Loading...
HomeMy WebLinkAboutReso 2011-112RESOLUTION NO. 2011-112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 11- O1/SCH2010101092) FOR THE OTAY VALLEY QUARRY RECLAMATION PLAN AMENDMENT; MAKING CERTAIN FINDINGS OF FACT; AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, Otay Valley Quarry LLC, submitted an application requesting approval of an amended Reclamation Plan ("Project"); and WHEREAS, a Draft EIR 11-01 for the project was issued for public review on March 17, 2011, and was processed through the State Cleazinghouse; and WHEREAS, public comments were received regarding the public review draft of the EIR 11-01, and pursuant to Section 15088 all comments received were responded to in writing; and WHEREAS, a Final Environmental Impact Report (EIR 11-01) was prepared for the Otay Valley Quarry Reclamation Plan Amendment; and WHEREAS, to the extent that the Findings of Fact for the Project, dated April 2011 (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conclude that proposed mitigation measures outlined in the Final EIR 11-01 aze feasible and have not been modified, superseded or withdrawn, the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City adopts the resolution approving the project. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program, Exhibit "B" of this resolution, a copy of which is on file in the office of the City Clerk, aze expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with these Findings of Fact and will be effectuated through the process of implementing the Project. NOW, THEREFORE, BE IT RESOLVED that the ,City Council of the City of Chula Vista does hereby determine, resolve and order as follows: I. Final EIR 11-01 CONTENTS That the final EIR 11-01 consists of the following: 1. Project EIR for the Otay Valley Quarry Reclamation Plan Amendment (including technical appendices); and Resolution No. 2011-112 Page 2 2. Comments and Responses (All hereafter collectively referred to as "FEIR 11-01") II. ACCOMPANYING DOCUMENTS TO FEIR 11-01 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact III. CERTIFICATION OF COMPIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 11-01, and the Findings of Fact (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 (Exhibit "B" to this Resolution, a copy which is on file with the office of the City Clerk) are prepazed in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 11-01 reflects the independent judgment of the City of Chula Vista City Council. V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council 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 the Findings of Fact, Exhibit "A" of this resolution, a copy of which is on file in the office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 11-01 and in the Findings of Fact for this project, which is Exhibit "A" to this resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the same. Resolution No. 2011-112 Page 3 C. Infeasibility of Alternatives As more fully identified and set forth in FEIR 11-01 and in the Findings of Fact, Section XII, for this project, which is Exhibit "A" to this resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that alternatives to the project, which were identified in FEIR-11-O1, were not found to reduce impacts to a less than significant level or meet the project objectives. D. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "B" of this resolution, a copy of which is on file in the office of the City Clerk. The Council further finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. VL NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et seq.). BE IT FURTHER RESOLVED THAT the City Council of the City of Chula Vista finds that FEIR 11-O1, and the Findings of Fact (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 (Exhibit "B" to this resolution, a copy which is on file with the office of the City Clerk) have been prepared in accordance with the requirement of CEQA (Pub. Resources Code, §21000 et seq.), CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista and therefore, should be certified. Presented by Approved as to form by 1~ Gary alb rt P.E., AICP len R. oogins , Assistant ' it Manager/Deveopment Services mey ~~ Director Resolution No. 2011-112 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of June 2011 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Ramirez ~~ Ak ~ . Cheryl Cox, ayo ATTEST: 0 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, Califomia, do hereby certify that the foregoing Resolution No. 2011-112 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of June 2011. Executed this 14th day of June 2011. d~ Noh~ Donna R. Norris, CMC, City Clerk