HomeMy WebLinkAboutCVRC Reso 2010-007RESOLUTION NO. 2010-007
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 OF 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 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
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Page 2
WHEREAS, public comments on the original Drafr EIR aze 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 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; 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 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 Ovemding
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 aze 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
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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:
L CHULA VISTA REDEVELOPMENT CORPORATION RECORD
That the proceedings and all evidence introduced before the Chula Vista Redevelopment
Corporation 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 Califomia 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 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 Clerk) are prepared in accordance with the requirements of the Califomia
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
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at the subject public heazing 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 FINDINGS 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 afer 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.
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 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 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 Chula Vista Redevelopment Corporation hereby finds and
recommends that the City Council find, pursuant to Public Resources Code
Section 2108] and CEQA Guidelines Section 15091, that alternatives to the
project, which were identified in the Fina] EIR, were not found to reduce impacts
to a less than significant level or meet the project objectives.
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E. Adoption of 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.
Approved as to form by
PASSED, APPROVED, and ADOPTED by the Chula Vista Redevelopment Corporation
of the City of Chula Vista, this 18th day of May 2010, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Directors: Flores, Munoz, Paul, Reyes, Salas, and Lewis
Directors: None
Directors: Desrochers
Directors: None
Presented by
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ATTEST:
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Eric C. Crockett, Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Eric C. Crockett, Secretary of the Chula Vista Redevelopment Corporation of the City of
Chula Vista, California, do hereby certify that the foregoing CVRC Resolution No. 2010-007
was duly passed, approved, and adopted by the Chula Vista Redevelopment Corporation at a
special meeting of the Chula Vista Redevelopment Corporation held on the 18th day of May
2010.
Executed this 18th day of May 2010.
ric C. Crockett, Secretary
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