Loading...
Resolution 20-050RESOLUTION NO. 20-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, CERTIFYING AN ENVIRONMENTAL IMPACT REPORT (EA) 19-001 AND ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE FARM IN POWAY SPECIFIC PLAN (SPP) 18-001 INCLUDING THE SUBDIVISION OF 117 ACRES OF LAND AND THE CONSTRUCTION OF UP TO 160 HOMES WITH RECREATIONAL, AGRICULTURAL, AND COMMERCIAL AMENITIES; ASSESSOR'S PARCEL NUMBERS 273-110-07-00, 273-110-08-00 AND 273-110-18-00 WHEREAS, on April 16, 2019, the City Council approved a consultant agreement between the City of Poway and Dudek for the preparation of an Environmental Impact Report (EIR) for The Farm in Poway project; WHEREAS, The Farm in Poway Specific Plan contains definitions, a land use plan, development standards and design guidelines that sets the policy framework to guide development; WHEREAS, The Farm in Poway Specific Plan requires that the City amend the City's General Plan and Zoning Ordinance, including the General Plan Land Use Map and Zoning Map; WHEREAS, the potential impacts of the maximum development permitted by The Farm in Poway Specific Plan analyzed in the EIR include aesthetics, air quality, biological resources, cultural and tribal cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services, recreation, transportation and traffic, utilities and services systems, and wildfire risk; WHEREAS, a Notice of Preparation was filed with the State Clearinghouse on May 10, 2019 for a 30 -day review and a public scoping meeting was held on May 23, 2019; WHEREAS, a Notice of Completion for the preparation of the Draft Environmental Impact Report (DEIR) was filed with the State Clearinghouse on February 19, 2019 (Sch # 2019059048); WHEREAS, the DEIR was made available for public comments on February 19, 2020 for a 45 -day review; WHEREAS, the City has prepared responses to all the comments received on the DEIR which have been incorporated into the Final EIR; WHEREAS, on June 16, 2020, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, including the attachments, and has considered all other evidence presented at the public hearing. follows: Resolution No. 20-050 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as SECTION 1: The City Council hereby makes the following findings: A. The proposed Specific Plan is consistent with applicable land use plans and policies contained in the City's General Plan. B. That implementation of the proposed Specific Plan will not result in significant unmitigable environmental impacts. C. To ensure that potential environmental impacts identified in the environmental assessment are mitigated to less than significant, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) contained in the Final EIR. D. That the mitigation measures contained in the MMRP shall be incorporated on all projects, when applicable, as conditions of approval. SECTION 2: Section 15093 of the State CEQA Guidelines requires that if the project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. The project here will not result in any significant and unavoidable impacts. SECTION 3: Environmental impacts identified in the Final EIR as potentially significant, but that can be reduced to Tess than significant levels with mitigation, are described in Table 1-1 of the Final EIR and are incorporated herein by this reference. The City, having reviewed and considered the information contained in the Final EIR and the Record of Proceedings and pursuant to Public Resource Code §21081(a)(3) and State CEQA Guidelines §15091(a)(3), makes the finding that the project would not result in impacts that are unavoidable. All potential impacts would be mitigated to less than significant. Therefore, the project will not cause significant unavoidable adverse impacts. SECTION 4: Alternatives to the Project that might eliminate or reduce significant environmental impacts are discussed in Section 6 of the Final EIR. SECTION 5: In accordance with the requirements of the California Environmental Quality Act (CEQA), an EIR has been prepared for SPP 18-001 and associated entitlements Zone Change (ZC) 19-001, Zoning Ordinance Amendment (ZOA) 20-001, General Plan Amendment (GPA) 19-001, Tentative Tract Map (TTM) 19-002, Development Review (DR) 19-001, and Conditional Use Permit Application (CUP) 19-005, a request to adopt a specific plan, subdivide approximately 117 acres of land, and construct 160 homes with recreational, agricultural, and commercial amenities at the decommissioned StoneRidge Country Club. The City Council has considered the EIR, and public comments received on the EIR. The subject EIR documentation is fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, and in its own independent judgement, that there are no significant unavoidable impacts and that there were significant impacts, but they were all mitigated to be less than significant. Resolution No. 20-050 Page 3 SECTION 6: Prior to taking action, the City Council reviewed and considered and has exercised its independent judgment in considering the Final EIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings and finds that: the Final EIR has been completed in compliance with CEQA; the Final EIR was presented to the City Council and the City Council reviewed and considered the information contained in the Final EIR prior to taking action regarding the Final EIR; and the Final EIR reflects the City's independent judgment and analysis. No changes to the proposed Specific Plan, changes to the environment, comments on the proposed Specific Plan, or any additional information submitted to the City have produced any substantial new information requiring additional environmental review or documentation of the Project under CEQA. SECTION 7: The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including reasonable attorney's fees, collectively the "Claims" against the City or its agents, officers, or employees, relating to the issuance of any aspect of the project approval set for in this resolution, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval (including but not limited to SPP 18-001, ZC 19- 001, ZOA 20-001, GPA 19-001, TTM 19-002, DR 19-001, and CUP 19-005), any environmental document or decision made pursuant to CEQA (EA 19-001), and any portion of the ballot materials, ballot question, impartial analysis, arguments and rebuttals in favor of the project, and any other challenge related in any way to the November 3, 2020 ballot measure concerning The Farm in Poway project analyzed in the EIR. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation -related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. Notwithstanding the foregoing, no indemnity shall be required for claims resulting from the exclusive gross negligence or willful misconduct of the City. SECTION 8: The City Council hereby certifies the Final EIR (EA 19-001), the CEQA Findings of Fact, and the Mitigation Monitoring and Reporting Program (MMRP) included as "Exhibit A" to this Resolution available on file in the Office of the City Clerk. Resolution No. 20-050 Page 4 PASSED, ADOPTED AND APPROVED at a Regular Meeting of the City Council of the City of Poway, California on the 16th day of June, 2020 by the following vote, to wit: AYES: MULLIN, LEONARD, GROSCH, FRANK, VAUS NOES: NONE ABSENT: NONE DISQUALIFIED: NONE Steve Vaus, Mayor ATTEST: Faviola Medina CMC, City Clerk