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HomeMy WebLinkAboutReso 1992-16806 RESOLUTION 16806 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING, AFTER PUBLIC HEARING, THE SALE OF CERTAIN AGENCY-OWNED PROPERTY LOCATED AT 4705 OTAY VALLEY ROAD WITHIN THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT AREA TO DGF FAMILY LIMITED PARTNERSHIP AND DAVID D. ORDWAY, CHRISTINA L. ORDWAY, TRAVIS A. RENEAU, AND MARGARET L. RENEAU FOR THE PURPOSE OF DEVELOPING AN AUTO SALES PARK SUBJECT TO THE TERMS AND CONDITIONS IN THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE PARTIES; MAKING CEQA FINDINGS; APPROVING A STATEMENT OF OVERRIDING CONSIDERATIONS; AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, the Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ("Agency"), is charged with the elimination of blighting influences; and, WHEREAS, in conjunction with its responsibility to eliminate blight, the Agency has formed the Otay Valley Road Redevelopment Project Area, consisting of approximately 750 contiguous acres located in the southeast section of the City of Chula Vista and including a parcel comprising approximately 31 acres commonly known as 4705 Otay Valley Road and diagrammatically represented, and made a part of this resolution, attached hereto as Exhibit A ("Property"); and, WHEREAS, on or about August 1988 the Agency received a proposal from Messrs. Doug Fuller and David Ordway for the development of an Auto Sales Park on the subject property; and, WHEREAS, in response to this proposal staff investigated this location and other locations in the City for the purpose of establishing an Auto Sales Park to include approximately four new auto dealerships in the first phase, and to be expanded to include an additional dealership in the second phase, as more fully set forth in the Proposed Project and Environmental Impact Report SCH #91061074, Chula Vista Auto Center (the "EIR"), which EIR was prepared in contemplation of discretionary actions associated with the development of the proposed Project; and, WHEREAS, with respect to which EIR, at the same joint special meeting of the City Council and Redevelopmerit Agency at which this resolution was considered, the Agency adopted a resolution finding that the Final Environmental Impact Report was prepared in compliance with California Environmental Quality Act ("CEQA") Guidelines; and, WHEREAS, at said public hearing the Agency was presented with a Disposition and Development Agreement between the DGF Family Limited Partnership, David D. Ordway, Christina L. Ordway, Travis A. Reneau, and Margaret L. Reneau ("the Auto Park Developers") and the Redevelopmerit Agency for the purpose of redeveloping a portion of the subject property (to ether with ~mall portion of adjacent property more partlcular~ described a Agency-owned therein to be transferred, directly or indirectly, to the Auto Sales Park Developers) into an Auto Sales Resolution No. 16806 Page 2 Park comprising four new auto sales dealerships and dated for the purposes of reference as September 15, 1992 ("DDA" herein); and, WHEREAS, the DDA proposes the sale of the aforementioned property now owned or to be acquired by the Agency using tax increment monies to the Auto Park Developers; and, WHEREAS, under the provisions of the Health and Safety Codes, Section 33433, before any property the Agency acquired in whole or in part, directly or indirectly, with tax increment monies is sold or leased for development pursuant to the Redevelopment Plan, the sale or lease shall first be approved by the Legislative Body {City Council) after public hearing, duly called, noticed and held in the manner required by law; and, WHEREAS, the Agency has caused to be prepared and has made available to the public for inspection and copying a copy of the DDA and report containing the requirements of Section 33433, which report entitled SummaryReport: Sale o fig± Acres Located at 4705 Otay VaZZey Road for the Purpose of Establishing an Auto SaZes Park dated September 5, 1992 ("Section 33433 Report" herein), which by reference thereto is incorporated herein and maintained on file in the Office of the City Clerk; and, WHEREAS, at said public meeting, pursuant to the requirements of Health and Safety Codes, Section 33433, the City Council was called upon to approve sale of property owned or to be acquired by the Agency pursuant to terms and conditions of the DDA. THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER AS FOLLOWS: 1. The Section 33433 report made available to the public no later than the time of publication of the first notice of the hearing to wit: September 5, 1992. 2. The public hearing, at or after which this resolution was adopted, was duly noticed as to its time and place in a newspaper of general circulation in the community for at least two successive weeks prior to the hearing. 3. The Agency has not provided that the approval of the sale property should be by a vote of two-thirds of its members; accordingly, only a majority vote is required for adoption of this resolution. 