HomeMy WebLinkAboutReso 1992-16767 RESOLUTION NO. 16767
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR A REZONE, AMENDMENTS TO THE EASTLAKE I GENERAL
DEVELOPMENT PLAN (GDP) AND PLANNED COMMUNITY DISTRICT
(PCD) REGULATIONS, SECTIONAL PLANNING AREA (SPA) PLAN,
PUBLIC FACILITIES FINANCING PLAN (PFFP), AIR QUALITY
IMPROVEMENT PLAN (AQIP), AND WATER CONSERVATION PLAN FOR
TELEGRAPH CANYON ESTATES (EIR-gl-05) SCH# 91071033
WHEREAS, the area of land which is the subject matter of this resolution
is identified as a portion of Assessor's Parcel Number 595-0-70-22 consisting of
112.4 acres, denoted as the "Project Site" on the attached Exhibit A ("Project
Area"); and,
WHEREAS, an entity having control over all or a portion of the development
of the Project Area has proposed the redesignation of the Project Area as
follows: 26.1 acres to Open Space and Park/Recreational Facilities; 1.5 acres
to Community Purpose Facility; and 9.4 acres as a future State Route 125
easement, as shown on Exhibit B ("Proposed SPA Site Utilization Plan"); and,
WHEREAS, the Staff of the City ("Staff") has determined that it will be
necessary for the City to "approve" the Project by consideration, now or in the
future subject to the discretionary activities identified in Section 1,
"Executive Summary" under the sub-section thereof, entitled "Project
Description"; and,
WHEREAS, based on a preliminary review of the Project, the 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, either
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 (Guidelines 15061); and,
WHEREAS, it was concluded that there is substantial evidence, or a
reasonable inference from substantial evidence, that the Project may have a
significant adverse effect on the environment (Public Resources Code ["PRC"]
Section 21100, 21151) and therefore determined to cause to be prepared an
Environmental Impact Report ("EIR") on the Project; and,
WHEREAS, the City retained the services of a Consultant to prepare the DEIR
on the Project; and,
WHEREAS, a Draft Environmental Impact Report, dated May, 1992, ("DEIR")
evaluating the proposed Project was prepared; and,
WHEREAS, on May 21, 1992, the Staff filed a Notice of Completion ("NOC")
of the preparation of the DEIR with the Office of Planning and Research
(Guidelines 15085[a]), and indicated therein that the period for State Agency
Resolution No. 16767
Page 2
review and receipt of comments would be from May 21, 1992 to July 6, 1992; and,
WHEREAS, on May 13, 1992, the Staff mailed through the United States Post
Office a Notice of Availability ("NOA") of the preparation of the DEIR to
properties within 1,000 feet of the project site, and indicated therein that the
period for public review and receipt of comments would be from May 13, 1992 to
July 22, 1992 ("Public Review Period"), and at the same time of said mailing,
published or otherwise gave in the manner required by law a Notice of the
Availability of the DEIR ("Notice of Availability") to the general public by
newspaper publication in the Star News on May 20, 1992; and,
WHEREAS, the DEIR was transmitted by the City of Chula Vista, as lead
agency, to all concerned parties for review and comment; and,
WHEREAS, written comments from the public on the DEIR were accepted during
the Public Review Period; and,
WHEREAS, as a result of comments from the public and other public agencies,
no significant new information was added to the DEIR, and the City has determined
that the DEIR did not need to be recirculated ("PRC 21092.1"); and,
WHEREAS, on July 22, 1992, the City Planning Commission, which is the
designated commission of the City for this purpose, held a public hearing for the
purpose of evaluating and responding to public comments, and in connection
therewith, accepted public testimony on the DEIR; and,
WHEREAS, City has provided response to comments made by any public agency
on the DEIR before certifying a Final EIR ("PRC 21092.5"); and,
WHEREAS, agency and public comments have been addressed in the Final
Environmental Impact Report ("FEIR") for the Project; and,
WHEREAS, the Final Environmental Impact Report was prepared in accordance
with the provisions of the California Environmental Quality Act and its
applicable Guidelines.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, determine, resolve and order as follows:
1. The Final Environmental Impact Report.
The Final Environmental Impact Report for the Project consists of:
A. Final Environmental Impact Report (EIR 91-05) SCH #91071033, dated
July, 1992, which contains:
(1) The DEIR and comments on the DEIR;
(2) Responses to comments on the DEIR; and,
(3) A Mitigation Monitoring and Reporting Program.
Resolution No. 16767
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B. Appendices (A through J) to the FEIR.
2. Certification.
The FEIR is hereby certified by the City Council to have been completed in
compliance with the California Environmental Quality Act and all
applicable guidelines (Guideline 15090}.
3. FEIR Reviewed and Considered.
The FEIR has been reviewed and considered by the City Council of the City
of Chula Vista (Guideline 15090) prior to approval of the Project; and,
4. Resolution not be deemed Project Approval.
Nothing herein shall be deemed to constitute approval of the Project.
5. Record of Proceedings.
That the City Clerk shall certify to the passage and adoption of this
resolution; shall cause the same to be entered in the book of original
resolution of said City; shall make a minute of the passage and adoption
thereof in the record of the proceedings of the City Council of said City
in the minutes of the meeting at which same is passed and adopted.
Presented by ro as o or/y
Robert A. Leiter ruce . oogaar
Director of Planning City Attorney
Resolution No. 16767
Page 4 -
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PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of August, 1992, by the following vote:
YES: Councilmembers: Horton, Malcolm, Moore, Rindone, Nader
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Tim Nader, Mayor
ATTEST:
~. A~'uthelet, ~it~y~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. 16767 was duly passed, approved,
and adopted by the City Council held on the 25th day of August, 1992.
Executed this 25th day of August, 1992.
Beverly ~(Auth~let, City Clerk