HomeMy WebLinkAboutReso 1992-16644 RESOLUTION NO. 16644
RESOLUTION OF THE CITY OF CHULA VISTA FINDING AND
DETERMINING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING
AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL
PROPERTY WITHIN THE OTAY VALLEY ROAD STREET WIDENING
PROJECT ALONG OTAY VALLEY ROAD BETWEEN INTERSTATE 805
AND THE EASTERN BOUNDARIES OF THE CITY, IN CHULA VISTA,
CALIFORNIA
WHEREAS, the City of Chula Vista is a chartered municipal corporation of
the State of California ("City"); and,
WHEREAS, in conjunction with its municipal purpose of providing
transportation facilities, the City has resolved to widen Otay Valley Road,
currently a two lane aspbaltic roadway to a 6 lane prime arterial and major
street between 1-805 and the eastern City boundary, and have formed the Otay
Valley Road Widening Assessment District No. 90-2 consisting of various parcels
contiguous or proximal thereto and benefitting therefrom ("Project"), five of
which include the parcels ("Properties") which are legally described in Exhibits
A-1 through A-4 and diagramatically shown in the corresponding maps designated
as Exhibits B-1 through B-4, all of which are attached hereto and incorporated
herein by reference; and,
WHEREAS, at the regular meeting of the City Council held on May 26, 1992,
the City received substantial and convincing evidence that the public interest
and necessity require the project, and the Proposed Project is planned and
located in a manner that will be most compatible with the greatest public good
and the least private injury, and in order to effectuate the Project, the
acquisition of the Properties are necessary.
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the City engaged in good faith negotiations for the voluntary
acquisition of the Property which efforts included the extension of offers for
the acquisition of same at fair market value, and various meetings with the
affected owner and interest holders in the Property; and,
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the acquisition of the Property is for a public use, to wit: the
widening of a transportation facility; and,
WHEREAS, the City is authorized to acquire the hereinafter described real
property, or easement interest in real property, pursuant to California Code of
Civil Procedure Sections 1245.210 through 1245.270; and,
WHEREAS, at a regular meeting of the City Council held on April 21, 1992,
("EIR Meeting"), the City Council reviewed and considered the environmental
consequences resulting from the proposed Project all as more fully set forth as
the proposed project in the EIR No. 89-01; and as a result thereof, the City
Council adopted, prior to the adoption of this Resolution, Resolution No. 16599
at said EIR Meeting, finding that the Environmental Impact Report was prepared
in compliance with CEQA ("Council Certification Resolution"); and,
Resolution No. 16644
Page 2
WHEREAS, the City has considered all of the evidence submitted at the
hearing including the staff report;
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, RESOLVE AND
DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS:
1. Findings Related to Necessity of Project.
A. Public Interest and Necessity Require the Project.
The public interest, convenience and necessity of the City of
Chula Vista, and its residents, require the Proposed Project
in order to further the implementation of the Otay Valley Road
Redevelopment Project Area Plan, and provide consistency with
the City of Chula Vista's Updated General Plan.
B. Project Planned and Located for Greatest Public Good and Least
Private Injury.
Natural habitat and terrain concerns along with existing
developed properties are barriers which prohibit the road from
being widened in another shape and/or configuration without
unnecessary harm to the public good and undue private injury.
The widening, planned for the south side of the road, is the
only viable alternative due to the existance of existing
subdivided and developed property, along with steep and
substantial slopes, along the north side of the road.
C. Properties are Necessary for the Project.
The property easements are necessary for the project since
they are located within the proposed right-of-way, slope
easements and temporary construction easements as illustrated
in Exhibits B-1 through B-4.
2. Voluntary Offer to Purchase the Property Made.
The offer required by Section 7267.2 of the Government Code has been
made to the four (4) owners of record for the acquisition of the
required easements to the five (5) remaining parcels necessary for
the project.
3. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, and all appropriate officers,
representatives and attorneys is hereby authorized and empowered to
acquire the easements to said Property by condemnation in the name
of the City of Chula Vista to be used for the municipal purpose of
enhancing a transportation facility, in accordance with
the provisions of the Code of Civil Procedures, and the Constitution
of California related to eminent domain, and to that end, it is
authorized and directed to commence and to prosecute an action or
Resolution No. 16644
Page 3
actions in eminent domain for the purpose of acquiring easements to
the Property.
4. Retention of Eminent Domain Counsel Authorized.
The City Attorney for the City of Chula Vista, as General Counsel,
and the law firm of Daily & Heft, special attorneys for City are
hereby authorized to prepare and prosecute in the name of the City,
such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and to
prepare and file such pleadings, documents, briefs, and other
instruments and to make such arguments and to take such actions as
may be necessary in the opinion of said attorneys to acquire for
said City the said real property. Said attorneys are specifically
authorized to take whatever steps and/or procedures are available to
them under the Eminent Domain Law of the State of California
including but not limited to Code of Civil Procedure, Title 7,
Chapters 1-12, Sections 1230.010-1273.050}.
5. Compliance with CEQA Certified.
In previous proceedings held by the City Council, at the EIR
Meeting, the City Council, reviewed and certified the Final
Environmental Impact Report ("FEIR") was prepared in accordance with
CEQA all as more fully set forth in the Council Certification
Resolution.
6. CEQA Findings
The Council has reviewed and considered the FEIR, No. 89-01, and has
fully considered the environmental effects of the project as shown
therein. The City Council hereby finds as follows:
A. Adoption of Findings.
The City Council has reviewed, considered, and wholly agrees
with the contents and does hereby approve, accept as its own,
incorporate as if set forth in full herein, and makes each and
every one of the CEQA Findings of Fact attached hereto as
Exhibit C-1, except as noted below in subsection {c).
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit C-1 attached
hereto, the City hereby finds, pursuant to Public Resources
Code Section 21081 and CEQA Guidelines Section 15091, that the
mitigation measures described in the FEIR as
feasible are in fact found by the City Council to be feasible,
and will become binding upon the City.
C. Infeasibility of Alternatives.
Resolution No. 16644
Page 4
As set forth in Exhibit C-1 attached hereto, the City Council
hereby finds that none of the proposed project alternatives
set forth in the Final EIR can feasibly and substantially
lessen or avoid the potentially significant adverse cumulative
environmental effects that will not be substantially lessened
or avoided by the adoption of all feasible mitigation
measures.
D. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section 21081.6, the City
hereby adopts the mitigation monitoring and reporting program
("Program") set forth in Exhibit C-3, incorporated herein by
reference. The City hereby finds the Program is designed to
ensure that, during Project implementation, the Project
proponent, and any other responsible parties, implement the
Project components and comply with the feasible mitigation
measures identified in the Exhibit C-3.
E. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures
and alternatives, certain significant or potentially
significant adverse environmental effects caused by the
Project will remain. Therefore, the City hereby issues,
pursuant to CEQA Guidelines Section 15093 and as set forth in
Exhibit C-2 attached hereto, a statement of overriding
considerations identifying the specific economic, social, and
other considerations that render that unavoidable significant
adverse environmental effect acceptable.
Chris Salomone Bruce M. Boog
Community Development Di rector City Attorney
Resolution No. 16644
A-1Page 5
EIHIll!~i~s"A-1 through A-4
ATOMIC INVESTMENTS INC~ A CALIFORNIA CORPORATION
(PAC BELL PARCEL)
ALL 13lAY PORTIO~ OF THE SOUTHEAST qUARTKR OF THE NORTHEAST QUARTER
OF SECTION ~4, TOWNSHIP IS SOUTH, RANGE Z WEST~ SAN BERNARDINS
MRRIDIAN, lW ~ CITY ~ Cli'ULA VISTA, C~NTT Ole SAN DIE(M), STATE
OF CALIFORNIA, ACC(MIDINO TO UNITES) ETATIE ~ SURVK~
DESCRIBED AS FOLLOWSI
PARCEL I (RIGHT-OF-WAY)
THAT PORTIOH OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE
TO PACIFIC TELEPHONE AND TELEGRAPH COMpANye A CALIFORNIA
CORPORATION FROM SAN DIEGO TRUST AND SAVINGS RECORDED MARCH
1974 AS PILE/PAGE 74-07X187 OF OFFICIAL RECORDSt DESCRIBED AS
FOLLOWEr
A STRIP OF LA~D 24.00 FEET IN WlDTII LYING SOUTHERLY OF AND ADJACENT
TO THE FOLLOWING DESCRIBED LXNE|
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID SECTION
DISTAJCrTBsemta)N SOUTH OeSG'IT'' WEST SI,00 FRET FROM THE CENTERLINE
OP 0TAT VALLEY ROAD AS SAID CENTERLINE IS SHOWN ON A MAP OF
PRINCESS MANOR UNIT NO. S, MAP NO. SIZE, RECORD8 OF SAID COUNTYJ
THENCE NORTH 89°30'13" WEST PARALLEL WITH SAID CENTEP~INR 380.00
FKET,
THE ~IDELINE OF SAID EASEMENT SHALL BR FORESHORTENED OR EXTENDED
TO TERMINATE IN THE EASTERLY AND WESTERLY PROPERTY LINES OF THE'
ABOVE DESCRIBED PARCEL.