4. The Agency hereby finds that the consideration for the property is less than fair market value which is required because of the business risks involved in undertaking the development of an auto park in an unproven location, the risks and timing associated with attracting additional auto dealerships in order to achieve a "critical mass" of dealerships to insure success of the park, and the costs of relocation of the existing auto dealerships to the park from their current locations, and re-establishing their businesses at the new location, as well as due to the fact that the properties that the Auto Sales Park Developers are receiving has been Resolution No. 16806 Page 3 reduced in value by the imposition of a Deed Restriction limiting the use of the property to auto park uses for 25 years. 5. The consideration which the Agency is receiving for the sale of the property is necessary to effectuate the purposes of the Otay Valley Road Redevelopment Plan. 6. The Section 33433 report has been prepared, and filed, in the Office of the City Clerk, in the Office of Community Development Department, made available for public inspection and copying, all in the manner required by law. Same is incorporated herein by reference as if set forth in full herein. 7. All protests, if any, to the proposed project, and the sale of property contemplated therein, were made and received at said public hearing. 8. The City Council of the City of Chula Vista does hereby approve the sale of the property in the manner set forth in the DDA, subject to the provisions of paragraph 9, below. g. Compliance with CEQA: [A] Final EIR The Council has independently reviewed, analyzed and considered the Final EIR which was heretofore certified by the Agency as described above. [B] CEQA Finding The Council does hereby approve, accept as its own, incorporates as if set forth in full herein, and makes each and every one of the CEQA Findings, made a part of this resolution as Exhibit B. The FEIR reflects the independent judgment of the City Council. [C] Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in Exhibit C, the Council hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091, that the mitigation measures described in the FEIR are feasible, and will become binding upon the Council. [D] Infeasibility of Alternatives As set forth in Exhibit C, the Council hereby finds that none of the proposed project alternatives set forth in the Final EIR, other than the locational alternatives, 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. Resol uti on No. 16806 Page 4 [E] Adoption of Mitigation and Monitoring Program As required by Public Resources Code Section 21081.6, the Council hereby adopts the Mitigation Monitoring and Reporting Program ("Program"} set forth in Exhibit C. The Council hereby finds 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 feasible mitigation measures identified in Exhibit C attached hereto. Approval of the sale by Council described herein is subject to the Applicants' full performance of the Program. 10. 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 Council hereby issues, pursuant to CEQA Guidelines Section 15093 and as set forth in Exhibit B attach 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. Boogaard / Community Development Director City Attorney / Resolution No. 16806 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of September, 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: Vicki Soderquist, ~I)e~puty 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. 16806 was duly passed, approved, and adopted by the City Council at a joint City Council/Redevelopment Agency meeting held on the 15th day of September, 1992. Executed this 15th day of September, 1992. \. F~.,. <- ~ Resolution No. 16806 Page 6 EXHIBIT A DIAGRAM OF PROPF3~.TY shin2.wp ~l '~3 ~ISIA ~qAH3 ,, Septembe~ 10, %990 ~289T-~99I 8'g SNOII~qOS3B 0'0T S3~ # ~R~ TT ~ 103 3RH36 ~ISIA ~3AH3 ~0 AIID Resolution No. 16806 Page 7 Resolution No. 16806 Page 8 EXHIBIT B BEFOR~ ~ CITY COL1NCIL OF THE CI'I'Y OF CHULA VISTA RE: PROPOSED CHULA VISTA AUTO CENTER PROJECT FINDINGS OF FACT I. DESCRIPTION OF PROJECT The proposed Chula Vista Auto Center involves the subdivision and development of an auto dealership complex. The proposed project would consist of five auto dealerships and associated uses, parking and roads. The total floor area would be approximately 139,000 square feet. The primary use of the project would be new car sales, though other uses which could occur include the sale of recreational motorhomes, boats, used/trade-in cars, parts deparm~ents, vehicle senrice and storage facilities, body shops, a fueling station (for exclusive use of onsite dealerships), and a car wash (also for exclusive use of onsite dealerships). The proposed project development is expected to begin in late 1992 and be completed in SpringSummer 1993. Four out of the five dealerships are expected to be constructed during this time. The five acre westerly portion of the site (location of existing Pacific Bell dispatch facility) is not currently anticipated for auto dealership development, but is a likely extension of the Center in the future. II. ADMINISTRATIVE RECORD For purposes of CEQA and the findings set forth in the following