarifications to the Final EIR SCH No. 2005081077 did not result in modifications to conclusions regarding significance of impacts or the addition of significant new information that would reduire recirculation of the EIR pursuant to CEQA Guidelines Section 15088.5; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing for the Final EIR and Errata on May 18, 2010 and recommended that the City Council consider the Final EIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program {MMRP) for the Amendments to the City of Chula Vista General Plan, Local Coastal Program Land Use Plan, and Local Coastal Program Specific Plan concerning the Chula Vista Bayfront Master Plan (City's Project); and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the City's Project, dated May 2010 (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 the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself 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 City's 1-43 Resolution No. Page 4 of ~ Project. Other requirements are referenced in the MMRP that are adopted concurrently with the subject Findings of Fact and will be effectuated through the process of implementing the City's Project. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation of the City of Chula Vista does hereby find and determine as follows: I. CHULA VISTA REDEVELOPMENT CORPORATION RECORD That the proceedings and ail evidence introduced before the Chula Vista Redevelopment Corporation at the public hearing on the Final EIR held May 1 S, 2010, 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 any documents submitted to the City Council as the decision-makers in considering the Final EIR making certain Findings of Fact and adopting a Statement of Overriding Considerations shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act. II. Final EIR CONTENTS That the Final EIR for the Chula Vista Bayfront Master Plan and Port Master Plan Amendrz~ent {UPD #833-EIR-658; SCH No. 2005081077) consists of the following: 1. Final EIR and Errata 2. Comments received during public review and responses thereto; 3. Mitigation Monitoring and Reporting Program; and 4. Technical appendices. III. ACCOMPANYING DOCUMENT TO hNAL EIR 1. Findings of Fact and Statement of Overriding Considerations IV. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the Chula Vista Redevelopment Corporation does hereby find that Final EIR, 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 (a copy which is also on file with the office of the City Clerlc) are prepared in accordance with the requirements of the California Environmental Quality Act and the CEQA Guidelines {California Code of Regulations Title 14 Section 15000 et seq.). V. INDEPENDENT JUDGMENT OF THE CHULA VISTA REDEVELOPMENT CORPORATION That the Chula Vista Redevelopment Corporation acting as an advisory body to the City Council hereby finds that after having taken into account both oral and written testimony 1-44 Resolution No. Page 5 of 5 at the subject public hearing and after having utilized its independent judgment and -after having considered the Final EIR as prepared by the San Diego Unified Port District has determined and recommends to the City Council that the Final EIR was adequately prepared pursuant to the provisions of CEQA. VI. CEQA FINDNGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Chula Vista Redevelopment Corporation 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 Exhibit "A" to this resolution and does recommend adoption of each such finding by the City Council. 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 Chula Vista Redevelopment Corporation hereby approves and recommends for approval by the City Council, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this resolution, identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. G Mitigation Measures Feasible and Adopted As more fully identified and set forth in the Final EIR and in Exhibit "A" to this resolution, the Chula Vista Redevelopment Corporation hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures set forth in the Final EIR and in Exhibit "A" to this resolution are feasible and will become binding upon the entity (such as a project proponent or the City) assigned thereby to innplement the same upon certification of the Final EIR by the Port and upon approval of necessary actions for approval of the City's Project by the City Council. D. lnfeasibility of Alternatives As more fully identified and set forth in the Final EIR and in Exhibit "A" to this resolution, the Chula Vista Redevelopment Corporation hereby finds and 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 the Final EIR, were not found to reduce impacts to a less than significant level or meet the project objectives. 1-4~ Resolution No. E Page 6 of ~ Adoption o:f Mitigation Monitoring and Reporting Program As required by CEQA Section 21081.6 and CEQA Guidelines Section 15097, the Chula Vista Redevelopment Corporation hereby recommends that the City Council adopt the Mitigation Monitoring and Reporting Program set forth in Final EIR. The Chula Vista Redevelopment Corporation further finds that the MMRP is designed to ensure that, during project implementation, a 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 MMRP. BE IT FURTHER RESOLVED THAT the Chula Vista Redevelopment Corporation of the City of Chula Vista on the basis of the findings as set forth above, recommends that the City Council after having considered the Final EIR and upon making the required Findings of Fact pursuant to CEQA Guidelines Section 15091 and 15096(h} hereby adopt a Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15093 and 15097, respectively. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Approved as to form by Bart Miesfe ity Attorney 1-46 Exhibit A Findings of Fact and Statement of Overriding Considerations for the Bayfront Master Plan, dated May 201,D On file in the Office of the City Clerk 1-47 CVRC RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUI~TCIL OF THE CITY OF CHULA VISTA APPROVE AMENDMENTS TO PORTIONS OF THE CITY'S GENERAL PLAN LAND USE AND TRANSPORTATION; ECONOMIC; PUBLIC FACILITIES AND SERVICES; ENVIRONMENTAL; AND IMPLEMENTATION ELEMENTS, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES INVOLVING THE BAYFRONT PLANNING AREA WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port District), in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002 (Proposed Project); and WHEREAS, the .City of Chula Vista's current General Plan was last comprehensively updated in December 2005 {General Plan Update); and WHEREAS, the Bayfront Planning Area was not changed as part of the General Plan Update in 2005 due to ongoing work on the Chula Vista Bayfront Master Plan; and WHEREAS, the area of land which is the subj ect of this Resolution contain alllands within the boundaries of the General Plan's Bayfront Planning Area as diagrammatically depicted on the proposed General Plan Land Use Diagram presented as Exhibit A, attached hereto and cozximonly known as the Bayfront Planning Area (Project Site); and WHEREAS, the Port District in collaboration with the City has now completed a proposed Chula Vista Bayfront Master Plan; and WHEREAS, the General Plan Amendments for the Bayfront Planning Area are consistent with the Chula Vista Bayfront Master Plan; and WHEREAS, the proposed General Plan Amendments for the Bayfront Planning Area involves portions of the Land Use and Transportation; Economic; Public Facilities and Services; Environmental; and Implementation Elements, including associated text, maps and tables; and WHEREAS, the proposed General Plan Amendment for the Bayfront Planning Area are contained in a document entitled "General Plan Amendment Chula Vista Bayfront Master Plan", dated May 2010 (General Plan Amendment} {attached in the staff report as Attachment 10 and on f le at the Off ce of the City Clerk); and WHEREAS, the Development Services Director set the time and place for a hearing on the Proposed Project, and notice of said hearing, together with its purpose, was given by its publication 1-48 CVRC Resolution No. Page 2 of 3 in a newspaper of general circulation in the City and the mailing to property owners within 1000 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 1:00 p.m., May 18, 2010 in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby make the following findings: I. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15096 (f) and (i) of the California Environmental Quality Act (CEQA} Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment the City has considered the Final Environmental Impact Report (EIR) SCH No. 20050$1077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City has also made the requisite CEQA Findings of Fact pursuant to Section 15096 (h} of the CEQA Guidelines and has adopted a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. II. GENERAL PLAN CONSISTENCY: The proposed amendment to the Chula Vista Genexal Plan is consistent with the adopted City of Chula Vista General Plan and as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural reso~~rces. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a prof ect that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the City and the region. This will open up fihe Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does hereby recommend that the City Council adopt the proposed General Plan Amendment contained in a 1-45 CVRC Resolution No. Page 3 of 3 document known as General Plan Amendment (attached in the staff report as Attachment 10 and on file at the Office of the City Clerk) incorporated herein by this reference. Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Approved as to form by art ~ity Attorney 1-5D .:+,qj ~I-~IJL/~ VISTI-1 ~~YFfZC~I~T ~ ~C~JERJ/-'~L PLAf~ AM~N[7MEC~~ tl'.-FI4~Lfa ::a r ~° ~ ~ I 1" ~,~- ~ ~,~ ~ ~,. ,~ ~ ~ ~i a. ~ - ~ ~k' ~ ~ .r %~`' J ~, e e , el - ~ , a ,~ ,s~r~ r~r~~a ~~~' P~~691~35£[7r BA~YFRONFT 3'. , ~GFP4tE'~{'4L PrLA[~( L~i11147 IJ~ $r: ~ 7`' CIRCULIITIC)N AME~daNfEPd ~FT~URE ~-1~) ;~ +~"' ~EGFEM~ i ~ag~r~:~r:t High Residential Prot~~ssional ~ Office C~prr.rnerCial Visitor Ivi::~;ed Llae Ccrmmerekal Lirrl~kted kndustr"rai i Generale fndustrlal P4:blic ~ Cluasl - Pubiic Parl€s $ Reereatkon # `" I 3paen Space- fictive ReCre~4 L1M1 ~ ~. '' . i. ripen Space.. r ~ a~ ' ~' ~ Open Space. Preserve `~ m- ~ ~ ~, ~~ -~ ® Major Street (6'--Laney ~ ~ ~ ~ ~ ~` ~ 4~~ a~ r Major Street (4 Lane} .~,~.~ Class I CaYleetar '`^r' ' i ~1tFrer Roads ,~' Greeero6elt 1"rakl System hNpt trs Scale .._. ~a~1 ' ~ CVRC RESOLUTION NO. RESOLUTION OF THE CHULA VISTA REDEVELOPMENT CORPORATION OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE THE PROPOSED AMENDMENT TO THE CHULA VISTA LOCAL COASTAL PROGRAM CONSISTING OF THE LAND USE PLAN AND THE SPECIFIC PLAN, AND AMEND CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THRU 19.87 WHEREAS, the City of Chula Vista (City} and the San Diego Unif ed Port District (Port District}, in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002 ("Proposed Project"); and WHEREAS, the land area, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street (LCP Area); and WHEREAS, California State law requires that coastal cities adopt a Local Coastal Program (LCP} and said LCP must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and WHEREAS, the current Chula Vista LCP was certified by the California Coastal Commission an 3anuary 15, 1993 and amended by City of Chula Vista City Council ResolutionNo. 17036 and Ordinance No. 2546 on March 23, 1993; and WHEREAS, in 2005 the City of Chula Vista embarked on a process to amend the 1993 LCP as a result of updates to the San Diego Unified Port District Bayfront Master Plan during the past few years and a proposed land exchange between the San Diego Unified Pork District and a pxivate land owner; and WHEREAS, these conditions resulted in changes to 1) the Port District's and City's jurisdictional boundaries, 2) proposed development project, 3) Iand use designation, and 4) circulation/public access system within the Bayfront area, which together constitute the "Proposed LCP Amendment;" and WHEREAS, the Proposed LCP Amendment is contained in a document known as Local Coastal Program Amendment (attached in the staff report as Attachment 14 and on file at the Office of the City Clerk); and 1-52 CVRC Resolution No. Page 2 of 3 WHEREAS, the Development Services Director set the time and place for a hearing on the Proposed Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 1,000 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 1:00 p.rn., May 18, 2010, in the Council Chambers, 276 Fourth Avenue, before the Chula Vista Redevelopment Corporation and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista Redevelopment Corporation does hereby make the following findings: I. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15096 {f) and {i) of the California Environmental Quality Act (CEQA) Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent j udgment the City has considered the Final Environmental Impact Report {EIR) SCH No. 2005081077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City has also made the requisite CEQA Findings of Fact pursuant to Section 15096 (h} of the CEQA Guidelines and has adopted a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. II. GENERAL PLAN AND COASTAL ACT CONSISTENCY: The proposed amendment to the Local Coastal Program, consisting of the Land Use Plan and Specific Plan, is consistent with the City of Chula Vista General Plan and the policies of the Coastal Act. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the city and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. BE IT FURTHER RESOLVED that the Chula Vista Redevelopment Corporation does hereby recommend that the City Council adopt the Proposed LCP Amendment contained in a document 1-53 CVRC Resolution No. Page 3 of 3 known as Local Coastal Progxa~. Amendment (attached in the staff report as Attachment 14 and on file at the Office of the City Clerk} incorporated herein by this reference. Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Approved as to farm by Bart Mi `~"°`zcity Attorney 1-54 ~.. - ~H~JL.~'wIISTA ~AYFI~~7~1T L~~'P~L ~~,~ST~4L PRf}GI~'l r~ LAC ~ yin r~ :{~ ~ ~ , s;~: ,r;:; ~ ^ - -. h,h. - t ~ ~ ,: }~ ~ k4', 4K- T _ - - ~ `,F~ I `` n; }J ,mot ~ Hi,~ r r ~bt,'~ _ _ _ _ _ _ L ,(q-~ i ~ ti ~ t ~, I 1 k _ - 4 - i ~ ' ~. , ~ ~ ~ ~ j ~1 4Kn/~, _ r ~ ~ ~ ti v ii 1 _ ~`~ 7 G - .. _ i Y ~ ~ ~ ., 1~;1 - ~ p ~ '~' tl'~4 ~ C'.r _ +~~ ~: r' .. . f y ,t -.~ ~ r t~- ~` ~- - a -G4 ~ t ~~ . , x ~ ~ ~" 4^ e ~' Y ~ x u'u 4r-sl a r td ~,., S Y _ Y ~ ~ ~~ . A ~ ~ of 7~ r 7 )I . y ~ ~ ~ ~ l~ ~ 4 . L , , ~ + - ~, , ~ r F ~$ i4~ ~ ~ ~ S ; ~' - i ~ _ ., .y a !.R - ~ ~ ' ~ r F a ~"~' ; , _ ~ ~ > ,: ~ '~ - ~ .~ ~ ~ , ra - ?+ I ~.a~ a'U, f r r ~L n _ 3n ' _ _ 1 ~~ ~ P^ ~~u ~F ~. - -'~ ~~ ~ ~~' - ~t - ... i -:. ~ . ~ - _ .. ~ ~ Feat Chul-, .' Kcal Caastel Plan. 0- 9' 'C.999 3.Ad1© S,7Oa. T,fi4n i~sl~, ..agiFornia __..___ LCP' Planning.Vrea. LC~P' ~~anrting Aria ~,. :ny of Chula Vista 1-55 EXha1~i~ 14, RESOLUTION NO. EIR 10-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONSIDER FINAL ENVIRONMENTAL IMPACT REPORT (UPD #833- EIR-b58; SCH NO. 2005081077} AND ERRATA; MAKE CERTAIN ENDINGS OF FACT; ADOPT A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPT A MITIGATION MONITORNG AND REPORTING PROGRAM FOR THE CHULA VISTA SAYFRONT MASTER PLAN AND PORT MASTER PLAN AMENDMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the San Diego Unified Port District (Port) and the City of Chula Vista began a joint planning process for the Chula Vista Bayfront Master Plan Project ("Proposed Project") in October 2002; and WHEREAS, as defined in California Public Resources Code Section 21067 and Section 15367 of Title 14, Division 6, Chapter 3 of the California Code of Regulations {CEQA Guidelines), the Port is the Lead Agency under whose authority this Environmental Impact Report (EIR) has been prepared; and WHEREAS, as defined in California Public Resources Code Section 21069 and CEQA Guidelines Section 15381, the City of Chula Vista is a Responsible Agency, which has discretionary approval power over portions of the Proposed Project and jurisdiction over resources affected by the Proposed Project; and WHEREAS, pursuant to California Public Resources Code Section 21000 et seq. (the California Enviromnental Quality Act (CEQA)), a Draft Environmental Impact Report (Draft EIR) {UPD #833-EIR-6S$; SCH No. 2005081077), dated September 2006 far the Proposed Project was circulated fora 60-day public review period from September 29, 2006, to November 27, 2006, and was-processed through the State Clearinghouse; and WHEREAS, in response to requests far additional review time, the public review period on the Draft EIR was extended to January 11, 2007, bringing the total public review period for the Draft EIR to 105 days; and WHEREAS, in light of the number of comments received, the Port substantially revised the Draft EIR in response thereto; and WHEREAS, a Draft Re-circulated EIR (Revised Draft EIR) (UPD #$33-EIR-65$; SCH No. 20050$1077} was circulated fora 60-day public review period from May 23, 2008, to August 7, 2008 to further make project description refinements and revisions that were analyzed throughout the document, and which was also processed through the State Clearinghouse; and 1 1-56 WHEREAS, public comments on the original Draft EIR are included in the administrative record, but the Port was not required to provide written responses to them in the Revised Draft EIR. Instead, pursuant to CEQA Guidelines Section 15088.5(f)(1), the Port advised that new comments must be submitted on the Revised Draft EIR and that the Port would respond in writing in the Final ETR only to those comments submitted in response to the Revised Draft EIR; and WHEREAS, in consideration of the comments received on the Draft EIR and Revised Draft EIR, and the requirements of CEQA, a Final EIR (UPD #833-EIR-658; SCH No. 2005081077) was prepared for the Proposed Project; and WHEREAS, the Final EIR incorporates all comments and recommendations received on the Draft EIR and Revised Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR and Revised Draft ETR, and the City's responses to all "significant environmental points" raised 6y public and agency comments submitted during the review and consultation process on the Revised Draft EIR, in accordance with CEQA Guidelines Section 15132; and WHEREAS an Errata to the Final EIR, dated May 20 i 0 was prepared to clarify and address 1) changes resulting from an agreement with the Bayfront Coalition (and its