HomeMy WebLinkAboutReso 2010-113RESOLUTION NO. 2010-113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING CERTAIN FINDINGS OF FACT;
ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS AND ADOPTING A MITIGATION
MONITORING AND REPORTING PROGRAM AFTER
HAVING 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 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 Califomia Public Resources Code Section 21000 et seq. (the
Califomia 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 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 #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
Resolution No. 2010-113
Page 2
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 15088.50(1), the Port
advised that new comments must be submitted on the Revised Drafr EIR and that the Port would
respond in writing in the Final EIR only to those comments submitted in response to the Revised
Drafr 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 Drafr EIR and Revised Draft EIR, a list of all persons, organizations, and public agencies
commenting on the Draft EIR and Revised Drafr 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 clazify 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 clazifications 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 aze 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
Project. Other requirements are referenced in the MMRP that aze adopted concurrently with the
subject Findings of Fact and will be effectuated through the process of implementing the City's
Project.
Resolution No. 2010-113
Page 3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine and order as follows:
L CITY COUNCIL RECORD
That the proceedings and all evidence introduced before the Chula Vista Redevelopment
Corporation, Planning Commission and City Council at the public heazing 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
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 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 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 prepazed 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.).
Resolution No. 2010-113
Page 4
VI. INDEPENDENT JUDGMENT 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 FINDINGS OF FACT, MITIGATION MONITORING AND REPORTING
PROGRAM AND STATEMENT OF OVERRIDING CONSIDERATIONS
A. Adoption of Findings of Fact
The City Council does hereby approve, accept as its own, incorporate as if set
forth in full herein, and make each and every one of the findings contained in
Exhibit "A" 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, aze 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 project proponent or the
City) assigned thereby to implement the same.
C. Statement of Overriding Considerations
Even after the adoption of all feasible mitigation measures and any feasible
alternatives, certain significant or potentially significant environmental effects
caused by the project, or cumulatively, will remain. However, pursuant to CEQA
Guidelines Section 15093, the City hereby finds and determines that any
remaining significant effects on the environment which have been found to be
unavoidable as shown in the findings set forth in Exhibit "A" to this resolution aze
acceptable due to certain overriding concerns. Therefore, the City Council hereby
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.
Resolution No. 2010-113
Page 5
D. 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 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.
E. 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 or 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 permittee/project 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.
Presented by
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G Halbert, P ., A CP
Deputy City M ager/Development Services
Director
Approved as to form by
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Bafr'C. Mi feld
City Attorney
Resolution No. 2010-113
Page 6
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 18th day of May 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Ma r
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-113 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the l8th day of May 2010.
Executed this 18th day of May 2010.
Donna R. Norris, CMC, City Clerk