pages, the administrative record of the City Council decision on this project shall consist of the following: 1. The Draf~ and Final EIR for the project: 2. All reports, memoranda, maps, letters and other planning documents prepared by the environmental consultant and the City that are not privileged communications under the Public Records Act. 3. All documents submitted by members of the public, and public agencies in connection with the proposed project; 4. Minutes and verbatim transcripts of all public meetings and public hearings held by the City; Any documentary or other evidence submitted at public meetings and public hearings; and 6. Matters of common knowledge to the City, which it considers, including but not limited to, the following: a. Chula Vista General Plan - 2010 b. Chula Vista Zoning Ordinance c. Chula Vista Otay Valley Road Redevelopmerit Plan d. Chula Vista Threshold/Standards Policy Resolution No. 16806 Page g HI. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA Section 15091 of the CEQA 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 conclusions. The first is that "[c]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the 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 adopted by such other agency." The third permissible conclusion is that [s]pecific economic, social or other considerations make infeasible the mitigation 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 Guidelines 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 statutory term is consistent with Public Resources Code section 21001, which declares the Legislature'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-si~rnificant level. In contrast, the term "substantially lessen" will refer to the ability of such measure or measures to substantially reduce the severity of a significant effect, but not to reduce effect to a level of insignificant. Although CEQA Guidelines section 15019 requires only that approving agencies specify that a particular significant effect is "avoidled] or substantially lessenled] ," these findings, for purposes of clarity, in each case will specify whether the effect in question has been fully avoided (and thus reduced to a level of insignificance) or has simply been substantially lessened (and thus remains significant). Moreover, although section 15091, read literally, does not require findings to address environmental effects that an EIR identifies as merely "potentially significant," these findings will nevertheless fully account for all such effects identified in the Final EIR. IV. LEGAL EFFECT OF FINDINGS To the extent that these findings conclude that various proposed mitigation measures outlined 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 constitute a binding set of obligations that will come into effect with the City adopts a resolution approving the project. V. MITIGATION MONFFORING PROGRAM As required by the Public Resources Code section 21081.6, the City Council of the City of Chula Vista, in adopfing these findings, also adopts a mitigation monitoring and reporting program. The program is designed to ensure that, during project implementation, the City and other responsible parties comply Resolution No. 16806 Page 10 with the feasible mitigation measures. That program is described in the document entitled, Chula Vista Auto Center Project Mitigation Monitoring and Reporting Program. VI. SIGNIFICANT AND PO~Y SIGNIFICANT EFFECTS AND MITIGATION MEASURES The Final EIR identified one significant and several potentially significant environmental effects (or impacts) that the proposed Auto Center development would cause. These potentially significant effects could be avoided through the adoption of feasible mitigation measures, while one could not be avoided. Potentially Sismificant Effects The following environmental effects, which would be significant (or potentially significant) in the absence of mitigation measures, can be avoided because of the adoption of such measures. Page numbers of the Final EIR where the impacts are discussed follow each impact. ·Land use incompatibility between the Auto Center and the future uses of the Otay Valley Regional Park could occur (FEIR, p. 3-6). ·Short-term consreaction noise could impact sensitive nesting birds in the adjacent Otay River riparian area (FEIR, p. 3-16). · Long-term noise could impact sensitive birds in the adjacent riparian area (FEIR, p. 3-89). · Sedimentation could increase in the Otay River floodway from construction activities, and from the permanent increase in impenrious surfaces (FEIR, p. 3-16). · Sensitive birds in the adjacent riparian area could be impacted by Auto Center night lighting (FEIR, p. 3-17). ·There is a potential for archaeological resources on the Pacific Bell portion of the site (which has never been surveyed) (FEIR, p. 3-24). · No subsurface geotechnical report, foundation report, finish grading plans and detailed development plans have yet been submitted; placement of structural loads on site soils have not been studied in this level of detail (FEIR, p. 3-32). ·The presence of the La Nacion fault trace onsite could result in the potential for ground surface