member organizations) approved by the Port and City of Chula Vista City Council on May 4, 2010 and May 11, 2010, respectively; 2) minor project clarifications and corrections to the text of the Final EIR; 3) minor changes to the General Plan Amendment (GPA) resulting from the Alternate L- Ditch Alternative; and 4) boundary changes to the draft copies of the Local Coastal Program (LCP) and Port Master Plan {PMP) resulting from the recent sale of land from the Port to San Diego Gas and Electric; and WHEREAS, additional clarifications to the Final EIR SCH No. 2005081077 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 Final EIR and Errata on May 18, 2010 and recommended that the City Council consider the Final EIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program (MMRP) fox the Amendments to the City of Chula Vista General Plan, Local Coastal Program Land Use Plan, and Local Coastal Program Specific Plan concerning the Chula Vista Bayfront Master Plan (City's Project}; and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the City's Project, dated May 2010 (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 the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and its successors in interest, to implement those measures. These findings are not merely information ar advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the City's 2 1-57 Project. Other requirements are referenced in the MMRP that are adopted concurrently with the subject Findings of Fact and will be effectuated through the process of implementing the City's Project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find and determine as follows: I. PLANNING COMMISSION RECORD That the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Final EIR held May 18, 2010, 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 any documents submitted to the City Council as the decision-makers in considering the Final EIR making certain Findings of Fact and adopting a Statement of Overriding Considerations, shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act. II. Final EIR CONTENTS That the Final EIR for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #833-EIR-658; SCH No. 2005081077) consists of the following: 1. Final EIR and Errata 2. Comments received during public review and responses thereto; 3. Mitigation Monitoring and Reporting Program; and 4. Technical appendices. III. ACCOMPANYING DOCUMENT TO FINAL EIR 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, 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 {a copy which is also on file with the office of the City Clerk) are prepared in accordance with the requirements of the California Environmental Quality Act and the CEQA Guidelines {California Code of Regulations Title l4 Section 15000 et seq.). V. INDEPENDENT JUDGMENT OF THE PLANNING COMMISSION That the Chula Vista Planning Commission acting as an advisory body to the City Council hereby finds that after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment and after having considered the Final EIR as prepared by the San Diego Unified Port District has 1 35 8 determined and recommends to the City Council that the Final EIR was adequately prepared pursuant to the provisions of CEQA. VI. CEQA FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING PROGRAI~I AND STATEMENT OF OVERRIDING CONSIDERATIONS A. Adoption of Findings of Fact The Planning Commission does hereby approve, accepts as its own, incorparate as if set forth in full herein, and make each and every one of the findings contained in Exhibit "A" to this resolution and does recommend adoption of each such finding by the City Council. 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 Planning Commission hereby approves and recommends for approval by the City Council, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this resolution, identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. C. Mitigation Measures Feasible and Adopted As more fully identified and set forth in the Final EIR and in Exhibit "A" to this resolution, the Planning Commission hereby finds pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures set forth in the Final EIR and in Exhibit "A" to this resolution are feasible and will become binding upon the entity (such as a project proponent or the City} assigned thereby to implement the same upon certification of the Final EIR by the Port and upon approval of necessary actions for approval of the City's Project by the City Council. D. Infeasibility of Alternatives As more fully identified and set forth in the Final EIR and in Exhibit "A" to this resolution, the Planning Commission hereby finds and 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 the Final EIR, were not found to reduce impacts to a Iess than significant level or meet the project objectives. 4 1-59 E. Adoption of Mitigation Monitoring and Reporting Program As required by CEQA Section 21081.b and CEQA Guidelines Section 15097, the Planning Commission hereby recommends that the City Council adopt the Mitigation Monitoring and Reporting Program set forth in Final EIR. The Chula Vista Redevelopment Corporation further finds that the MMRP is designed to ensure that, during project implementation, a permitteelproject applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the MMRP. BE IT FURTHER RESOLVED THAT the Planning Commission of the City of Chula Vista on the basis of the findings as set forth above, recommends that the City Council after having considered the Final EIR and upon making the required Findings of Fact pL~rsuant to CEQA Guidelines Section 15091 and 15096(h) hereby adopt a Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15093 and 15097, respectively. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this May 1 S, 2010, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Diana Vargas Secretary to Planning Commission Scott Vinson, Chairperson Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Approved as to form by -~ B ~~-City Attorney 1 56 0 Exhibit A Findings of Fact and Statement of Overriding Considerations for the Bayfront Master Plan, dated May 2020 On file in the Office of the City Clerk 1-61 RESOLUTION NO. GPA-10-O1 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE AMENDMENTS TO PORTIONS OF THE CITY'S GENERAL PLAN LAND USE AND TRANSPORTATION; ECONOMIC; PUBLIC FACILITIES AND SERVICES; ENVIRONMENTAL; AND IMPLEMENTATION ELEMENTS, 1NCLUDNG ASSOCIATED TEXT, MAPS AND TABLES INVOLVING THE BAYFRONT PLANNING AREA WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port District}, in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002 (Proposed Project}; and WHEREAS, the City of Chula Vista's current General Plan was last comprehensively updated in December 2005 (General Plan Update); and WHEREAS, the Bayfront Planning Area was not changed as part of the General Plan Update in 2005 due to ongoing work on the Chula Vista Bayfront Master Plan; and WHEREAS, the area of land which is the subj ect of this Resolution contain all lands within the boundaries of the General Plan's Bayfront Planning Area as diagrammatically depicted on the proposed General Flan Land Use Diagram presented as Exhibit A, attached hereto and commonly known as the Bayfront Planning Area (Project Site}; and WHEREAS, the Port District in collaboration with the City has now completed a proposed Chula Vista Bayfront Master Plan, and WHEREAS, the General Plan Amendment for the Bayfront Planning Area are consistent with the Chula Vista Bayfront Master Plan; and WHEREAS, the proposed General Plan Amendments for the Bayfront Planning Area involve portions of the Land Use and Transportation; Economic; Public p'acilities and Services; Environmental; and Implementation Elements, including associated text, maps and tables; and WHEREAS, the proposed General Plan Amendment for the Bayfront Planning Area are contained in a document entitled "General Plan Amendment Chula Vista Bayfront Master Plan", dated May 2010 (General Plan Amendment) (attached in the staff report as Attachment 10 and on file at the Office of the City Clerk); and WHEREAS, the Development Services Director set the time and place for a hearing on the Proposed Froject, and notice of said hearing, together with its purpose, was given by its publica#ion ~-62 in a newspaper of general circulation in the City and the mailing to property owners within 1000 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and W`FIEREAS, the hearing was held at the time and place as advertised, namely 1:00 p.m., May 18, 2010 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFDRE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the following findings: I. ENVIRONMENTAL DETERMNATION: Pursuant to Section 15096 (f} and {i) of the California Environmental Quality Act (CEQA} Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment the City has considered the Final Environmental Impact Report (EIR) SCH No. 2005081477 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City has also made the requisite CEQA Findings of Fact pursuant to Section 15096 {h) of the CEQA Guidelines and has adopted a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. II. GENERAL PLAN CONSISTENCY: The proposed amendment to the Chula Vista General Plan is consistent withthe adopted City of Chula Vista General Plan and as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the City and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council adopt the proposed General Plan Amendment contained in a document known as General Plan Amendment (attached in the staff report as Attachment 10 and on file at the Office of the City Clerk) incorporated herein by this reference. 