SAXD PARCEL CONTAINS 0.it ACRES'MORE OR LESS.
PAaUL I (SLOPS r. AE/ItINT)
AN EASEMENT ~ SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASH TO PACIFIC
TELEPHONRANDT~LEG~APH COMPANY, A CALIFORNIA CORPORATZON, FROM SAN
DIEGO TRUST AND SAVINGS RECORDED MARCH El, tVT4 AS FILE/PAGE 74-
O~IIaT OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWEr
SAID EASEMENT BEING BOUNDED ON THE NORTH BY TEE SOUTHERLY LINE OF
PARCEL 1 AS DESCRIBED ABOVE AND ON THE SOUTH BY THE FOLLOWING
DESCRIBED LINEs
BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID SECTION
DISTANT THEREON SOUTH OtSS'XT" WEST 83.87 FRRT FROM THE CENTRRLINR
OF STAY VALLRY ROAD AS SAID CENTERLINE IS SHOWN ON A MAP OF
PRINCESS MANOR ~NIT NO. S, MAP NO. BESS, RECORDS OP ~PD COUNTYI
THENCE NOKTH 69 Z9*S0" WEST ~1.88 PREYS TRENCH NORTH SS aS'BE" WEST
98.00 YErrl THEIqCE SOATH 89 39'D5" WEST Z0~.93 FEET! THENCE NORTH
OsZS'4Tw EAST S.~Z PERT MORROR LESS, TO THR INTERSECTION WITH THR
SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL I AND THE TERMINUS OF
THIS BAJRMENT,
SAID PARCEL CONTAINS 0,0~ A~uuS MOB/CR LESS.
PARCEL a (TEMPORARy CONSTRUCT~OW EASRMENT)
A TEMPORARY EASEMENTFORCONSTRUCTION PURPOSES OVKR A STRIP OF LAND
SO PBET IN WIDTH LYING SOUTHERLY OF AND ADJACENT.TO AND.PAP. ALLHL
WITH THE SOUTHBRLY LINE OF PARCEL S AS DESCRIBED ABOVE.
Resolution No. 16644 A-2
Page 6
EXHIBIT "A"
WALKER SCOTT
THAT PORTION OF SECTION IS, TOWNS!lIP 18 SOUTH, RANGE i WEST, SAN
BERNARDINS MERIDIAN, IN THE CITY OF CHULA VISTA, 'COUNTY OF SAN
DIEGO, STATE OF CALIFOBJ~IA ACCORDING TO THE D~ITED
GOV~ItNMENT SURVEY, APPROVES SKPT~MBFR il, 1878, BRING DESCRIBED AS
FOLLOWEl
PARCEL I (BIGHT-OF-WAY)
COMMENCING AT TIlE WOR~IWEST CORNER OF THE SOUTHEAST QUAKTER OF THE
NORTHWEST QUARTER OF SAID SECTION iSI THI~CE ALONG THE NORTHERLY
LINE OF LOTS OFTilE SOUTI~EST
t qUARTER NOR~mEST QUARTER OF
SAID SECTION IS, NGRTII 88 SO'4S** WEST (NORTH SStS~*01" WEST RECORD
PER RECORD OF SURVEY NO, 10117) XOS.0X FEET 'TO A POINT ON THE
WESTERLY LINE OF THE EASTERLY iSS,00 FEETtOY SAID LOT if THEHOE
W U
SOUTHERLY ALONG SAID ESTERLY LINE SO TIi 0 19'03" WEST S0,00 FELT
TO A POINT ON Tile SOUTHERLY RIGHT-OF-WAY OF STAY VALLEY ROAD
ACCORDING TOROADBURVRY NO. IS4 PERT HE MAP THEREOF ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY AND AS GRANTED TO TilE
COUNTY OF SAN DIEGO BY DEED RECORDED AUGUST 9, 1001 IN BOOK 3X0,
PAGE 48 OF DEEDS, SAID POINT BEING THE TRUE POINT O~ BEGINNINGI
THENCE EASTERLY ALONG SAID RIGHT'OF-WAY LINE SOUTH 88 86*48" EAST
I4ST.TS FEET TO A POINT ON THE NORTH=SOUTH CENTERLINE OF SAID
SECTIOHt THENCE ALONG SAID NORTH-SOUTH CENTERLINE OF SAID SECTION
NORTH 0 21'88' EAST S.GS FEET TO A POINT ON THE SAID SOUTHERLY
RIGHTsOY-NAY LINE OF SAID STAY VALLp~ ROASt THENCE ALONG SAID
SOUTHERLY RXUIIT-OF-WAY LINE SOUTH 72 OT*O0** EAST (RECORD SOUTH
72t06'48" EAST) 785.78 FEET MORE OR LESS TO POINT "Z" AS DESCRIBED
IKA DEED TO TIIE COUNTY OF SAN DIROOm RECORDED dUNE SS, iSIS AS
FILE NO. 79-270881 OF OFFICIAL R~CORDSI THENCE ALONG~IE SOUTHERLY
LINE OF SAID D~D THE FOLLOWING COURSESt SOUTH eStS0'SE~ EAST
(RECORD SOUTll SS SO*40'oEAST) JOE.IS FEETI THENCE SOUTH 72
EAST (RECORD SOUTH 78 08'45*'e EAST) 430.00 FELT| THENCE SOUTH
74e14*JS" EAST (RECORD SOUTII 74 2&'II" EAST) 800.18 FEET TO A POINT
ON THE SOUTHERLY RIGlIT-OF-WAY LI~E OF SAXD ROAD SUR~EY WO, lS4l
T
THENCE ALONG SAID 'SOD IlKELY RIGHT-OF-NAY 8OUTH TS 07*00" EAST
(RECORD SOUTH 72e06'48'' EAST) 248.EZ FERTt***~tENCK PERPENDICULAR AND
SO
EADIALLY TO SAID KXGIIT-OF-WAYLINE NORTH iT 83*00w EAST .00 FEET
TO A POINT ON TIlE CENTERLINE OF SAID STAY VALLEY ROAD AS SAID
CENTERLINE IS SHOWN OH RECORD OF SURVEY MAP NO. XOXJ7, SAID POINT
ALSO OWING THE DECINNING'OF A TANGENT CURVE CONCAVE NOKTHERLY AND
HAVING A RADIUS OF itSO.0 FEET A RADIAL BEARING TO SAID POINT DEARS
SOUTH 17083*00" WEST! THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 36j3~'28° A L~NGTH OF 788.78 FEETIoTHENCE
TANGENT TO SAID CURVE NORTH 71 J3'32" EAST (RECORD NORTH ?1 I2'SS"
EAST 94,87 FELT) 98.18 FEET MORE OR LESS TO THE EASTERLY LINE OF
SAID SECTION tS~ THEKCE ALONG SAID EASTERLY LINE SODTH O:SSe84e WEST
T t
(RECORD SOUTH 0 0S'J0" WEST) 84.44 FERTI THENCE SOUTH 4 it'i ~ WEST
iNS.S8 FEET TO ~IR DEGINNING OF A TAWCE;T CURVE CONCAVE WORTHERLT
AND IIAVING A P. ADIUS OF 1882.9? FEETt THENCE WESTERLY AND
NOR~mESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE
OF 32°51'01" A LENGTH OF T3S.SS PEETI THENCE TANGKIT TO EAID CURVE
NORTHTEeS6*47" WEST 684.70 FEETI THENCE NORTH ~200T*00~ WEST 433.US
FEET| TIIENCE NORTH 71008*80" WEST 460.70 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND RAVING A RAdiUS OF
1938.00 FEET, A RADIAL SEARING TO SAID POINT BEARS NORTH 17
BASTE THENCE WESTERLY ALONG T HE ARC OF SAID C~.'RVETHROUGIIA CENTRAL
ANGLE OF 8004*17" A LENGTH OF ~78.~3 FB~TTO A POIWT(XQTHE EASTERLY
LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST ~UARTERi THENCE
NORTil 0021*38" EAST ALONG SAID EASTERLY L1NR ~.58 FEET TO A PO1XT
ON THE SOUTIIERLY LINE OF STAY VALLEY ROAD AS SAID LINK IS SHOWN ON
RECORD OF SURVEY NO. 101~71 THEXCR ALONG SAID SOUTRERLY
PARALLEL WITtl AND DISTANT iS.00 FEET AS MEASURED AT RIGHT A~GLES
TO TIIE CENTERLINE OF SAID UTAY VALLEY ~O~ AS SAID CENTERLINE
NIlOWN ON SAID ROAD SURVEY NO. 184, NORTtI 88 86*45" WEST 208.~1 FEETI
Resolution No. 16644
Page 7
THENCE SOUTH 0m21'38' WEST PARALLEL WITH THE AFORESAID EASTERLY
LINK OF TIlE SOUTIIEAST QUARTER OF TIlE NORTHWEST qUARTIRm 51 .St FEET
TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY AND iIAV/NO
A RADIUS OF 1936.00 FEKT, A EADIAL BEARING TO SAID POIIfT BEARS
NORTH 3tSS'/O" EASTI TIIENCE WESTIGZLY ALONG THE ARC OF SAID CURVE
111ROUGll A CENTRAL ANGLE OF leSS*iSw A LHNGTH OF iS.BE FEET; THENCE
PARALLEL WlTII AND DISTANT ~S.00 FEET AS MSASURED AT RIGHT AROLES
FJ~ 'rile CENTERLINE OF OTAY VALLEY ROooA~ AS SAID C&*NTERLINE IS SHOWN
ON SAID ROAD SURVEY frO, iS4, NOETH 88 aS'41e WEST 1183,13 FEET TO
~ TO TDI TItlE POINt Ol ~IHNIHG.