rupture or fault offset and/or associated liquefaction CFEIR, p. 3-33). · Sedimentation and erosion increases in the Otay River could occur from construction activities and the permanent increase in impervious surfaces; capacity of storm drain system to effectively carry surface nanoff (FEIR, p. 3-41). · Water quality degradation in the River and eventually the San Diego Bay could occur from pollutants carried in site runoff (FEIR, p. 3-41, 42). · Nearby residential neighborhoods could be impacted by Auto Center night lighting (FEIR, p. 3-52). ·Aesthetic incompatibility could occur between the Auto Center and the future adjacent Otay Valley Regional Park (FEIR, p. 3-52). Resolution No. 16806 Page 11 · TrafFxc congestion along Otay Valley Road in its present configuration (2/3/4 lanes) could occur with project-generated traffic (FEIR, p. 3-26). · Construction-related dust could occur (FEIR, p. 3-77). · Project-related vehicular emissions would contribute to a regionally significant (cumulative) air quality impact (FEIR, p. 3-78). · Automotive painting and repair services could generate pollutants (FEIR, p. 3-79). · An incremental contribution to the regionally significant demand on water could occur (FEIR, p. 3- 96, 97). · Project development would place an incremental demand on the near-capacity sewer line adjacent to the site (FEIR, p. 3-97). · Solid waste from project uses would place an incremental demand on the diminishing area of the Otay Landfill (FEIR, p. 3-97). · Indirect generation of students would additionally burden the already impacted school districts (FEIR, p. 3-95, 98, 99). · The Pacific Bell portion of the site has not been surveyed for hazardous material; until this is done, there remains a potential for its existence CFEIR, p. 3-104). · Hazardous materials located on the eastern 20 acre portion of the site are to be removed as part of a separate project; verification of this removal must occur (FEIR, p. 3-104). · The Auto Center would use hazardous materials and create hazardous waste (FEIR, p. 3-104, 105). · Significant impacts associated with proposed undergrotmd fuel storage tanks. Significant Effect The proposed project would result in the following irreversible environmental changes. · Loss of approximately 20 acres of existing prime agricultural land (FEIR, p. 3-10). Contribution to cumulative impacts to agricultural resources, biological resources, air quality, noise, sewer service, solid waste, water supply, and energy (FEIR, p. 4-7). As described in the Statement of Overriding Considerations, the City Council and Redevelopment Agency have determined that these impacts are acceptable because of overriding economic, social and other considerations. The subsections below restate all of the above-identified impacts, the mitigation measures adopted to avoid the impacts, or the reasons by mitigation measures are infeasible due to specific economic, social or other considerations. A. LAND USE Potentially Significant Effect: Land use incompatibility between the Auto Center and the future uses of the Otay Valley Regional Park (FEIR, p. 3-6). Resolution No. 16806 Page 12 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 FEIR. 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. · Visual buffering (screening) must occur at the south end of the project area between the site and the Park. Buffering must include incorporation of an attractive wall and landscape screening consistent with the design requirements of the Redevelopment Area guidelines and will be subject to the City's design review process (FEIR, p. 3-6). B. AGRICULTURE Significant Effect: Loss of approximately 20 acres of prime a~rieultural land (FEIR, p, 3-10), Finding: The FEIR found that no mitigation measure is available to avoid this impact. As described in the Statement of Overriding Considerations, however, the City Council has determined that this impact is acceptable because of overriding economic, social economic and/or other considerations. C. BIOLOGY Potentially Significant Effect: Short-term construction noise impacts to sensitive nesting birds in adjacent riparian area (FEIR, p. 3-16). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · Construction noise levels will be maintained at a level less than 60 decibels at nest location sites from March 15 to July 15 (FEIR, p. 3-17). Potentially Significant Effect: Long-term noise impacts from Auto Center uses could occur to sensitive birds in adjacent riparian area (FEIR, p. 3-89). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · Construction of either a six-foot sound wall along the southern property line or the design of automotive repair bays so that they face each other would also reduce the impact below a level of significance (FEIR, p. 3-90). Potentially Significant Effect: Sedimentation could increase in the Otay River floodway from construction activities and from the permanent increase in impervious surfaces (FEIR, p. 3-16). Resolution No. 16806 Page 13 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® Construction of a berm or wall along southern boundary to create as a barrier against runoff during construction; energy dissipator structures to be consmlcted; and incorporation of silt and grease traps into drainage structures (FEIR, p. 3-17, 18). Potentially Significant Effect: Sensitive birds in the adjacent riparian area could be impacted by Auto Center night lighting (FEIR, p. 3-17). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or been made binding on the City through these findings. ® Lighting to be shielded and oriented away from riparian area (FEIR, p. 3-18). D. CULTURAL KESOURCES Potentially Significant Effect: There is a potential for archaeological resources on the Pacific Bell portion of the site which has not been surveyed (FEIR, p. 3-24). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® The removal of pavement and grading on this five acre portion of the site must be monitored by a qualified archaeologist and the appropriate procedures followed (FEIR, p. 3-25). E. GEOLOGY AND SOILS Potentially Significant Impact: No subsurface geotechnical report, foundation report, finish grading plans and detailed development plans have yet been submitted; placement of structural loads on site soils have not been studied in this level of detail (FEIR, p. 3-32). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. Resolution No. 16806 Page 14 ® Foundation and subsurface geotechnical investigation must occur for the site and all recommendations must be incorporated into final grading and development plans to the satisfaction of the Department of Public Works. (FEIR, p. 3-34). Potentially Significant Impact: The presence of the La Naclon fault trace onsite could result in the potential for ground surface rupture or fault offset and/or associated liquefaction (FEIR, p. 3-33). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · Prohibit construction of buildings within 15 feet of fault trace. Detailed investigation of liquefaction potential must occur and all plans must be approved by the Department of Public Works prior to issuance of grading permits. (FEIR, p. 3-34). F. DRAINAGE AND WATER QUALITY Potentially Significant Impact: Sedimentation and erosion increases the Otay River could occur from construction activities and the permanent increase in impervious surfaces; capacity of storm drain system to effectively carry surface runoff (FEIR, p. 3-41). 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 FEIR. 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. · The completion of a drainage study to determine required drainage improvements in accordance with approved engineering standards must be submitted to and approved by the Department of Public Works. · Features that would decrease runoff during construction activities shall be incorporated into the project design and approved by the Department of Public Works in accordance with approved engineering standards. Construction of a berm or wall along the south end of the site to serve as a barrier against runoff. · Energy dissipator structures for site drainage to occur on the south side of the site in order to reduce potential high runoff intensities (outside weftand area) (FEIR, p. 3-42, and 3-43). Potentially Significant Impact: Water quality degradation in the River and eventually the San Diego Bay could occur from pollutants carried in site runoff (FEIR, p. 3-41, 42). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. Resolution No. 16806 Page 15 · Drainage features shall incorporate traps to remove non-point source pollutants (FEIR, p. 3-43). G. LANDFORM/AESTHETICS Potentially Significant Impact: Nearby residential neighborhoods could be impacted by Auto Center night lighting (FEIR, p. 3-52). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these fmdings. · Lighting shall be positioned downward toward the project area and away from residential Neighborhoods. Potentially Significant Impact: Aesthetic incompatibility could occur between the Auto Center and the future adjacent Otay Valley Regional Park (FEIR, p. 3-523. 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 FEIR. Mitigation Measure: The Auto Center will be screened with extensive vegetation planted along the southern boundary of the site and/or a landscaped wall or fence also along the southern boundary to avoid visual impacts with the Otay Valley Regional Park. H. TRANSPORTATION Potentially Significant Impact: Traffic congestion along Otay Valley Road in its present configuration could occur with project-generated traffic {FEIR, p. 3-63). 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 FEIR. 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 fmdings. · Improve Otay Valley Road to a four-lane major roadway between 1-805 and Brandywine Avenue, if the planned six-lane widening project does not proceed prior to project implementation {FEIR, p. 3-69). · Signalize the intersection of Otay Valley Road/Brandywine Avenue and provide the following lane geometrics: a left-turn lane for the westbound approach; two northbound left-turn lanes and a shared through-light lane; restripe southbound approach to provide single left-turn lanes a shared right-lane, and provide exclusive right-turn lane for the eastbound approach (FEIR, p. 3-69). · The Regional Transportation Demand Management Plan shall be applied to the project where appropriate (FEIR, p. 3-70). Resolution No. 16806 Page 16 I. AIR QUALITY Potentially Significant Impact: Construction-related dust could occur (FEIR, p. 3-77). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® Implementation of Air Pollution Control District (APCD) dust contrrol regulations (including frequent street cleaning and frequent watering of exposed soils) (FEIR, p. 3-79). Potentially Significant Impact: Project-relatedvehicularemissionswouldincrementallycontribute to a regionally (cumulatively) significant air quality impact (FEIR, p. 3-78). Finding: Changes or alterations have been required in, or incorporated into the project which will reduce the potentially significant environmental effect as identified in the FEIR. The project-related contribution is mitigated to a level below significant. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® The City of Chula Vista will adhere to recommendations made by the 1982 State Implementation Plan and by the pending APCD regulations regarding local participation in air emission reduction. Such regulations will be applied to the project as appropriate (FEIR, p. 3- 80). Potentially Significant Impact: Automotive painting and repair services could generate pollutants (FEIR, p. 3-79). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · The development must receive APCD permits prior to the City's issuance of 27 occupancy permits. J. NOISE See Biology for potentially significant noise impacts. K. SERVICES AND UTILITIES Potentially Significant Impact: An incremental contribution to the regionally (cumulatively) significant demand on water could occur (FEIR, p. 3-96, 97). Resolution No. 16806 Page 17 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® The development must create no new demand on water and must participate in any water conservation or fee offset program the City adopts. Also, the applicant must receive service commitment from Otay Water District, and will be subject to their water conservation requirements (FEIR, p. 3-99). Potentially Significant Impact: The project would place an incremental demand on the near- capacity sewer line adjacent to the site (FEIR, p. 3-97). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · Prior to issuance of building permits, the applicant must enter into an agreement with the City and Redevelopment Agency to identify appropriate sewer infrastructure and associated funding mechanisms, and participate financially in a sewer infrastructure study. Implementation of requirements of study must occur, and may include participation by the applicant (FEIR, p. 3- 100). Potentially Significant Impact: Solid waste from project uses would place an incremental demand on the diminishing area of the Otay Landfill (FEIR, p. 3-97). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · The project will participate in the Laidlaw voluntary recycling program. The project will also comply with the County's Solid Waste Management Program (administered by the City) when it is implemented. Potentially Significant Impact: Indirect generation of students would additionally burden the already impacted school districts (FEIR, p. 3-95, 98, 99). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · The applicant must pay standard school fees (FEIR, p. 3-101). Resolution No. 16806 Page 18 L. HAZARDOUS WASTE Potentially Significant Impact: The Pacific Bell portion of the site has not been surveyed for hazardous materials; unt~ this is done, there remains a potential for its existence (FEIR, p. 3-104). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® Investigation of surface and subsurface (soil and groundwater) conditions, and implementation of any requirements for remediation must occur prior to issuance of the finish grading permit to the satisfaction of the Department of Public Works. Potentially Significant Impact: Hazardous materials located on the eastern 20-acre portion of the site (surface drums and tanks, and pockets of contaminated soils) are to be removed as part of a separate project; verification of this removal must occur [FEIR, p. 3-104). 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 FEII~. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ® Removal of existing drums and tanks, and removal of soils found to be contaminated, must occur prior to issuance of finish grading permit (FEIR, p. 3-105). Potentially Significant Impact: The Auto Center would use hazardous materials and create hazardous waste (FEIR, p. 3-104, 105). 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 FEIR. Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. ·All appropriate permits for onsite air emissions must be issued to ensure compliance with applicable state and local regulations (FEIR, p. 3-105). · All appropriate hazardous waste management permits will be obtained prior to issuance of occupancy permit. Potentially Significant Impact: The Auto Center will include underground fuel storage tanks which may have significant environmental impacts. 