2 1-63 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 1 Sth day of May, 2010, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Scott Vinson, Chairperson Approved as to form by Bart ie e ~~~ity Attorne 1-64 ~. '~ ._~~ ~HULA'v'IST:~ 93A'~Fk~C}fVT ~El~'FAL G'1J1~1 /~ME~Idd~Fl~~ cFruL~, r s ~r~~ 1 I ' r~ ~.aY ,a RRiJpC3SED ~a~YF~x¢~NT GENEtU~ P~~IWN ~ANP3 llSE iCIR~LJLATYt76Y e4N1ENDINET (FIGURE 5-12~ ~, Sayfront High Residential Prrsfessional 8 i3~ce G~ammerciat ~sitcr ~~ Mixed Use Con7mercial Limited Industrial Ganerallndustrial 1 Public ~ Quad -Public Parks & Recreation C}pert Space Active Recreation i C3pen Space ~: Lipen ~5pace Preserve ® Major Street (fi Laney Major Street (~ Lane). Class I Collector Qther Reads J Graer~N~elt Trail System b ~ ~.~~ ~ 6~ W ~ d n L~lot to Scale ~-~~ Exhibit RESOLUTION NO. PCM-10-09 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVE THE PROPOSED AMENDMENT TO THE CHULA VISTA LOCAL COASTAL PROGRAM CONSISTING OF THE LAND USE PLAN AND THE SPECIFIC PLAN, AND AMEND CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THRU 19.87 WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port District), in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002 {"Proposed Project"); and WHEREAS, the land area, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street (LCP Area}; and WHEREAS, California State law requires that coastal cities adopt a Local Coastal Program {LCP) and said LCP must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and WHEREAS, the current Chula Vista LCP was certified by the. California Coastal Commission on January 15, 1993 and amended by City of Chula Vista City Council Resolution No. 17036 and Ordinance No. 2546 on March 23, 1993; and WHEREAS, in 2005 the City of Chula Vista embarked on a process to amend the 1993 LCP as a result of updates to the San Diego Unified Port District Bayfront Master Plan during the past few years and a proposed land exchange between the San Diego Unified Port District and a private land owner; and WHEREAS, these conditions resulted in changes to 1) the Port District's and City's jurisdictional boundaries, 2} proposed development project, 3) land use designation, and 4) circulatian/public access system within the Bayfront area, which together constitute the "Proposed LCP Amendment;" and WHEREAS, the Proposed LCP Amendment is contained in a document known as Local Coastal Program Amendment {attached in the staff report as Attachment 14 and on file at the Office of the City Clerk); and 7-66 WHEREAS, the Development Services Director set the time and place for a hearing on the Proposed Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and it mailing to property owners and within 1,000 feet of the exterior boundaries of the property, at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the tune and place as advertised, namely 1:00 p.m., May 18, 2010, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby make the following findzngs: I. ENVIRONMENTAL DETERMINATION: Pursuant to Section 15096 (f) and (i) of the California Environmental Quality Act (CEQA) Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent j udgment the City has considered the Final Environmental Impact Report (EIR) SCH No. 2005081077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City has also made the requisite CEQA Findings of Fact pursuant to Section 15096 {h) of the CEQA Guidelines and has adopted a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. II. GENERAL PLAN AND COASTAL ACT CONSISTENCY: The proposed amendment to the Local Coastal Program, consisting of the Land Use Plan and Specific Plan, is consistent with the City of Chula Vista General Plan and the policies of the Coastal Act. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Haxbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a prof ect that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the city and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend that the City Council of the City of Chula Vista adopt the Proposed LCP Amendment contained in a document known as Local Coastal Program Amendment (attached in the 1-67 staff report as Attachment 14 azad on file at the Office of the City Clerk} incorporated herein by this reference. Presented by Approved as to form by Gary Halbert, AICP, PE Bart Miesfeld Deputy City Manager/Director of City Attorney Development Services 1-68 PASSED AND APPROVED BY THE PLANNNG COMMISSION Ok' THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of May, 2010, by the followizrg vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Diana Vargas, Secretary Presented by Gary Halbert, P.E., AICP Deputy City Manager, Director of Development Services Scott Vinson, Chairperson Approved as to form by Ba City Attorney 1-69 CFiULA VI~T~ ~A,~'FRC~~IT I L~}C~eL C4]ASTAI_ ~R~?GR.~I~i e - --- - r~~t~s~~ Ian I T _ ~ r k: ~ _ ~~. I J F ~~ _ ~ ~ •' M ? f, 5~ L ~ ~ . ~ ~ - ~'~ '1 Y C t t4 I ` I R' C ~~ i •.~ Y~I ' f L~J.i'j i 1 x! r tau S l t -' Y, ~ '~r ~ h ~ Nh. J' ~ ~'n_1' _ , y`~- J,i 7 ~ ~ ,~ _ li_ is - 4i ~ $ k1 IIII - _ l ) ~r r ~ I ii r t I .~ _ , I i ~: ~ -~; ~ J Y~.. ,y ~ I ~ L ' y a ks~r J ~~{ ~ '. v y ~' i T ~~~ ~ar_' IW ~ ~ _ "I ~ C ' ~ u _7 S .r J , ~: - - S J ~ ~ v ,1 .i. ~~ '.t ~ - F r 7 S Y -S i ._. ;. .. ;~ .I I J 1 J~ ~ ~ ~ f ~ { ~ ; _ l Y7 a J ~ ~ U J tax h l } ~• r ` y ~ i C y tt 1 I { G ~ ~J~ -, 1 _ .~ ,~ - I F - ~ _ ~ ~1 i + p 1_ ~~ 3" i •• 11 I 4 = ~ , 4 it ~n4-.: ~ ~+ -- ~ ~ I ~ ' 7~ ! ..4 3~ 1 x 3 ~'j ~ ~i t .'k ~u 2 ~ u'Y/ Y,k'X~d ' . ~ T -h ~ H ~ ~ j f I ~ ~L, i ~~,.M ~ rt~,~ ~ *~ , ,T_ ~~t -. , ..~ -- - 1, ~~ ... `~ ~.~ 1 .. .. ~. ~°~°°°~~~~r Fees ~f4uPs ~. I ~.. ; i. ~ r ~ ~~ r astal Plan 9 e5rl :~0 3,80(1 5,7W 7,6(]9 1:. ~~la YI."..: l:E~l i,~~nla I I. LC'~ C tanning Hrea criy of cn~la vista ~_ __ LCP Plana"rng Area amen ~~m.rr~~,rryQ O,,,w,99 one, a~~ ate, ~o, ~.~~eP,~~~~+~~~..r ~,ne,a<. ~.n 1-70 Exh~b~t RESOLUTION NO.2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CFIULA VISTA MAKING CERTAIN ENDINGS OF FACT; ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM AFTER HAVNG CONSIDERED AND RELYING ON THE FINAL ENVIRONMENTAL IMPACT REPORT {UPD #833-EIR-658; SCH NO. 2005081077) AND ERRATA FOR THE CHULA VISTA BAYFRONT MASTER PLAN AND PORT MASTER PLAN AMENDMENT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the San Diego Unified Port District (Port) and the City of Chula Vista began a joint planning process for the Chula Vista Bayfront Master Plan Project ("Proposed Project"} in October 2002; and WHEREAS, as defined in California Public~Resources Code Section 21067 and Section 15367 of Titie 14, Division 6, Chapter 3 of the Califoxxaia Cade of Regulations (CEQA Guidelines), the Port is the Lead Agency under whose authority this Environmental Impact Report (EIR) has been prepared; and WHEREAS, as defined in California Public Resources Code Section 21069 and CEQA Guidelines Section 15381, the City of Chula Vista is a Responsible Agency, which has discretionary approval power over portions of the Proposed Project and jurisdiction over resources affected by the Proposed Project; and WHEREAS, pursuant to California Public Resources Code Section 21000 et seq. (the California Environmental Quality Act (CEQA)), a Draft Environmental Impact Report (Draft EIR) (UPD #833-EIR-658; SCH No. 2005081077}, dated September 2006 for the Proposed Project was circulated fora 60-day public review period from September 29, 2006, to November 27, 2006, and was processed through the State Clearinghouse; and WHEREAS, in response to requests for additional review time, the public review period on the Draft EIR was extended to January 11, 2007, bringing the total public review period for the Draft EIR to 105 days; and WHEREAS, in light of the nunrkber of comments received, the Port substantially revised the Draft EIR in response thereto; and WHEREAS, a Draft Re-circulated EIR (Revised Draft EIR} (UPD #833-EIR-658; SCH No. 2005081077) was circulated fora 60-day public review period from May 23, 2008, to August 7, 2008 to further make project description refinements and revisions that were analyzed throughout the document, and which was also processed through the State Clearinghouse; and 1-71 Resolution No. Page 2 of 6 WHEREAS, public comments on the original Draft EIR are included in the administrative record, but the Port was not required to provide written responses to them in the Revised Draft EIR. Instead, pursuant to CEQA Guidelines Section 15088.5(f){1), the Port advised that new comments must be submitted on the Revised Draft EIR and that the Port would respond in writing in the Final EIR only to those comments submitted in response to the Revised Draft EIR; and WHEREAS, in consideration of the comments received on the Draft EIR and Revised Draft EIR, and the requirements of CEQA, a Final EIR (UPD #833-EIR-b58; SCH No. 2005081077} was prepared for the Proposed Project; and WHEREAS, the Final EIR incorporates all comments and recommendations received on the Draft EIR and