ENCEPTING THEEEFROM ANT PORTION OF lAID LA~D LYING WITHIN PUBLIC
lIGHT-OF-WAY AE EllOWN ON ROAD SUaVVY NO,
SAID PARCIL CONTAINS S,OS ACRES MORE OR LESS,
FARrtL is (SLOPI
AN EASEMENT ~OR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
SECTION iS, TOWNSHIP 18 SOUTll, RANGE I WEST, SAN BERNARDINS
MERIDIAN, IN TIlE CITY OF ClIULA VISTA, COUNTY OF SAN DIEGO ACCORDING
TO UNITED STATES SURVEY APPROVES SEPTEMBER lie 187S BEING DESCltlBED
lAID gAIilll]rl IS BIMJND~D ON THE NORTH BY THE 8OU~HEELY LINE AS
DESCRIED IN PAItCEI- Z ABOVE AND ON THE SOUTH BY THE FOLLOWING
DISI3IIBI~) LINII
SaGINNING AT A POINT IN THE WESTERLY LINE OF THE EA~oT, ERLY lSS.00
FEET OF SAXD LOT Z, OF SECTION iS, DISTANT THElEON 00 iS'03' WEST,
aS.mS FEET FROM THE TP. UE POINT OF BEGINNING AS DESCRIBED IN PARCEL
I AEOVEZ
08e0T'~0e EAST 20.S8 FEET|
S0 00'00' EAST it.00
THENCE NORTH Ilsa0'ST'' EAST S4.S8 FEET;
THENCE NOI~TH SamSO'S6~ EAST t3,90 FEETI
THENCE SOUTH 88m39'34' EAST SO,aS FEET;
THiNCI NORTH/Tell'IX~ EAST S~,Ol FEETI
2q!INCE SOUTH IS:SO'iS" EAST St,0S FEETI '
THENCE NOBTH Ilell'0S" EAST 13.44 FElTi
111NCl NORTH 89 S4'SO' EAST Sl.S8 rgiTI
THENCE SOUTH SlmS0'14" lIST ST,ST YliTI
THENCE SOUTH 14mOS'14*' lAST i0O,SS FEltS
THINCl EOUTIf ICeIS*S4e EAST i00,S8 FEETI
%'TIENCE NORTH SEeiX*St' EAST 10O,lS FEETI
THENCE SOUTH 8~w48'i9" EAST Z00,0X FEET|
THENCE WORTH 88eBB*SO'* EAST ZOO.tO FEET|
THENCE.SOUTH mTe48'O0' EAST 100,02
THENCE SOUTH el|ST*S0' EAST 171,81 FEET;
THENCE NORTEl 00e21'38' EAST ALONG THE EASTERLY LINE A~D THE
SOUTHERLY PROLONGATION THEREOF, OF PARCEL I DESCRIBED ABOVE 80,94
FEET TO All ANGLE POINT IN TH~ SOUTHERLY LINE OF lAID PARCEL
THENCE SOUTH SSeSO'4S' EAST ALONG SAID SOUTHERLY LINE 2o8,,1,1 FEET
TO AN ANGbE POtHT IN SAID SOUTHERLY LINEI THENCE SOUTH O0 Zl'38"
WEST ALONO THE WESTERLY LINE OF lAID PARCEL I AND THE SOUTHa~aU/~*
PROLONGATION TH~,EOF 10S,90 FlZrt
THENCE SOUTH ~S 0 '03' I~lT SlieSt El]HI
THINCl aSIA1 Yl~S'0S~ lIST IO0,14
0 EAST tie,aS FEET;
THIWCR SOUTH ~*033'4 "
TElINCH SOUTH lT~SS'31" EAST SOS.SS FEETI
THENCE SOUTH TOoSS'li' BAST 98,38 FlEEt
THB~ICE SOUTH eS,0Z'0V~ BAST 103,88
THENCE SOUTH V6 0S'iS" BAST 10i,t0 FEETt
THENCE IOUTH aSsET'IS' lAST 101,48 FEATS
THENCE SOUTH SToSi*3S' EAST lO0,T0 FEET|
Page 8 ~NCZ SOUTH 3 = lAST 10~.03
83s 3'1"
~st 100,49 Flit
~ENCE SOUTH 7OrAl*0"
~Cg SOUTH 68t54"48' ~AST 102.82
' ~Cl SOUTH ?it~l'01" ~IT
~Cg IOU~ T0 ~1'~' EAST 10l,lO F~T
~Cl IOU~ 8~t46'~9' ~ST
TH~CE IOU~ 29t08'53" ~IT lOt.iS FlIT
THE~ NOI~ 8~ 48'19" lit
~X~Cl NORTH ~:18'30" ~IT lOl,li ~t
TR~CE NOR~ ?6i26'06" EAST loe.zt
~CE NORTH litIT'll" BAST 95,10 Fg~ TO ~E EASILY LINB OF SAID
SECTION ig AND TI!B TE~INUS OF THIS RAS~T,
SAID F~CE~ CONTAINS 2,70 ACRBS MO~
PARCEL 2l (T~PO~EY CONSTRUCT/ON BAE~KNT)
A T~PO~RY EAS~ENT FOR CONSTRUCTION P~RPOSES OVER A S~IP OF LAND
t0,00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT TO AND P~ALLEL
WITH THE 2OUTHERLY LINB OF P~CEL 2 DESaIBED
~E T~INATION DATE FOR TIllS T~PO~RY CONSTRUCTION
BE 90 ~AYS ~ THE FILING OF ~!E HOTICE OF C~PLETION OF
CO~STRU~ION,
ATTA~ED H~O AND MADE A P~T OF ~IS LEGAL DES~IPTION IS A PLAT
LABELED ~HIBIT
. THIS LEGAL DESalFTION AND PLAT WERE ~EP~ED BY ME O~ UND~ MY
DIRECTION,
CECIL
P,L,S, 299~
Resolution No. 16644
A-3 Page 9
EXHIBIT "A"
H.G, FENTON MATERIAL COMPANYm A CORPORATION
TIIATPORTION OF THE SOq,IIIIWISTqlJART~OIPI'BXNOIT!IIIXHTI~UARTlkltOi'
SgC'riON ZOm TO~I~SHIP It SOqJTlim P.A~GE i Wg~Tv e~ BE~A~DINO
M~IDIANm IN ~S CI~ OF ~ VIETAm ~ O~ SAN Dll~m STATE
OF CALIFORNIAm ACCORDING TO UNITED fTATES ~VER~E~T SURV~,
APP~V~ S~B9 11m 1870m DENS/BED AS FOLLOWEr
BNINNING AT A ~lN~ OF l~Bffl~ Wl~ ~i ~T~LINB OF OTAY'
VALL~ ~AD WITN ~E EAST~Y LINE OF $ECTIO~ 19m ~NSHIP 18
SOU~, ~HGK ~ WEST AS SAID POINT IS 5H~ OF~COBD OF SURVEY MAP
NO. 101Z7 ON FILE WITH THE ~VNTY RECORDE~ OF SAID ~UNTYI THENCE
NORTHERLY ALONG SAID EASTERLY SECTXON LINE NORTH 0JJO*34' EAST iS.ST
FEEt TO A POIHT ON A HON-TANGENT ~KVE CONCAVE 8~EASTERLY AND
HAVING A R~I~ OF Z084.00 FKBT, A RADIAL BKARXNO TO SAID POINT
aa~S NORTH 15 39'J1' WESTt THENCE NORTHEASTERLY ALONG THE ARC OF
SAID~RVE ~ROUGII A C~T~L ANGLE OF 8°17'53" A L~GTH OF
FKKTJ THENCE TANGENT TO SAID CURVE NOATH 82038'32' EAST 373,08 FEET
TO THE DBGINNING OF A TANG~T CURVE CONCAVK SOUTHERLY AND HAVING
A ~DXUS OF Z064.OO FEET~ THENCE SOU~EAST~LY ALONG THE ARC OF
SAID CURVE ~R~l A C~TK~ANGLE OF iSm43*4e" A LENGTH OF 6~4,70
F~BTi THENCE TANGENT TO SAID CURVE SOUTH 78~7'4J*' EAST Z4.40 FEET
TO A POINT ON THE EASTERLY LINE ~F ~J SOUTHWEST ~U~TE~ OF THE
AE
NORTHWEST qU~TKR) THENCE SOUTH 0 ~3'06" WEST ALONG SAID E ST RLY
LIHE 130,46 FEETI THENCE ~ORTH 78 3T*4Z" WEST 49,64 FEET TO THE
8KGI~NI)G OF A T~GE~T CURVE CONCAVE SOUTHEASTERLY ~D HAVING A
fiDIUS OF 1936,00 FEETI THEHOE SOUT~ESTERLY ALONG THE ARC OF SAID
~)VK~/A CE~T~ ANGLE OF 18°43'~8'' A LENGTH OF eSZ,86 FEETI
~CE T~T ~ SAID CURVE .~OUTH 8Z 38'3Z" WEST 373.08 FEET .TO
THE BEGI~IMG OF A TA~G~T CURVE CONCAVE SOUTHEASTERLY AND HAVING
SAID C~VE T~ A C~TRAL ANGLE OF 8s26'i0'' A LENGTH OF
FEffl ~D~T~G~T TO SAID CUAVE SO~H 74*X2'XZ'' WEST 3Z,20 FEET
TO A ~I~ IN ~K EASTERLY LIHK OF SAID SECTION lgl THENCE NOR~
SAID P~CEL CONTAINS 4.03 ACRES MORE OR LESS.