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 FEIK. Resolution No. 16806 Page 19 Mitigation Measure: The following mitigation measure has been found to be feasible and has been required either as a condition of approval or has been made binding on the City through these findings. · Compliance with appropriate state and local regulations and obtaining required permits prior to issuance of business licenses. M. CUMULATIVE IMPACTS Significant Impact: Environmental impacts from planned growth in the southern Chula Vista area plus the proposed project would be cumulatively significant for the following issues: agricultural resources, biological resources, air quality, noise, sewer services, solid waste contribution, water supply, and energy {FEIR, p. 4-7). Finding: Beyond the mitigation measures identified in the FEIR which reduce these impacts, no other feasible measures are available which reduce these cumulative impacts to below a level of significant. VII. IIqFF/~BILITY OF ALTERNATIVES OTHER THAN TIE PROJECT ALTERNATIVE (PUBLIC RESOUB(2S CODE SECIION 2108111)]) The approval of the proposed project would cause a significant unavoidable impact, that is, loss of approximately 20 acres of prime agricultural land. The only way to mitigate this impact is by retention of the site for agricultural use, which would negate development of the site. The decision-makers reject this mitigation measure because it would not achieve City goals for redevelopment in the Otay Valley Road Redevelopment Area. In addition, the decision-makers find that project development will generate permanent jobs, as well as temporary construction jobs. Finally, the decision-makers reject the mitigation measure alternative of retention of agricultural land because the project, as proposed, will substantially increase the City's property tax base and sales tax revenues. The decision-makers have considered whether any of the project alternatives discussed in the EIR could feasibly substantially lessen or avoid the identified significant effects. As will be explained below, the decision-makers conclude that none of the project alternatives could both meet the objectives of the project applicant and lessen or avoid the identified significant environmental effects. There were eight alternatives including the proposed project. Their characteristics are: Alternative Description Project Development of five dealerships over 25 acres No Project/No Development Project site would remain vacant over 20 acres and Pacific Bell Dispatch Facility would remain on five acres Designated Use Research and limited manufacturing uses over 25 acres Alternative Commercial Use A commercial shopping area for warehouse style discount stores over 25 acres Reduced Project Size Auto Center development over 20 acres Resolution No. 16806 Page 20 Alternative Sites (3) Auto Center development on three alternative sites in the City No Project/No Develonment This alternative would retain the site as vacant, and would not result in attaining the goals and objectives of the Otay Valley Road Redevelopmerit Plan, the General Plan, the Zoning Code, or the project applicant. This alternative would not revitalize this portion of the community and would also result in negative economic impacts as a result of the loss of sales tax revenues. This alternative would also allow no opportunity for access to the future Neighborhood Park and Regional Park south of the site (the proposed project provides for public access and parking along and at the foot of the extension of Brandywine Avenue). Based upon these factors, this alternative is determined to be infeasible. Designated Use Land uses would be research and limited manufacturing over the 25 acres. Environmental impacts associated with this alternative are almost identical to those associated with the proposed project. Traffic impacts would be reduced but not to a level of less than significant, and the unavoidable impact of loss of agricultural land would remain. Thus, there is no substantial environmental improvement with this alternative. Also, this alternative does not meet the applicant's objectives. Based on these factors, this alternative is determined not to be environmentally supetior to the proposed project and is rejected as infeasible Alternative Commercial Use Development of warehouse style discount stores over 25 acres would result in impacts similar to those associated with the proposed project, in fact, some impacts would be worsened. The unavoidable impact of loss of agricultural land would remain. Impacts associated with traffic, air quality and noise would be worse than the project, though these impacts could be reduced to a level below significant (a with the project). Thus, there is no substantial environmental improvement with this alternative. Also, this alternative does not meet the applicanes objectives. Based on these factors, this alternative is determined not to be environmentally supetior to the proposed project and is rejected as infeasible. Reduced Proiect Size Auto Center development would occur over 20 acres, a reduction in five acres. This would result in the likelihood of four dealerships being developed, rather than the proposed five. Impacts from this alternative would be similar to those associated with the