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HomeMy WebLinkAboutReso 1995-18057, - RESOLUTION NO. 18057 A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR 95- 03) FOR THE MCA CHULA VISTA AMPHITHEATER AND OPEN AIR MARKET WHEREAS, the area of the land which is subject of this resolution is diagrammatically represented on Exhibit A, attached hereto and incorporated herein by reference; consists of 72.5 acres located at the southwest quadrant of Otay Valley Road and Otay Rio Road ("Project Site"); and WHEREAS, Bitterlin Brice Development Partners for MCA Concerts, Inc. ("Applicant") proposed development of a 20,000 seat capacity amphitheater and open air market consisting of structures, seating and parking facilities ("Project") on the Project Site: and WHEREAS, on May 23, 1995 a duly verified application for a Conditional Use Permit (PCC-95-47) for the Project was filed by Applicant with the City of Chula Vista Planning Department; and WHEREAS, based on a preliminary review of the Project the Staff of the City ("Staff") has determined that the project may have an adverse impact on the environment; and WHEREAS, the Staff has determined that the project is not exempt, neither statutorily or categorically, from compliance with the statutory duty, as set forth in the California Environmental Quality Act ("CEQA") to prepare an Environmental Impact Report (CEQA Guidelines Sec. 15061 ); and WHEREAS, City retained the services of a Consultant to prepare the EIR on the Project; and WHEREAS, a draft Environmental Impact Report dated June 1995, evaluating the proposed MCA Chula Vista Amphitheater and open air market was prepared and was transmitted by the City of Chula Vista, as lead agency, to all concerned parties for review and comment; and WHEREAS, notice of availability of the draft Environmental Impact Report was given as required by law and by policy of the City of Chula Vista; and WHEREAS, a public forum on the project was held on June 22, 1995 for area residents to introduce to them the proposed land use and its impacts which included a presentation on the draft Environmental Impact Report; and WHEREAS, written comments from the public on the draft Environmental Impact Report were accepted from June 19, 1995 to July 19, 1995; and WHEREAS, on July 10, 1995 the Resource Conservation Commission accepted Environmental Impact Report, EIR-95-03, by a vote of 4 to 1; and WHEREAS, the City Planning Commission held a public hearing, accepted public Resolution No. 18057 Page 2 testimony and closed the public review period on the draft Environmental Impact Report on July 19, 1995; and WHEREAS, the Final Environmental Impact Report for the MCA Chula Vista Amphitheater dated August, 1995 (FEIR-95-03) includes the draft EIFI, all public comments received, all responses thereto and any and all Addendures thereto; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on September 6, 1995 and voted 6-0 to recommend that the City Council approve the Project in accordance with Planning Commission Resolution EIR-95-03, PCC-95-47A and PCC-95- 47B; and WHEREAS, duly called and noticed public hearings on the Project were held before the City Council of the City of Chula Vista on October 3, 1995, October 17, 1995, and November 7, 1995 to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. WHEREAS, The City Council of the City of Chula Vista has reviewed, analyzed and considered FEIR 95-03, and the environmental impacts therein identified for this Project; and WHEREAS, The City Council does finds that FEIR 95-03, has been prepared in accordance with requirements of the California Environmental Quality Act (CEQA), the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista; and WHEREAS, the City Council finds that FEIR 95-03 reflects the independent judgement of the City of Chula Vista City Council. NOW, THEREFORE, the City of Chula Vista does hereby resolve as follows: I. FEIR Certification A. Certification of Final EIR, FEIR-95-03 The City Council does hereby certify the final Environmental Impact Report, FEIR-95-03 as being prepared in accordance with the provisions of the California Environmental Quality Act and its Guidelines. B. Certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in the FEIR for the Project and in the CEQA Findings the Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described as feasible 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 same. C. Infeasibility of Alternatives. As is also noted in the above referenced environmental documents described Resolution No. 18057 Page 3 above, each of the alternatives to the project which were identified as potentially feasible in the EIR are found not to be feasible since they could not meet both the objectives of the Project and avoid the identified significant environmental effects through implementation of feasible mitigation measures for the reasons set forth in said CEQA Findings. D. Independent Judgment The City Council hereby finds and determines that their certification of FEIR 95- 03 is the product of their independent review and judgement. II. Notice of Determination. 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. III. Invalidity; Automatic Revocation. It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, if the City so determines in its sole discretion, this resolution shall be deemed to be automatically revoked and of no further in force and effect ab initio. Presented by Appr d as to/ Robert A. Leiter Bruce M. Boogaard Planning Director City Attorney "" ] ' lilt ~eso~u<~on No. ~S057 Resolution No. 18057 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None "~/?S~hir~~ Mayor ATTEST: ~Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18057 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of November, 1995. Executed this 7th day of November, 1995. ~Autl~elet, City Clerk