,PARCEL i (SLOPE
A~ EAS~SHT FOR SLOP~ AHD DRAI~AG5 PURPOSES OVER TEAT PORTION
TH~ SOUTHWEST eUART~K OF THE ~ORT~5ST ~U~TEK OF SECTION
T~NSHIP 18 SOUTH, ~NGE i WEST, SA~ BERNARDIHO MERIDIANs IN
Cl~ OF ~iULA VISTAe COUNTY OF SA~ DIEGO, STATE OF ~LIFOKNIA,
AC~RDING ~ GOV~T g~Vff APP~VED 8gP~9~ lie
DESCRIBED AS FOL~i
SAID PARCEL B~ING B~D~ ON THE NORTH BY ~E SOUTHERLY LIN~ O~
P~CEL I AS DESCRIBED ABOVE AND O~ THE SOUTH BY ~E 'FOLL~ING
DESCRIBED
B~INNING AT A POInt OF 1~1~ O~ ~ ~lNg OF
VALLEY AO~ WITH ~E ~I~LY LINi ~ I~l~ lee ~SHIP
SOUTH, ~WGE I WEST AS SAID ~IHT IS SH~N ~ ~ECOKD OF SURVEY MAP
NO. 10127 ~ FILE Wl~ ~E COUNTY RECORDER OF SAID COUNTYJ
SOUTHERLY ALONG SAID EASTErlY SECTION LINK SOUTH 0J~6'34* WEST
10~.t$ PRatt THENCE ~OKTH 69 29'31" ~$T 2~.68 FEKTI THENCE NORTH
76 t8'35' BAST 14X.?8 FEETI THENC~ NORTH 82 08'09" EAST Z29,52 FBSTt
~ENCE NORTH 8Xm05'04*' EAST 199.98 FEET; THENCE NORTH 85tiS*3X" EAST
9~;03 FEETI TH~CB NORTH 84m06'26' EAST Z~9.22 FEET; THENCE NOKT~
85 16'08" EAST 99.81 FEATS THENCE NORTH 89 30'4t" ~AST 097.74 FEKTI
~ENCK SOUTH 84~42'03" KANT 96.Ji FEET; THENCE SOUTH 82 27'04' KANT
95.56 FEETI THENCE SOUTH 85m35~08'* EAST g3.S9 FEET; THENCK SOUTH
82m32'08'' EAST P9.02 FEETI THENCE SOUTH 69m59*18" EAST 7.64 FEET TO
TH~ EAST LI)K OF~K SOUTHWEST ~U~Tga OF THE NORTHWEST QU~TER
SECTION 20 A~D THE TE~I~US OF THIS
SAID P~C~L CONTAINS 0,T2 A~E$ HORE OR LESS.
Resolution No. 16644 A-3
Page 10
PARCEL ~ (TEMPOAARY CONSTRUCTION EASEMENT)
A TEMPORARY EAS~ENT I?OR CONSTRUCTION PURPOSBS OVIIR A STAIP OF LAND
Z0,00 FRET IN WIDTH LYING SOUTHERLY OF AND ADJACENT TO AND PA~LLEL
WI~ TH~ SOUTH~LY LIN~ O~ P~L ~ DE~IBKD ~OVE.
8AID ~AS~gNT ~HALL ~INATE WI~IN 90 DAYS ~ TH~ FILING OF
N~ICS Of ~MPLKTION OF ~NS~UCTI~ OF ~AY VALL~
ATTACHED H~ETO AND MADK A PART OF THIS LEGAL DES~IPTION 1S A PLAT
LAB~LSD BXHIBIT "B" ,
THIS LS~L DBSCRIPTION AND PLAT WERE PREPARKD BY ME OR UNDER MY
Resolution No. 16644
Page Z 1
EXHIBIT ~A~
H,G, FENTON MATERIAL COMPANY~ A CORPORATION AND
WBLSON AND SLOAN, A CO-PARTNERSHIP
WBSTt 8~ B~l~ ~IDJ~t IN ~ Cl~ ~ ~LA VISTA, ~UHTY
OF ~ Di~t STA~ OF ~I~ZA ~S~IB~ AS ~LL~St
P~CBL ~ (RXGHT-OF-W~Y)
B~IHING AT A POINT OF INTOaEOlUS WI~ THE C~T~LINB OF OTAY
VALLEY ~AD WI~ ~ fiSTERLY LINE OF SZ~ION ~9, TOWNSHIP
S~THs ~NGB 1 ~T AS SAID POINT 18 BH~N OF ~ OF $UAVEY ~P
NO. 101ZT ON FILE ~ ~'~ ~ XB~XDER OF SAID ~NTY5 THENCE
S~ERLY ALONG SAID ~STEALY LINE OF SAID BENIGN ~9 SOUTH
0e20'24" WEST ~.78 FB~ TO A POINT ON THE FROPOSED ND CENTSALINE
OF SAID OTAY VALLEY ROAD AS BH~N ON PLANS FO~ WIDENING OF OTAY
VALLEY ROAD OH FILE JN THE OFFICE OF THE CITY BNGINE~ OF THE CITY
OF CHULA VISTAI THENCE ALONG SAID PROPOSED CENTKRLINE, THE
FOLL~tNO COUKSESI NORTH 74eli'IF' EAST t3.~6 FEET TO THE BEOlNNINO
OF A TANGENT ~KVE CONCAVE SOUTHEASTERLY AND HAVING A ~DIUS OF
tO00.O0 FEET2 THENCE ~OKTHEASTEKbY ALONG THE ~C OF SAID CURVE
T~O~GH A C~TRAL ~GLK OF 8°16'20" A LKNGTH OF Z94,~7~ THENCE
TANGENT TO SAID ~YE NOX~ 82038'~~ EAST a~a,08 FEET TO THE
HEGINNING OF A TANG~T CURVE ~NCAVB SOUTH~LY ~D HAVING A~DIUS
OF 2000.00 FEETX ~ENCK BASTEELY A~NG THE ~C OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 18°4B'4O'' A LENGTH OF 0~2,78 FEETJ
THENCE T~GENT TO SAID CURVE SOUTH 78eaT'4Z'' EAST a7,02 FEET MORE
OF LBS8 TO A POINT ON ~E WEST LINE OF SAID LOT 2 OF SECTION
THENCE DBP~TING FROM SAID PROPOSED CENTER LINE OF OTAY VALLEY ROAD
AND ALONG THE WESTERLY LI~E OF SAID LOT 2 OF SECTION 20, NORTH
0el0'00' EAST (RECORD NORTH 0°12'21" EAST PEA RECO~ OF SURVEY
8940) 15.0~ FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
WKST~LY T~INUS OF TH~ ~ATAI~ COURSE SHOWN ON RECORD OF SURVEY
MAP NO. 8940 A2 SOUTH 80 09'39' EAST 200.00 FEKT~D THE TRUE POINT
OF BEGINNING OF THIS DKSCRIPTIONJ THENCE ALONG THE BOUNDARY LINE
OF SAID RE~KD OF SURVEY NO, 8546 THE FOLL~INO COUKSZSJ SOUTH
80009'~9' ~ST 199.T8 FEET (KEGGAD 200.00 FEKT) J THENCE SOUTH
81~0'08~ ~ST 38D,00 FEETJ THENCE SOUTH 70028'0g' EAST ~0.00 FEETJ
THENCE SOUTH 83e55'09'' EAST S0i.81FBETJ THENCE SOUTH 0 07'39" EAST
107',08 FEET TO A POINT ON A NON-TANGENT CUKVE CONCAVE ~ORTHEASTERLY
AND HAVING A~IVS OF ~064.00 FBETe A RADIAL BEGING TO SAID POINT
· BEAKS SOUTH 2e35'27'' WEST; THENCE DEPARTING SAID BOUNDARY LINE OF
KECO~D OF SURVEY MAP NO, 8946 AND NOR~WESTERLY ALONG THE ARC OF
SAID CURVE T~U~ A CBNT~L ANGLE OF 8°46'51" A LENGTH OF 316.2Z
FEETJ THENCE TANO~T TO SAID CURVE NORTH 78037'4Z' WEST 725,10 FEET
TO A ~INT ON THE WEST LINE OF SAID LOT 2J THENCE ALONG SAID WEST
LINE OF LOT 2 NORTH 0tl$'0O' ~ST 80.88 FEET TO THE TRUE POINT OF
BEGINNING.