Revised Draft EIR, a list of all persons, organizations, and public agencies commenting on the Draft EIR and Revised 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 on the Revised Draft EIR, in accordance with CEQA Guidelines Section 15132; and WHEREAS an Errata to the Final EIR, dated May 2010 was prepared to an Errata to the Final EIR was prepared to clarify and address 1) changes resulting from an agreement with the Bayfront Coalition (and its member organizations} approved by the Port and City of Chula Vista City Council on May 4, 2010 and May 11, 2010, respectively; 2} minor project clarifications and corrections to the text of the Final EIR; 3) minor changes to the GPA resulting from the Alternate L-Ditch Alternative; and 4) boundary changes to the draft copies of the Local Coastal Program (LCP} and Port Master Plan (PMP} resulting from the recent sale of land from the Port to San Diego Gas and Electric; and WHEREAS, additional clarifications to the Final EIR SCH No. 2005081077 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 Redevelopment Corporation and Chula Vista Planning Commission held a duly noticed public hearing for the Final EIR and Errata on May 18, 2010 and recommended that the City Council consider the Final EIR and Errata; make certain Findings of Fact; adopt a Statement of Overriding Considerations and adopt a Mitigation Monitoring and Reporting Program (MMRP) for the Amendments to the City of Chula Vista General Plan, Local Coastal Program Land Use Plan, and Local Coastal Program Specific Plan concerning the Chula Vista Bayfront Master Plan(City's Project); and WHEREAS, to the extent that the Findings of Fact and the Statement of Overriding Considerations for the City's Project, dated May 2010 (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 the Final EIR are feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of 1-72 Resohrtion No. Page 3 of 6 obligations that will come into effect when the City adopts the resolution approving the City's Project. Other requirements are referenced in the MMRP that are adopted concurrently with the subject Findings of Fact and will be effectuated through the process of implementing the City's Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and order as follows: ' I. CITY COUNCIL RECORD That the proceedings and all evidence introduced before the Chula Vista Redevelopment Corporation, Planning Commission and City Council at the public hearing on the Final EIR held May 18, 2010, 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 any documents submitted to the Chula Vista Redevelopment Corporation, Planning Commission and City Council as the decision-makers in considering the Final EIR making certain Findings of Fact and adapting a Statement of Overriding Considerations, shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act. II. Final EIR CONTENTS That the Final EIR for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #833-EIR-658; SCH No. 200081077) consists of the following: 1. Final EIR and Errata 2. Comments received during public review and responses thereto; 3. Mitigation Monitoring and Reporting Program; and 4. Technical appendices. III. ACCOMPANYING DOCUMENT TO FINAL EIR SCH NO. 2005081077 1. Findings of Fact and Statement of Overriding Considerations IV. PRESENTATION TO THE DECISIONMAKING BODY That the City Council does hereby find that the Final EIR was presented to the City of Chula Vista as a Responsible Agency and that the City Council has reviewed and considered the information contained in the Final EIR. V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby determine that Final ETR, 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 (a copy which is also on file with the office of the City Clerk) are prepared in 1-73 Resolution No. Page 4 of 6 accordance with the requirements of the California Environmental Quality Act, and the CEQA Guidelines (California Code of Regulations. Title I4 Section 15000 et seq.). VI. NDEPENDENT ~LJDGMENT Of' CITY COUNCIL That the City Council after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment and after having considered the Final EIR as prepared by the San Diego Unified Port District has determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. VII. CEQA FNDINGS 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" to this resolution. B. Mitigation Measures Feasible and Adopted On the basis of the findings set forth in Exhibit "A" to this resolution and as more fully identified and set forth in the Final EIR, 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 the Final EIR, 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" to this resolution. Furthermore, the measures to mitigate or avoid significant effect on the environment, consisting of those mitigation measures set forth in the Final EIR and in Exhibit "A" to this resolution, are fully enforceable through permit conditions, agreements or other measures, including but not limited to conditions of approval of a project tentative map, and will become binding upon the entity {such as a proj ect proponent or the City) assigned thereby to implement the same. C. Stateax~ent 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 15093, the City hereby (ands 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" to this resolution are acceptable due to certain overriding concerns. Therefore, the City Council hereby 1-74 Resolution No. D E. Page 5 of 6 approves, pursuant to CEQA Guidelines Section 15093, a Statement of Overriding Considerations in the form set forth in Exhibit "A" to this resolution identifying the specific economic, social and other considerations that outweigh and render the unavoidable significant adverse environmental effects acceptable. Infeasibility of Alternatives As more fully identified and set forth in the Final EIR and in Exhibit "A" to this resolution, the City Council hereby finds pursuant to Public Resources Cade Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in the Final EIR, were not found to reduce impacts to a less than significant level or meet the project objectives. Adoption of Mitigation Monitoring and Reporting Program As required by CEQA Section 21081.6 and CEQA Guidelines Section 15097, the City Council hereby adopts the program for reporting on or monitoring the changes which it has either required in the City's Project or will make as conditions of approval in subsequent projects to avoid ar substantially lessen significant environmental effects, consisting of the Mitigation Monitoring and Reporting Program set forth in Final EIR. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, a permitteelproject applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Mitigation Monitoring and Reporting Program. VII. NOTICE OF DETERMINATION That the Development Services Director of the City of Chula Vista is directed after City Council approval of this resolution. 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 and after having considered the Final EIR hereby makes the required Findings of Fact pursuant to CEQA Guidelines Section 15091 and 15096(h) and hereby adopts a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program in accordance with CEQA Guidelines Section 15093 and 15097, respectively. Submitted by Gary Halbert, AICP, PE Deputy City Manager/Director of Development Services Approved as to form by B '~~~ City Attorney 1-75 Exhibit A Findings of Fact and Statement of Overriding Considerations for the Bayfront Master Plan, dated May 2010 On file in the Office of the City Clerk 1-76 RESOLUTION NO. 2010 RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO PORTIONS OF THE CITY'S GENERAL PLAN LAND USE AND TRANSPORTATION; ECONOMIC; PUBLIC p'ACILITIES AND SERVICES; ENVIRONMENTAL; AND IMPLEMENTATION ELEMENTS, INCLUDING ASSOCIATED TEXT, MAPS AND TABLES INVOLVING THE BAYFRONT PLANNING AREA WHEREAS, the City of Chula Vista and the San Diego Unified Port District (Port District}, in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan (Proposed Project) in 2002; and WHEREAS, the City of Chula Vista's current General Plan was last comprehensively updated in December 2005 (General Plan Update); and WHEREAS, the Bayfront Planning Area was not changed as part of the General Plan Update in 2005 due to ongoing work on the Proposed Project; and WHEREAS, the area of land which is the subject of this Resolution contain all lands within the boundaries of the General Plan's Bayfront Planning Area as diagrammatically depicted on the proposed General Plan Land Use Diagram presented as Exhibit A, attached hereto and commonly known as the Bayfront Planning Area {Project Site); and WHEREAS, on ar about 2004, the City of Chula Vista initiated an Amendment to the City's General Plan, and for the puzpose of general description consists of approximately 780 acres of the 2,620 acre Bayfront Planning Area located west of Interstate 5, south of the Sweetwater Channel, east of the San Diego Bay, and north of Palomar Street; and WHEREAS, the proposed General Plan Amendments far the Bayfront Flapping Axea involve portions of the Land Use and Transportation; Economic; Public Facilities and Services; Environmental; and Implementation Elements, including associated text, maps and tables; and WHEREAS, the proposed General Plan Amendment for the Bayfront Planning Area are