8AID P~CEL CO~TAI~S Z.34 AC~ES MURK OK LESS.
PARCEL Z (SLOPE
AS EASIEST FOR S~PE AND D~INAGE PURPOSES OVER THAT PORTION
LOT J OF SECTION JO, T~NSHXP 18 SOUTHv ~OZ I WEST, SAN
BERNeDIdO MEKIDI~, IN THE CITY OF ~ULA VISTA, ~USTY OF SAN
DIEGOt STATE OF CALIFORNIA DESCRIBED AS FOLL~SI
SAID EASEMENT BEING BOUNDED US THE NORTH BY THE SOUTH~LY LI~E OF
PARCEL ~ AS DESCRIBED ABOVE A~D ON ~B SOUTH BY ~ FOLL~INO
DgS~IBBD LINES
B~INNIHG AT A POINT ON THE ~OK~KNTIONED WEST LINE OF SAID LOT
Z OF SECTION Z0 DIST~T SOUTH 0813'06" WEST lO0.0O FBST FB~ THE
Resolution No. 16644 A-4
Page 12
AFOREMENTIONED INTERSECTION OF SAID WEST LINE AND WESTERLY TERMINUS
OF THE NORTHERLY LINE OF RECORD O~ SURVEY MAP 8848 As DEHCEISEDIN
PARCEL ~ ABOVEJ THENCE SOUTH 69 Be'SO" EAST 8~.ii FEET{ THENCE
8OUTHTS 36'47" EAST 118,31 FEET{ THENCE SOUTH 8i J8t18" EAST
FEET; THENCE SOUTH 77°40'13" EAST 101.44 FEET! THENCE SOUTH
YS 16'19" EAST lIE,14 FEET; THENCE SOUTH 80e32'46'' EAST 197,32 FEET|
THENCE SOUTH TSe00'32' EAST 106,35 FEET; THHNCE SOUTH TSJZ4'4S' EAST
10?,el FEETI THENCE NORTH 88028'43' EAST 108,88 FEETI THENCE SOUTH
SSoSH'09" EAST 31,43 F~ET| TO A POINT Or THAT CERTAIN LINE OF
KECOED OF SUEVET NO, 894~ HAVING A COURSE OF SOUTH O0e0T'38" HAST
SZl,20 FEET| SAID POINT BEING THE TERMINUS OF THIS EASEMENT.
RAID PAItCBL COIFrAINS 0,82 ACRES MORE OF LESS,
PAItCEL 3 ( TEMPORARY CONSTRUCTION EASEMENT)
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 20,00 FHET IN WIDTH
LYING SOUTHERLY SPANS ADJACENT TO AND PAHALLEL WITH THE SOUTHERLY
LINE OF PARCEL S AS DESCRIBED ABOVE,
ATTACHED HERETO AND MASH A PART OF THIS LEGAL DESURIPTION IS A PLAT
LABELED EXHIBIT *'E".
THIS LEGAL DESCRIPTION AND PLAT W~RR PREPARED BY ME OR UNDER MY
DIRECTION,
URci E : L
P,L, , SS 7
Resolution No. Z6644
Page
Exhibits B-3~ through B-4
EXHIBIT 'B
~~ ~,.,~'~_ Z _ "'~'
C~$TRUC~ON ~[AeO, IT ACRE5
~0~' r/P 74-O7He70.R.
3/21 ~4
ATOMIC IN~STMENTS. INC.
~ (PAC BELL-LESSEE)
) - DENO~S DEED BEARING ~U~T
~D DIST~S PER F/P
NO. 74-071161 O,R. L~
~ ~ ~ I ~A ~ ~ kC~ As~eesor'e Poteel No,:
~A * 0.21 ACRES ~24-0~0-45
Right-of--WO En~neerln ServICes. ~¢. CITY OF CHULA ~STA'
2~o3 e ~mbe R~ . 2M Oeee,elde. aA 92054 OTAY VAL~Y ROAD RIGHT OF WAY
~ ~. A ,~ DA~: $EP~MBER 10, 1991 ~ ~EET 1 OF 1
Resolution No. 16644
Page 14
B-2
i/
" '~ ~I
~ ' .... ~'
Resolution No. 16644
Page 15
Resolution No. 16644
Page 16
Resolution No. 16644
Page 17
Resolution No. 16644
Page 18
B-4
Resolution No. 16644
Page 19
c-1
BEFORE THE CITY COUNCIL OF TH~
CITY OF CHULA VISTA
RE: PROPOSED OTAY VAL-EY ROAD WIDENING PROJECT
FINDINGS OF FACT
I. DESCRIF~ON OF PRQIECT
Otay Valley Road is proposed by the City tu be widened from Interstate Highway 805
Cl-805) to the eastern City boundary. This portion of 0 tay Valley Road is approximately
8,800 feet in length and cwssts lands within the City of Chula Vista's Omy Valley Road
Redevelopmenl Pl'ojea Area. Otay Valley Road is presen~y two lanes for most of its
length, and ina, enses in width to three and four lanes west of Brandywine Avenue and
Oleander Avenue, respectively. The proposed project is to widen Otay valley Road to
a six-lane prime arterial within a 128 foot right-of-way. The roadway will have a design
speed of 55 miles per hour. Project elements include a 16-foot landscaped median, six
12-foot driving lanes, two 8-foot emergency parldng lanes, and 12 feet behind each
shoulder curb for sidewalks, landscaping and utilities. The proposed widening is
consistent with the City's General Plan and Otay Valley Road Redevelopment Plan.
The prolxxsed widening will occur in two phases. Otay Valley Road widening from 1-805
to Nm Avenue will occur during Phase I, and is anticipated to begin in 1992. Phase
II will include the remainder of the road east of Nirvana, and is anticipated to be
constructed within five years of Phase I completion. Financing for the proposed project
will be funded by the formation of an Assessment District. Thus, approval of the
Assessment Dislrict is the financial method to implement the proposed project.
If. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on this project shall consist of the following:
1. The Draft and Final EIR for the project;
2. All xeports, memoranda, maps, leUess and othes planning documents prepanxl by
the environmental consultant and the City, that are not privileged under the Public
Records Act or any other relevant statutes;
3. All documents submitted by members of the public, and public agencies in
connection with the proposed project;
4. ffmutes sad verbelim lzansa, ipts of all v,,~fll~ps, public meetings and public
hearings held by the City and Redevelopmerit Agency;
-1-
Resolution No. 16644
Page 20 _
Exhibits C-1 through C-3
5. Any documentary or other evidence submilled at workshops, public meetings and
public hearings; and
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula ~, ~s~., General Plan -
b. Chula Vista Zoning Ordinanc~
c. Chula Vista Otay Valley Road Redevelopment Plan
d. Chula Vista Otay Valley Road Redevelopment Project Ares Implemen-
tation Plan/Design Manual Addendure
e. Chula Vista Threshold/Standards Policy
f. Otay P, jver Valley Redevelopment Area Sensitive Biniogical Resources
and Weftands Delinestion (1987).
TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CBQA Guidelines requires that, for each significant environmental
effect identified in an EIR for a proposed project, the approving agency must issue a
written finding reaching one or more of the three allowable conclusinns. The first is that
*[c]hanges or alterations have been required in, or incorporated into, the Vroject which
avoid or substantially lessen the significant environmental effect as ~denufwd in ume final
EIR." (Emphasis added.) The second potential finding is that '[s]uch changes or
alterations are within the responsibility and jurisdiction of another public agency and not
the agency making the finding. Such changes have been adopted by such other agency
or can and should be edopt~ by such ¢~ther agency. * The third permissible conclusion
is that [s]peci~c economic, social or other considerations make infeasible the mj~gation
measures or project alternative identified in the final EIR.
As regards the first of the three potential findings, the CEQA Guidelines do not define
the difference between *avoiding* a significant environmental effect and merely
*substantially lessening* such an effect. The meaning of these terms therefore must be
gleaned from other contexts in which they are used. Public Resources code .section
21081, on which CEQA Gnidelines section 15091 is based, uses the term 'mitigate"
rather than 'substantially lessen.' The CEQA Guidelines therefore equate "mitigating'
with *substantially lessening.' Such an understanding of the statutol'y term is consistent
with Public Resources Cede section 21001, which declares the Legislalure's policy
disfavoring the approval of projects with significant environmental effects where there
are feasible mitigation measures or alternatives that could 'avoid or substantially lessen'
such significant effects.
For purposes of these findings, the term 'avoid' will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-significant
level. In contrast, the term *substantiallylessen* will refer to the abillty ofsuch measure
or measures to substantially reduce the severity of a significant effect, but not to reduce
effect to a level of insignificance. Although CEQA Guidelines section 15019 requires
only that approving agencies specify that a particular significant effect is "avoid[ed] or
-2-
Resolution No. 16644
Page 21
substantially lessen[ed],* the~ findings, for purposes of elarity, in each case will specify
whether the effect in question has been fiflly avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened (and thus remains significant).
Moreover, although Section 15091, read litwally, does not require findings to address
environmental effects that an EIR id~naC-~ as merely "II2IrJII~ILY significant,' these
Iv. LEGAL P..PI-P_.L'T OF FINDINGS
To the extant that these findings conclude that various proposed mitigation measures
ou~ined in the Final EIR are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista (City) hereby binds itself and any other responsible
parties to implement those measures. These findings, in other words, are not merely
informational or hortatory, but conslitole a binding met of obligations that will come into
effect when the City adopts a resolution approving the project.
V. MITIGATION MONITORING PROGRAM
As required by the Public Resources Code section 21081.6, the City Council of the City
of Chula Visla, in adopting these findings, also adopts a mitigation monitoring and
tepo,~ing program. The program is designed to ensure that, during project
implementation, the City and other responsible parties comply with the feasible mitigation
measures. That program is described in the document entitled, Otay Valley Road
Widening Project Mitigation Monitorin.g and Reporting Program.
V1. POTEI'q'IIALLY SIGNIFICANT EPI~P_L'TS AND IMI'IIGATION IVIEASURP~
The Final EIR identified a number of potentially significant environmental effects (ur
"impacts*) that the Otay Valley Road widening would cause, all of which could be
avoided through the adoption of feasible mitigation measures. These impacts are restated
below, followed by page numbers in the Final FAR where the impacts are discussed.
A. Geologic and soils impacts could occur from development of the roadway on the
unstable river wash, stxearn sediments and clay loams found in the area (FEIR,
p. 3-7).
B. The project will result in the loss of 1.2 acres of Diegan Sage Scrub, 2.6 acres
of Tamarisk/Mulefai Scrubland, 0.2 ac~ ofWffiow Riparian Woodland, and 0.2
acre of Fx~shwater Mzlnh. Consix~clion activities would impact 1.1 acres of
Tamarisk/Mulefal Scrubland and 0.2 acTe Diegan Sage Scrub (FtlR, p. 3-26 to
3-27).
C. The road widening would conflict with the existing administration, wurk1~oom and
parking f,,-illties of the City of Chula VLm Animal Shelter (FEIR, p. 3-38).
-3-
Resolution No. 16644
Page 22
D. The proposed project will accommodate traffic volumes that are expected to occur
along the widened roadway due to long term development and population growth
in the region. Congestion at wadway intersections is expected, including
Oleander Avenue, Brandywine Avenue, l~Fhrvana Avenue, Maxwell Road, and at
both th~ northlx~und and southbound on-ra~nps to 1-805 (FEIR, p. 3-48 to 3-53).
E. Traffic congestion and hazards could result at the intersection of Otay Valley
Road and the Nelson & Sloan Reck Plant until the full widening of Otay Valley
Road occurs and the intersection with Paseo Ranchero is constructed (FEIR
p. 3-52 to 3-53).
F. Paleontological resources may occur in the project ares and could be impacted by
roadway development (FEIR, p.3-64).
G. Increases in noise levels from increased traffic along the roadway are projected
to exceed City guidelines for noise exposure ('FEIR, p. 3-'79 to 3-80).
The sub-sections below restate the above-identified impacts and set forth the mitigation
measures adopted to avoid the impacts.
A. GEOLOGY/SOILS
Potentially Significant Effect: Geologic and soils impacts could occur from
development of the roadway on the unstable river wash, stream sediments end
clay loams found in the area (FEIR, p. 3-~).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-8 to 3-9).
1. Unstable geology/soils materials will be removed or stabilized before
roadway construction begins. Surlicial layers of organic soils, debris and
soft or loose deposits will be stripped from areas where fill will be placed.
2. Compresslye soils will be removed end replaced with properly compacted
fill. Expansive soils will be buried deep in fills and not within the
roadway section.
3. ALl slopes will be consWacted at a minimum slope of 2.0 horizontal feet
to 1.0 vertical feet. Temporary chain link debris fences, with meshes of
1 to 1-1/2 inch square, will be installed with a genfabric material along
the bottom 18-24 inches of the fence to control silting in sensllive wetland
areas which could result from sediments in runoff.
4-
Resolution No. 16644
Page 23
Potentially Signifxcant Effect: The projec~ ~ result in the toss of 1.2 acres of
Diegan Sage Scrub, 2.6 acres of TamafisPJMuldat Scrubland, 0.2 acre of Willow
Riparian Woodland, and 0.2 acre of Freshwater Marsh. Construction activities
would imlma 1. l acres of Tarea,risk/Mulefal Scrubland and 0.2 acre Diegan Sage
Scrub (FEIR, p. 3-26 to 3-27).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-28).
1. Losses of weftand habitats will include Tamarisk/Mulefat Scrubland,
Willow Ripallan Woodland, and Freshwater Marsh tot~lllng 3.0 acres,
and will be mitigated by the creation of new wetland areas within the river
valley. Any such mitigation ~rfll include extensive revegetation with
willow woodland and the use of San Diego marsh-eider to maximize value
to w'~dlife and mitigate for the loss to this sensitive plant species.
Mitigation will be at a 2:1 acreage replacement ratio for weftands lost.
2. The roadsides adjacent to native vegetation communities east of Nirvana
Avenue will be designed'in a manner that would preclude the potential for
vehicle access or illegal dumping into the river bottom or onto the slopes.
Incorporation of guard rails or fences would be appropriate. Use of
thorny vegetation may also be used in conjunction with temporary fences.
3. The roadway slope~ will be revegetated with native plant materials
indigenous to the area or which complement the existing native
communities, such as sage scrub or sycamore woodland species.
4. Where construction activities are to occur in or adjacent to native
vegetational communities, work will be resUicted to the delineated project
footprint by the placement of temporary construction fences or flagging
along both sides of the street. This measure is incorporated in the project
description.
5. If work site brushing occun between April 1 and September 15, the
project site will be eax'efully examined by a qualified biologist prior to
clearing. Should the site be found to support nesting birds including Least
Bell's Vireo, Willow Flycatcher, or Yellow-breasted Chat, work within
300 ~ of the nest site will be ,t,-h,yed until nesting has been completed.
Resolution No. 16644
Page 24
6. Following constrocfio~, the 2{)-foot wide construction corridor will be
recontour~l to nann'al or lower levels and revegetated with native
vegetation favoring Willow and Mulefat Ripa~an Scrdb with minor
elements of Diegan Sage Scrub.
These measures are consistent with the requirements and conditions of the U.S.
Army Corps of Engineers 404 permit for thjs project, which are hereby
incorporated by reference, ~n~ ~:.,:hed as Attachment "A".
C. ~
Potentially Significant Effect: The road widening would conflict with the existivg
administration, workroom and parking facilities of the City of Chuls ~,'~>~ Animal
Shelter (FEIR, p. 3-38).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The follow'rag mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-39).
1. Impacts to the City's Animal Shelter wi]l be mitigated through the
redesign of the site and reloca~on of parking, workroom and
administration facilities ro the southern part of the property.
D. TRAFFIC
Potentially Significant Effect: The proposed pwject will accommodate increased
volumes which are expected to occur along the widened roadway due to long term
development and population growth in the region. Congestion at roadway
intersections is expected, including Oleander Avenue, Brandywine Avenue,
Nirvana Avenue, Maxwell Road, and at both the northbound and southbound
on-ramps to 1-805 (FEll1, p. 3-48 to 3-53).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigaton Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FE~, p. 3-53 to 3-54).
1. Signals wLll be installed as the City Engineer determines is appropriate in
order to meet the City's Traffic Threshold Standard.
Resolution No. 16644
Page 25
2. Maxwell Road will be restriped to provide a souffibound left ram-lane at
its inte'csection with O~ay Valley Road.
3. Asn~:luir~inth~MillgSioaMoaimfingPwgram, traffic comiifions will
be monitor~ by ~e Cit'y's rnfi~c ~:~t~_'nee~ to impleme~ improvements
at ~e appropriate time.