captained in a document entitled "General Plan Amendment Chula Vista Bayfront Master Plan, May 2010" (General Plan Amendment) (attached in the staff report as Attachment 10 and on file at the Office of the City Clerk); and WHEREAS, as mare fully described in the subject staff report, the subject Environmental hnpact Report {EIR) Project Description, and the General Plan Amendment document themselves (on Iile with the City Clerk's Office), the overall amendments proposed to the General Plan generally include the addition of a new Bayfront Area Planning Area Plan consisting of Gaols, Objectives and Policies that are consistent with the format and content of other Area Plans in the General Plan; the addition of one new Residential Bayfront High land use designation; the deletion 1-71 Resolution No. Page 2 of 7 of three land use designations; the deletion of the '`Mid-Bayfront Specific Plan" reference consistent with the Chula Vista Bayfront Master Pian nomenclature; miscellaneous revisions to the circulation roadway network that enhances multi-modal choices and public access for the subject area; and preservation of natural open space at the fringe of the subject area; and WHEREAS, the proposed General Plan Amendment far the Bayfront Planning Area is consistent with the Proposed Project; and WHEREAS, pursuant to California Govertunent Code section's 65090 and 65353, the Planning Commission and the Chula Vista Redevelopment Corporation (CVRC} held a duly noticed public hearing on the General Plan Amendment on May 18, 2010, and recommended that the City Council adopt the Resolution approving the General Plan Amendment; and WHEREAS, the proceedings and alI evidence introduced before the Planning Commission and the CVRC at the public hearing on the proposed General Amendment held on May 1 S, 2010, and the minutes and resolutions resulting there from, are hereby incorporated into the record subsequent to these proceedings; and WHEREAS, these documents, along with any documents submitted to the decision makers, and all documents specified in Public Resources Code Section 21167.6, as well as those specified in the accompanying CEQA findings, shall comprise the entire record of the proceedings for any California Environmental Quality Act {CEQA) claims; and WHEREAS, the City Clerk set the time and place for the hearing on the Proposed Project and notices of said hearings, together with its purposes given by its publication in a newspaper of general circulation in the City and the mailing to property owners within 1000 feet of the exterior boundaries of the property, at least ten days prior to the hearing; and WHEREAS, pursuant to California Government Code section 65090, the City Council held a duly noticed public hearing on May 1 S, 2010, on the subject General~Plan Amendment. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby finds and determines as follows: I. ENVIRONMENTAL DETERMINATION Pursuant to Section 15096 (f} and {i} of the California Environmental Quality Act (CEQA} Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment the City Council has considered the Final Environmental Impact Report (EIR) SCH No. 2005081077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City Council has also made the requisite CEQA Findings of Fact pursuant to Section 25096 (h} of the CEQA Guidelines, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. 1-78 Resolution No. II. GENERAL PLAN CONSISTENCY Page 3 of 7 The City Council hereby finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. III. GENERAL PLAN Ai1~lENDMENT FINDINGS /APPROVAL 1. Proposed General Plan Amendment: The proposed General Plan Amendment as generally listed below is in conformity with the provisions of the City of Chula Vista General Plan. • Land use acreage adjustments; • Deletion of three General Plan land use designations; • New General Plan land use designations; • Deletion of the Mid-Bayfront Specif c Plan reference; • Revised Bayfront Area Plan that introduces new General Plan Objectives and Policies; and • Revisions to text, tables, maps, and graphics. 2. Conforms with General Plan Fundamental Principles: The proposed General Plan Amendment land use changes listed above are based on the over-arching principles, and Goals, Objectives, and Policies of the General Plan, as described in Section 7.0 of the adapted Land Use and Transportation Element. The primary principles and goals against which the Bayfront Area Plan is framed include the following: A Balance of Land Uses: The Bayfront Area Plan land uses include entertainment, retail, culhiral, residential, office, parks and natural open spaces that are balanced. ^ Urban Design and Form: The Bayfront Area Plan contains policies that stipulate high quality architecture and landscape architecture within the Bayfront. _Compatible Land Use and Edge Transitions: The Bayfront Area Plan contains policies that address compatibility between higher intensity uses at the core and transition to lower intensity uses at the edge, including the interface between development and sensitive natural resources at the fringe. Enhancing Community Irna~e: The primary goal of the Bayfront Area Plan is to enhance Chula Vista's waterfront image by establishing the Bayfront as a focal point via high quality development, multi-modal transportation, and water-oriented recreational amenities. ^ Re ~onal Coo eration and Coordination: The Bayfront Area Plan stipulates ongoing efforts between the City, Port District, including Federal and State Agencies to ensure its success. 1-79 Resolution No. Page 4 of 7 3. The ro osed land uses within the Ba front Planning Area that are balanced and cohesive: The Ba front Area lanned land uses are balanced and cohesive that would result in an attractive Ba front as awater-oriented focal oint for Chula Vista. ^ Balanced: The General Plan Amendment includes a balanced mix of land uses in the Bayfront Planning Area. Lower intensity uses are proposed at the periphery such as parks and maritime recreational facilities. More intense uses such as a Convention Center, Hotels, High density residential and Commercial are located within the core. The proposed types and location of land uses are intended to foster a dynamic plan that distinguishes the Bayfront as a first class bayfront. ^ Cohesive: The General Plan Amendment proposes cohesive land uses within the Bayfront amongst the three Subareas, including anew Bayfront High Residential land use designation as described below: ^ Sweetwater: This northerly portion is envisioned to have a mixture of employment uses, visitor-serving hotels and restaurants located in proximity to Interstate 5 that are sensitive to the surrounding natural environment. These uses integrate the existing views of the Bay and the Sweetwater Marsh Wildlife Refuge, including linkages to the Bayshore Bikeway, Chula Vista Greenbelt trail system, and the Urban Core. It is intended as the lowest intensity of uses, and encourages development activities that minimize impacts to surrounding environmeritally sensitive lands. ^ Harbor: This central area is envisioned to have a major conference center, cultural facilities, offices, hotels, high-rise residential, shops and restaurants, piers, and a central promenade. It is intended as the focal point and core of the Bayfront with the highest intensity of uses. The General Plan Amendment stipulates that new development should reinforce its identity as the City's Bayfront focal point. The Bayfront High Residential designation allows 65 to 110 dwelling units per acre, and accommodates a housing type that is characteristic of the higher-rise residential uses in the Bayfront Planning Area's Harbor District. Ancillary commercial uses are allowed within this designation to create vitality and pedestrian orientation at the street level. ^ Otay: This southerly portion is envisioned to provide employment via a business park and minor visitor-serving commercial uses adjacent to Interstate 5. Other employment includes energy and utility-oriented industrial i~ses. A regional-serving recreational vehicle park and passive parkland provides nature-oriented visitor attraction near San Diego Say. It is proposed as the medium intensity of uses, and encourages development activities that provide employment, recreational and visitor-serving uses. 1-$Q Resolution No. Page 5 of 7 4. Balances and Preserves Environmental Resources: The Bayfront Planning Area contains sensitive biological resources, including the Sweetwater Marsh Wildlife Refuge. Environmental preservation. and resource management is important to minimize development impacts to these resources. Recreational uses such as boating, promenades and bicycle paths, and passive parks are proposed at the fringes of the site that interface with sensitive resources. These recreational uses take advantage of the natural beauty and provide axrzenities to serve residents and visitors. The Plan reinforces the importance of the preservation of existing sensitive resources at the fringe, and provides guidance for futuxe development to be complimentary and harmonious with the natural beauty and setting of the Bayfront. ^ Balance: The General Plan Atxaendment prescribes the creation of parks and recreational opportunities that protect the natural beauty of the Bay and improve access for residents and visitors to these amenities, and the balance between development and recreational uses with the natural environment of the Bayfront. ^ Preserve: The General Plan Amendment stipulates the conservation of natural open space within the Bayfront Planning Area, and encourages development activities within the Sweetwater Subarea that minimizes impacts to sensitive lands adjacent to the Sweetwater Wildlife Refuge. 