Potentially Significant Bffect: Traffic congestion and h=nrdS could result at the
intersection of 0ray Valley Road and the Nelson & SIoan Rock Plant until the full
widening of Otay Valley Road occurs and the intersection with Paseo Ranchero
is constructed (FEIR p. 3-52 to 3-53).
l:inding: Changes or alterations have been required in, or incorporated into, the
project which will avoid ~e potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through ~ese findings (lvEIR, p. 3-54).
1. As an interim measure, roadway improvements at this intersection shall
be comple.~t as part of Phase I.
PALEONTOLOGY
Potentially Significant Effect: P~eontological resources may occur in the project
area and could be impacted by roadway development (FEIR, p,3-64).
luindinE: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identifted in the Final FIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (I:EIR, p.
1. A qualified paleontologist will be at the pre-grade meeting to consult with
the Ending and excavation conWactora.
2, A paleontology monitor will be on site at all times during the cutting of
previously undisturbed sediments through and immediately adjacent to the
Mjssion Valley formation to in,~ect clit~ for contained fossils. h the
event that weli.-latsw/~ fesdls ~e discovered, ~ paleontological
allow recoveq of fossil remnins in a timely fashion, Any fossil remains
collected will be cataloged and deposited (with landowaer's permission)
at the San Diego Natural History Museum.
-'7-
Resolution No. 16644
Page 26 _
F. NOISE
Potentially Significant Effect: Increases in noise levels from increased traffic
along the roadway (stated to occur with or without ',he project) are projected to
exceed City guidelines for noise exposure CrtIR, p. 3-79 to 3-80).
Finding: Changes or al~'a~ons have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-81).
1. A perimeter masonry wall, six feet high, will be installed at the back lot
line of some residences backing up to Otey Valley Road. The wall will
be at the top of the slope, to ut~liT~ slope height to increase the line of
sight break between U'a.f~c and rear yard receiver loca~o.~. tit should be
note~ that a large percentage of the noise at the west end of the project
area comes from 1-805.)
G. CUMULATIVE EFFECTS
The Cumulative Impacts analysis was based on the list of proposed and planned
projects in the area, shown on Table 2.4-1 in the FEIR, and also on the
Cumulative Impacts analysis contained in the General Plan Update FEIR (since
the project is shown in the General Plan). In summary, cumulative impacts
would occur in the issue areas of flooding downstream, biological resources,
agriculturzl lands, traffic circulation, and noise. With the exception of
agricultumi lands, the project's contribution to cumulative impacts have been
mitigated to a level below significance either through project mitigation measures,
or through adherence to standard City engineering and building requirements.
Regarding agricultural lands, the FEIR states that the project area is not primarily
agriculturally oriented, with prevailing uses being residential and light induswial,
and that loss of this acreage (3.9 acres) to the roadway does not create a project
significant impact.
VII. INFEASIBH~ITY OF ALTERNATIVES OTHER THAN THE PROtCT
ALTERNATIVE
The selection of project alternatives was based on CEQA's requirement of analysis of the No
Project Alternative, the General Plan description of roadway location, and a site constraints
analysis performed for this project (Otay River Valley Redevelopment Area Sensitive Biological
Resources and Weftands Delincetion [Michael Brandman Associates, 1987]). Three different
alternative alignments were evaluated subsequent to completion of this study before the proposed
alignment was chosen.
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Resolution No. 16644
Page 27
The proposed project will not result in significant adverse impacts if all recommended mitigation
measures are implemented. Because the project's impacts have been mitigatea below a level of
significance an analysis of the alternatives is not l~chnicaliy required. However, the
decisionmakers, after reviewing the EIR and in approving the project specifically reject the No
Pzoject AIt~a~ve and the other alternatives for the following reasons:
No Pro'~cc~ Al~,x~tive
The No Project AlXemativc consisls of no acti~ ~k,,~ by she Cily of Chula Vim to consln~ci
or implcmcm the proposed project or elsher of shc project alXernafives. This al~rnative would
discourage bmrc in~ll industrial ~rowth along Otay Valley Road and inhibii economic ~rowth
in thc Oiay Vsllcy Road Rcdcvelopmcnt Area. This is conlrdry to shc goals of thc Chula Vista
Rcdcvclopment Agency as set foxsh in the Oxay Valley Road F, ed~elopment Plan. The plan
specifically calls for Xhc correction of problems relative to circulation, infrastnscture, and public
utility inadequacies. The No Action Alternative would also be inconsislent with she City of
Chula VisXa's Dr~t General Plan Circulation Element roadway designation for Oxay Valley
Road, which calls for a six lane prime arterial and major street siandards for O~ay Vallcy Road.
In addition, if this alternative is selected, ~he lack of capacity and low legal of service on Otay
Valley Road could constrain future developments north, south, and east of the project. Future
development ps, eposals tha~ would contribute Xnffic to Otay Valley Road, or require the
exXes~sicn of ~!ilixy ses~iccs alonF the roadway, would bc affected most.
Lecational Alternative 1
Locafio~al Alternative 1 is the same as the pro'tect with the cxception that the six lane roadway
would bc reduc~ lo a four lanc roadway east of Nix~ana. The fight-of-way would thus be
dc~ea.~d from 128 fccX to eliher 100 feet or g4 feet (depending on design). The environmental
con.s~tu~t..cs of consln~c~g Lccalional Altemallvc I would be identical or very similar tu the
pr~oscd project with respect to geology and soils, landform, land use, at;riculture, acsthcfics,
cultural and palcontolo&ical resources, and park, recreation and open space. The differences in
cnvironmcn~l impacts between Lccafional Alternafivc 1 and the proposed project are primarily
to biulogical resources and to Iraffic conditions,
Biology
This altumativc reduces She right-of-way from 12g feci to 100 feet east of Nirvana
Avcnuc while re~ining shc samc general read alignment as ~he proposed project
Impacts of this alternative would generally paxallel those of she proposed project with
only a slight reduction in ma~i_n_,~__~. Loss of wetlands would to~l approximately 1.23
a~res with proportionally fewer San Diego Marsh~Eider impacted.
Loss of habitat for riparian bird species would still be considered sigulficant. Reducing
the right-of-way to g4 feet would lower g~ wcgang in!llects to 0.~0 acre, slili resulting
widths of ti~ LocaXicnal Altoxnsg-~ 1, weXland impacts and impacts to the sensitive San
Diego Marsh-Eider axe considered si2ulficant but minigable through creation of replace-
ment weftand habitais incindinF the beavy otili~,alion of marsh cldcr in thc planrings.
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Resolution No. Z6644
Page 28
Traffic
The City's recommended maximum traffic volume for a four lane major street is 30,000
VPD. T~ Genera] Plan forecast volume at build-out is 26,000 VPD cast of Nirvana
Averme, thus the al~mative of a four lane cla.uification would seemingly be adequate.
Such a d~ui~cafion would require an amendment of the General Plan Circulation
Element. Howev~, the roadway was not designed t~) be four lanes in this lcc.~don
because of traffic circulation considerations. This segment of roadway is located between
Paseo Ranchero, which is planned as a Six lane fae. flity, and the rest of Otay Valley Road
to the west, which also requires Six lanes. The volumes of traffic entering the Otay
Valley Road/Paseo Ranchero intersection are pwjected to be 76,000 ADT. Thus, the six
lane width along this segment of (3lay Valley Road is necessary in order to provide
sufficient capacity entering and exiting the intersection. Also, a short four lane segment
of road between six lane roads on either side could create congestion end hazardous
conditions.
Locational Alternative 2
The environmental consequences of constructing Locational Alternative 2 would be the same as
the proposed project and Locational Alternative 1 with respect to land use, agriculture, and
parks, recreation and open space. Environmental impact differences between Locational
Alternative 2 and the proposed project are identified for traffic conditions, biological resources,
cultural resources, geology and soils, and landform and aesthetics, as well as traffic. Imp...~ _
to transportation are the same for Locatjon~ Alternative 2 as described above for Locationa]
Alternative 1. (3verdi, impacts on the remaining natural, cultural, and scenic resources would
be greater from Locational Alternative 2 than from the proposed project.
Biology
Under this alternative all direct adverse impacts to the weftand habitats would be
eliminated. Due to the extensive slope cutting required, however, an extensive loss of
quality Dicgan Sage Scrub habitat and a wide array of sensitive plans and animals
occurring on these hillsides would be severely impacted by this proposed alternative.
The biological impacts of this loss would be significant.
The only known large population of Grcene's Ground Cherry would be lost. Such a loss
is considered unmltigable. Also eliminated would be the dense stands of Coast Cholla
and the Fishhook Cactus population. The latter occurs in densities seldom seen in San
Diego County; moreover, the average size of specimens far surpusos other known
substantial populations. Also heavily impacted would be the State-listed endangered Otay
Tarwee population, along with significant colonies of Coast Barrel Cactus and
Cleveland's Golden Stars.
One pair of California Gnatr. atchers would probably be lost from the slopes under this
alternative. The Orange-throated Whiptail population would also be impacted. The
Dicgan Sage Scrub .slopes which would be impact~ are considered excellent gnatcatcher
habitat.
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Resolution No. 16644
Page 29
Cultural Resources
~f~ by ~e ~ pj~t, ~ wo~d ~fi~y im~ ~o~er ~y
sig~fi~t si~. ~us, ~onM ~ma~ve 2 h l~s p~f~ for culm~ ~
~ ~e pm~ pmjm.
~l~y ~d Soils
~fionM ~m~ve 2 would ~u~ cu~g ~ ~e s~ t~d~ 1~ ~ ~e
no~ ~fion of ~e pmj~t ~. So~ ~di~ons h ~s ~ ~nMst of m~
~m~B ~d ~ ~nside~ ~ ~ ~s~le due w ~e p~ of ~bble snm.
Con~uen~y, gm~ m~mum slo~ mfios ~uld ~ ~u~M (e.g., 4:1) me~y
hcr~g even ~er ~e mourn of ~d distal. h ~di~on, re~g w~s, ~
a m~mum height of 20 f~t, would most ~ly ~ ~u~ u ~figa~on. h sumS,
~fio~ ~a~ve 2 is l~s p~fe~ ~ ~e pm~ proj~t ~ ~t ~
~f~A~cs
~onM M~mafive 2 would ~ ~ult ~ sig~fi~t ~dfom im~c~. ~s
Almmafive would result ~ major l~dfom ~mfion due to ~e mount of cuing ~t
would ~ ~u~ to ~hi~e 2:1 or 4:1 slo~ ratios. Cut slo~ would ~ r~u~ no~
of ~e madway for appm~ma~y one-h~f ~e ~ ~e no~wm ~ of ~e proj~t
m ~um h~ght of cut sl~ would ~ a~m~mmly 65 f~t. ~dfom
m~fi~ ~ ~s ~ wo~d M~ ~g~fly adver~ im~cU on ~d~
~ ~ ~s ~ve wo~d ~t ~ s~ng ~sm ~nmB ~m me cumt
nam~ ~sid~ ~d vegetation ~v~. Con~u~fly, ~fionM ~afive 2 is l~s
preferable ~ ~e pr~ pmj~t ~ m~t ~ Bdfom ~d a~efics.
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Resolution No. 16644
Page 30
C-2
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula Vista City Council in approving the
Assessment Disuict which implements the roadway which is the subject of the FEIR, having
considered the information contained in the FEIR, and having reviewed the public testimony and
record, makes the foilowing Statement of Overriding Considerations in support of the Findings
and the action of the City Council approving the Assessment District.
All of the identified potentially significant project impacts have been mitigated to a level less
than significant, as set forth in Me Findings. The project also contributes to cumuintjve impacts.
However, as set forth on page 8, these impacts were deemed to be less than significant. The
City Council finds and concludes that the public benefits of the roadway project would outweigh
any significant and/or cumulative impacts. The City Council has reviewed and considered all
of the alt-rnatives described in the Final EIR. The project selected by the Council was chosen
for two major reasons:
· It is consistent with the General Plan.
· It accommodates projected buildout txafflc.
The alternatives were rejected by the Council:
· No Project Alternative -- because of inconsistency with the General Plan, lack of
roadway capacity for projected,.Uaffic volumes, and low level of sexyice that
would result.
· Locational Alternative No. 1 - because of inconsistency with the General Plan,
lack of roadway capacity necessary to handle future volumes of traffic utilizing
the Otay Valley Road/Paseo Ranchero intersection, poor traffic design, and
because this alternative does not reduce any impacts to a level below significant.
· Loeationa] Alternative No, 2 -- because of equal or greater environmental impacts
associated with this slightly different alignment.
The decisionmakers find that the following factors support the approval of the Assessment
District which implements the project, and therefore, sets forth and adopts the foliowing
Statement of Overriding Considerations:
1. The roadway project is consistent with, and thus will fulfill attainment of the General
Plan designation as six lane prime arterial and major stxeet, and the Radevelopment Plan
goal which calls for the "development of a more efficient and effective circulation
corridor free from b.7~rdous vehicular, pedestrian, and bicycle interfaces."
2. As set forth in the findings, mitigation measures have been incorporated into the Project
or made binding on the applicant through the adoption of the Findings, which reduce
impacts below a level of significance.
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Resolution No. 16644
Page 31
3. Approval of the Assessment District which implements the Project will result in the
following benefits:
· Restoration of approximately 6 acres of weftend within the Otay River floodway
(twice the impacted amoun0.
· Consmar. lion d ~ x, oadway imptov,,'mt'~s ~omm~asurate with General Plan
· Consmaclion job oppomnities in an economy which is curren~y suffering from
such opportunities.
· Construction of the roadway will permit, support, and help promote the further
industrial development of the Otay Valley area which includes over 200 acres of
undeveloped !and zoned for light indusUial land use. This will provide numerous
job opportunities in construction, business, and industry.
· Conswaction of the roadway will improve the public safety and aesthetics in the
area. The current facility is inadequate to support current and anticipated
volumes of traffic, and for most of its length does not include curb, gutters, or
sidewalks, has poor road surface conditions, and is visually cluttered with
overhead utility lines.
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Resolution No. 16644
Page 32 -
c-3
'OTAY VALLEY ROAD WIDENING PROJECT
MITIGATION MONITORING PROGRAM
Monitoring Program Description and Purpose
Public Resources Code § 21081.6 requires a lead or responsible agency that approves a project
where an Environmental Impact Report (F/R) has identified significant environmental effects,
to adopt a "reporting or monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects."
The City of Chula Vista is the lead agency for the Otay Valley Road Widening Project. A Draft
and Final E]R was prepared for this project which addressed po~ntial environmental impacts
and, where appropriate, recommended measures to reduce substantially or avoid the impacts.
A Mitigation Monitoring Program is required to ensure that the adopted measures are
implemented. The City of Chula Vista will adopt this Mitigation Monitoring Program (MMP)
after considering the Final EIR.
Roles and Responsibilities
The MMP for the proposed project will be in place through both phases of the project, including
final design, pre-grading, construction and operation. The City of Chula Vista has the primary
enforcement role for ~e implementation of mitigation measures. The City's Environmental
Review Coordinator (ERC) will provide Emal al~provni for the completion of the implementation
of measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be
responsible for the actual monitoring of the implementation of measures. The MCC will
interface with the ERC, the City Engineer, the City Landscape Architect, the Construction
Supervisor, and the Biological Monitor, all who have some responsibility for the implementation
of measures.
Mitigation Monitoring Procedures
The MMP consists of Mitigation Monitoring Program Procedures, filing requirements, and
reporting and compliance verification. These procedures are outlined below.
Mitigation Monitoring Program Procedures: Table 1 identifies the procedures of the MMP. For
each mitigation measure, it states the monitoring activity, the timing of implementation of the
measure, and who is responsible for verifying that the measure has been implemented and for
final approval.
Mitigation Monitoring Program Files: F~es shall be established to document and retain the
records of the MM1:~. The files shall be established, organized, and retained by the City of
Chula Vista Planning Department.
Reporting and Compliance Verification: The City's Mitigation Monitoring Report Forms are
designed to record the monitoring activity in a consistent manner with appropriate approvals.
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Resolution No. 16644
Page 33
The forms will be comple~l and signed by the individuals responsible for the monitoring and
approval of the rne, asures, These forms will be placed in the MMP fLIes.
Program Operations
The following steps shall be followed for implementation, monitoring, arid ve~i~cl~ioll of each
mitigation measure:
1. The City of Chula Vista, F_.nvironmental Review Coordinator (ERC), shall designate a
Mitigation Compliance Coordinator, who will be responsible for monitoring the
implementation of the mitigation measures.
2. The ERC shall provide to the MCC, the Mitigation Monitoring Report Forms; a copy
of Table 1; and other pertinent information.
3. The MCC shall coordinate the implementation of the mitigation measures and shall
complete a Form for each activity, and forward the report to the ERC for final approvnl.
a. All comp_L~,,,a forms shall then be placed in the MMP files.
Mitigalion measures ~hnlt be implemented as specified by the Mitigation Monitoring Program
Summary. During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures. The ERC, with advise from staff, is responsible
for recommending changes to the mitigation measures, if needed. If mitigation measures are
refined, the ERC would complete a Mitiga~pn Monitoring Report Form documenting the
change, and shall notify the appropriate design, construction, or operations personnel about
refined requii'ements.
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Resolution No. 16644
Page 34
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 30th day of June, 1992, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore,
Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
Beverly }~. 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. 16644 was duly passed, approved,
and adopted by the City Council held on the 30th day of June, 1992.
Executed this 30th day of June, 1992.
I ) '/'
Authelet, City Clerk