5. Accommodates and Enhances Multi-modal mobili that romote ublic access to the Ba front: Improved access to the Bayfront is necessary for efficient ingress and egress, and enhances public access to the Bayfront. The proposed roadways are intended to be a multi-modal (i.e. vehicular, transit, pedestrian, bicycle) circulation system that provides safe public access to the waterfront. The multi-modal circulation system allows for a variety of transportation choices that link the Bayfront, both internally and with the surrounding area. ^ The General Plan Amendment prescribes the provision of a multi-modal system that will accommodate public access to the Bayfront, including the proposed roadways that would enhance public access to the Bayfront. ^ The General Plan Amendment stipulates the establishment of linkages between the Bayfront Planning Area and the Northwest Planning Axea for pedestrians, bicycles and transit. ^ The General Plan Amendment stipulates the establishment of roadways in the Bayfront Planning Area that respond to conditions within a more urbanized environment that are pedestrian-oriented, and facilitate multi-modal design elements and amenities. ^ The General Plan Amendment stipulates increase mobility for residents and visitors within the Bayfront Planning Area. 6. The General Plan Amendment is consistent with and embraces the themes of the General Plan.: The Chula Vista Bayfront Master Plan's land use pattern is consistent with the proposed General Plan. Amendment framework, and adoption will create consistent vision and provisions 1-81 Resolution No. Page 6 of 7 for the Bayfront development. The General Plan Amendment embraces the themes espoused by the adopted General Plan, such as: ^ Strong Community Character and Image: The Bayfront is envisioned as a first class bayfront that is awater-oriented focal point for the City, and distinguished as a potential location for high-rise development; ^ Health and Sustainable Economy: The balanced mix of uses provides a broad range of business, employment, and housing opportunities that support and improve the ability far residents to live and work locally; ^ Stron and Safe Neighborhoods: Anew Bayfront with its unique character that encourages pedestrian-oriented "human-scale" interaction, accessibility to parks and recreation facilities, and provision of cultural amenities contributes to the diversity of Chula Vista's mix of neighborhoods; ^ Improved Mobility: The proposed circulation routes that allow for multi-modal choices (walking, bicycling, transit, shuttle service, and automobile) will improve and enhance public access to the Bayfront; ^ Healthy and Sustainable Environment: By establishing the development footprint which respects and preserves sensitive resources at the fringe, the Bayfront promotes a sustainable and healthy land use pattern; ^ High Quality Community Services: The Bayfront will have new parks and a new fire station that ensures a high level of public services and amenities to serve future residents; and ^ Sha in the Future Throu h the Present and Past: The Bayfront Area Plan represents the input of the citizens of Chula Vista through an extensive public participation process, and when implemented will provide Chula Vista with a unique sezise of place at its waterfront. The General Plan Amendment is also consistent with the existing Goals, Objectives and Policies of the adopted General Plan. N. APPROVED GENERAL PLAN AMENDMENT CONTENT The amendments to the Chula Vista General Plan hereby adopted pursuant to section V below by the City Council, consist of the following documents listed below included in the record of proceedings, and on file in the City Clerk`s Office: 1. The proposed General Plan Land Use Diagram as depicted on Exhibit A, pertaining to the Bayfront Planning Area; 2. General Plan Proposed revisions pertaining to the Bayfront Planning Area. 1-82 Resolution No. Page 7 of 7 V. ADOPTION OF GENERAL PLAN AMENDMENT In light of the findings above, the General Plan Amendment {attached in the staff report as Attachment 10 and on file at the Office of the City Clerk) incorporated herein by this reference is hereby approved and adopted. Presented by Gary Halbert, AICP, PE Deputy City ManagerlDirector of Development Services Approved as to form by /_ Bart ~ es ~'L City Attorney 1-$3 yWam. ={,o, ti ~~u~, ~~~~.~ ~.~x~~zo~r ~ ~~~E~~~ ~L~~ ,~~n~~~n~~~vr t -I ~ w W 0. Pr~p~s~~d ~r~er~l PI~~ La~r~d U~~ I3i~g~ ~,~...~ ~.n'" ~q .u~ • ~,• ~ ~~ ~w ~ ~ ya ~ ;- ~~ _ ~' w ~ ' ~~ Nt ~',, f , N4 R - - t 1 ~ ~ '~ t i ^ tk x f ~ , ~ i3~~ L7seyn 4 a~ f ^ ._-,._~ P'RCiP~,IS~L~ I~,4YFRlf3L+~T ~~ 6'EI~IE(rAL PLATY L14~P~f3 USE ~! Lt (~ CIRCULATTF9IY AIW~fYf)MEfWT (FYGURE 5af~y - LEC3Ew~ BayPrpnt hligh Residential prpfessicanal 4 OtPce Cpmrrderelal Visitor l p~9 xed Use Gprnercal Limited lndustriasl ;' Genera[ Industrial Pualic & Ctuasi - public >I parks 8 Recreatlpn Open Space-Active Recreatipn ~ ~ Open Space ~ ~ Open Space Preserve ®~ ~ ~~ '° : r.lajpr Street Qt£ Laere) a r ~ ~ o ~ .s x q ® Majpr Street (4 Lanej I ® Glass I Callectpr ® Other Ftraads ~I ~,y~' Greentaelt'I"rall System Npt tp Scale ~.-~~ xhik~it ,~ RESOLUTION NO. 2010- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING CERTAIN FINDINGS, APPROVING THE AMENDED LAND USE PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND DIRECTING STAFF TO FORWARD THE SAME TO THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (Port District), in a collaborative effort with the community began working on a comprehensive Chula Vista Bayfront Master Plan in 2002 {"Proposed Project"); and WHEREAS, the land area, which is the subject matter of this resolution, is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street (LCP Area}; and WHEREAS, Califarnia State law requires that coastal cities adopt a Local Coastal Program {LCP) and said LCP must be certified by the California Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and WHEREAS, the current Chula Vista LCP was certified by the California Coastal Commission on 3anuary 15, 1993 and amended by City of Chula Vista City Council Resolution No. 17036 and Ordinance No. 2546 on March 23, 1993; and WHEREAS, in 2005 the City of Chula Vista embarked on a process to amend the 1993 LCP as a result of updates to the San Diego Unified Port District Bayfront Master Plan during the past few years and a proposed land exchange between the San Diego Unified Port District and a pxivate land owner; and WHEREAS, these conditions resulted in changes to 1) the Port District's and City's jurisdictional boundaries, 2) proposed development project, 3) land use designation, and 4) circulation/public access system within the Bayfront area which together constitute the "Proposed LCP Amendment"; and WHEREAS, the Proposed LCP Amendment is contained in a document known as Local Coastal Program Amendment (attached in the staff report as Attachment 14 and on file at the Office of the City Clerk); and 1-85 Resolution No. Page 2 of 4 WHEREAS, on May 18, 2010, a Planning Commission hearing time and place was set to consider said Proposed LCP Amendment and make a recommendation to the City Council and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 1,000 feet of the exterior boundaries of the LCP Area, at least ten {10) days prior to the hearing; and WHEREAS, a hearing at the tune and place as advertised, namely May 18, 2010, at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the amendment; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended that the City of Chula Vista City Council approve the Proposed LCP Amendment; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the Proposed LCP Amendment and; WHEREAS, notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 1,000 feet of the exterior boundaries of the LCP Area, at least ten {10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said amendment at the time and place as advertised, namely May 18, 2010 at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the amendment; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended that the City of Chula Vista City Council approve the Proposed LCP Amendment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: I. ENVIRONMENTAL DETERMINATION Pursuant to Section 15096 (f) and (i) of the California Environrn.ental Quality Act (CEQA) Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment the City Council has considered the Final Environmental Impact Report (EIR} SCH No. 2005081077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City Council has also 1-86 Resohrtion No. Page 3 of 4 made the requisite CEQA Findings of Fact pursuant to Section 15096 (h} of the CEQA Guidelines, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. II. CONSISTENCY WITH GENERAL PLAN AND THE COASTAL ACT The City Council finds that the proposed amendments to the LCP Land Use Plan are consistent with the City of Chula Vista General Plan and the policies of the Coastal Act. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the City and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. BE IT FURTHER RESOLVED, that the City Council, after considering all evidence and testimony presented, does hereby approve the Proposed LCP Amendment contained in a document known as Local Coastal Program Amendment (attached in the staff report as Attachment 14 and on file at the Office of the City Clerk) incorporated herein by this reference... III. SUBMISSION TO COASTAL COMMISSION BE IT FURTHER RESOLVED, that the City Council does hereby certify after a duly called and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510(a)). BE IT FURTHER RESOLVED, that the City Council finds that the LCP complies with the guidelines established by the Coastal Commission and contains materials sufFcient for a thorough and complete review (Public Resources Code Section 30510(b}}. BE IT FURTHER RESOLVED, that after a duly called and noticed public hearing the City Council does hereby direct the City Manager or his designee to submit this subject Resolution and the Proposed LCP Amendment, consisting of both the LUP and the Specific Plan, to the Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514). 1-87 Resolution No. Page 4 of 4 IV. EFFECTIVE DATE OF RESOLUTION This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal Commissions resolution of certification on the Proposed LCP Amendment pursuant to Title 14 of the California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day from and after this Ordinance's final adoption. Presented by Gary Halbert, AICP, PE Deputy City ManagerlDirector of Development Services Approved as to form by art M' ity A 1-88 C}~[ISLPa V'iSTA ~~1~I~C~I~T ~ LOCAL Cu~ASTAL PR~7~f'~ r~~r~~e LAC lannin~ ,~~r~~ .. a t, ~ LGF Planning Area ;_ i LCP P'(at7rtinlg~#,rea ~_ , ,.ctY aF Chula Vista _ ... _~.. 1-89 ~xllibit r4 ORDINANCE NO. ORDNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM, AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THRU 19.87, AND MAKING CERTAIN FINDINGS WITH REGARD THERETO WHEREAS, the City of Chula Vista (City} and the San Diego Unified Port District (Port District), in a collaborative effort with the community began working an a comprehensive Chula Vista Bayfront Master Plan in 2002 {"Proposed Project"); and WHEREAS, the area of land, which is the subject of this Ordinance is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two territory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street (LCP Area); and WHEREAS, California State law requires that coastal cities adopt a Local Coastal Program (LCP) and said LCP must be certified by the California Coastal Commission befare the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan and a Specific Plan; and WHEREAS, the current Chula Vista LCP was certified by the California Coastal Commission on January 1 S, 1993 and amended by City of Chula Vista. City Council Resolution No. 17036 and Ordinance No. 2546 on March 23, 1993; and WHEREAS, in 2005 the City of Chula Vista embarked on a process to amend the 1993 LCP as a result of updates to the San Diego Unified Port District Bayfront Master Plan during the past few years and a proposed land exchange between the San Diego Unified Port District and a private land owner; and WHEREAS, these conditions resulted in changes to 1) the Port District's and City's jurisdictional boundaries, 2) proposed development project, 3) land use designation, and 4} circulation/public access system within the Bayfront area, which together constitute the "Proposed LCP Amendment;" and WHEREAS, the Proposed LCP Amendmenfi is contained in a document known as Local Coastal Program Amendment {attached in the staff report as Attachment 14 and on file at the Office of the City Clerk); and 1-9D Ordinance No. Page ? of 4 WHEREAS, the Planning Commission set the time and place for a hearing on the Proposed LCP Amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 1,000 feet of the exterior boundary of the Proposed Project, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely May 18, 2010, at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission reviewed and considered the Proposed LCP Amendment; and WHEREAS, the Planning Commission after considering alI evidence and testimony presented recommended that the City of Chula Vista City Council approve the Specific Plan Amendment; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the Proposed LCP Amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 1,000 feet of the exterior boundaries of the LCP Area, at least ten (10) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said amendment at the time and place as advertised, namely May 18, 2010 at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafter closed; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the Proposed LCP Amendment; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended that the City of Chula Vista City Council approve the amendment to the Specific Plan. of the LCP; and WHEREAS, the City Clerk set the time and place for the hearing on the Proposed LCP Amendment to the Specific Plan of the LCP and notices of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 1,000 feet of the exterior boundaries of the LCP Area at least ten (10} days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Proposed LCP Amendment to the Specific Plan of the LCP was held before the City Council of the City of Chula Vista on May 18, 2010, in the Council Chambers in the City Hall, City of Chula Vista Civic Center, 276 Fourth Avenue, at 1:00 p.m. to receive the recommendations of the Planning Commission and Chula Vista Redevelopment Corporation, and to hear public 1-91 Ordinance No. testimony with regard to the same. Page 3 of 4 I. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: A. ENVIRONMENTAL DETERMINATION Pursuant to Section 15096 {~ and (i} of the California Environmental Quality Act {CEQA) Guidelines, after having taken into account both oral and written testimony at the subject public hearing and after having utilized its independent judgment the City Council has considered the Final Environmental Impact Report (EIR) SCIi No. 2005081077 as prepared by the San Diego Unified Port District and determined that the Final EIR was adequately prepared pursuant to the provisions of CEQA. The City Cotu~cil has also made the requisite CEQA Findings of Fact pursuant to Section 15096 (h) of the CEQA Guidelines, adopted a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Proposed Project all of which is on file at the Office of the City Clerk and in the Development Services Department located at 276 Fourth Avenue, Chula Vista, CA 91910. B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT The City Council finds that the Proposed LCP Amendment to the Specific Plan is consistent with the City of Chula Vista General Plan and the California Coastal Act Policies. The proposed amendment is based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront, leading to the development of a project that will minimize potential negative impacts. The amendment will also contribute to provide more direct access to the Bayfront and create better connection to the rest of the City and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendzxaent will be conducive to the development of the Bayfront and the creation of aworld-class destination far residents and visitors. II. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve the amendment to the LCP Specific Plan contained in a document known as Local Coastal Plan Amendment (attached in the staff report as Attachment 14 and on file at the Office of the City Clerk), incorporated herein by this reference and thereby amending Chula Vista Municipal Code Chapters 19.81 thru 19.87. IIT. SUBMISSION TO COASTAL COMMISSION BE IT FURTHER ORDAINED, that the City Council does hereby certify after a duly called and duly noticed public hearing that the LCP is intended to be carried out in a manner fully in conformity with the California Coastal Act of 1976 (Public Resources Code Section 30510{a)). BE IT FURTHER ORDAINED, that the City Council finds that the LCP complies with the 1-92 Ordinance No. Page 4 of 4 guidelines established by the Coastal Commission and contains materials sufficient for a thorough and complete review (Public Resources Code Section 30510{b)). BE IT FURTHER ORDAINED, that after a duly called and noticed public hearing the City Council does hereby direct the City Manager or his designee to subrnzt this subject Resolution and the LCP, consisting of both the LUP and the Specific Plan, to the Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514). IV. EFFECTIVE DATE This Ordinance shall take effect after the City Council acknowledges receipt of the Coastal Commissions resolution of certification on the LCP Amendment pursuant to Title 14 of the California Code of Regulations Sections 13544 and 13551 but no sooner than the thirtieth day fxom and after this Ordinance's final adoption. Presented by Gary Halbert, A1CP, PE Deputy City Manager/Director of Development Services Approved as to form by art Mz ~~ ity Attorney 1-93 CNLILA VISTA AYFRC7NT LC3CAI_ CODAS"IAL C'~DGR.~.~'I ~~p~~~ '~ 1~~t~~r~ LCP Planrtiing A~r:a LCP PI~Frrn~rrog Area ~____!GifN nF Ghula Vista u.e ~Pmn. 1-94 EXFlll~it A