proposed project, though slightly reduced proportionally with the reduction in project size. No impacts including the unavoidable impact of agricultural land, would be reduced to a level below significant. The City's property tax base and sales tax revenues would also be slightly reduced. Based on these factors, this alternative is not considered to be environmentally superior to the proposed project and is rejected as infeasible. Resolution No. 16806 Page 21 Alternative Sites Alternative sites were analyzed to determine whether environmental impacts would be reduced overall by developing and operating the project in a different location. · The Orange Avenue/SR128 site, located in hilly terrain and adjacent to a future University and associates uses, resulted in similar impacts as the proposed project site. Biological impacts were expected to be reduced, yet impacts to cultural resources were potentially greater. The impact to agricultural resources was avoided, as the site is not classified as containing prime agricultural soils. · The Broadway and K Street site, located amidst urban development, resulted in similar to greater impacts to land use including the relocation of existing residences; reduced or no impacts to biological, agricultural, drainage/water quality and aesthetics; and similar impacts to the remainder of the environmental topics. · The South Bayfront site, which is presently vacant and within the southern limits of the SDGS~ power plant property, resulted in similar impacts to most environmental issue areas, and avoidance of the impact to prime agricultural soils. Overall, all of the locational alternatives resulted in generally similar types or levels of impacts, with the exception that there was an avoidance of the agricultural impact. This, by itself, does not lead to a determination that the locational alternatives are environmentally superior, especially considering the fact that the project site will be developed with a use other than agricultural because of its location amidst a developing urban area. The City's goal of generating property and sales tax on a site which is vacant (upon removal of the vacated single-family residence) would not be met. The City's goal of redeveloping the Otay Valley Road Redevelopmerit Area would also not be met. Additionally, the construction of the project will actually result in a beneficial environmental impact - assess to the adjacent Regional Park. Considering that all other identified environmental impacts for the project site can be mitigated to a level below significance, the locational alternatives are not considered to be environmentally superior. Resolution No. 16806 Page 22 STATEMENT OF OVERRIDING CONSIDERATIONS PUrsuant to CEQA Guidelines section 15093, the Chula Vista City Council, in approving the various actions that are the subject of the Chula Vista Auto Center FEIR, having considered the information contained in the FEIR and having reviewed and considered the public testimony and record, makes the following Statement of Overriding Considerations in support of the Findings and the action of the City Council approving the project. The City Council finds and concludes that the public benefits of the project outweigh the identified significant and unmitigated loss of 20 acres of prime agricultural soils and cumulative impacts set forth in the Findings, The decision-makers find that the following factors support approval of the project, despite the identified significant environmental impact. Therefore, the City Council sets forth and adopts the following Statement of Overriding Considerations: 1. The project will help to fulfill attainment of the goals of the City Redevelopment Plan and General Plan for development of this site and preservation of the sensitive resources south of the site. 2. By development of a public roadway and parking along and at the southern extension of Brandywine Avenue, the project will encourage and allow public use of the future Neighborhood Park and Regional Park south of the site. 3. 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 to the extent feasible, reduce impacts to below a level of significance. 4. Approval of the project will result in the following benefits: a. Generation of new permanent and temporary (consauction) jobs in an economy which is currently lacking job opportunities. b. Generation of increased property tax, sales tax and tax increment to the City of Chula Vista through the City of Chula Vista Redevelopmerit Agency. c. Development of public access to the future Neighborhood Park and Regional Park south of the project site. Consequently, the Council believes that the proposed project is the superior altemative despite the significant loss of 20 acres of prime agricultural soils and cumulative impacts that would result from implementation of the project, especially given the fact that the project site will be developed with a use other than agricultural due to its location amidst a developing urban area. Resolution No. 16806 Page 23 CHULA VISTA AUTO CENTER PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Monitorins~ Program Description and Pumose Assembly Bill 3180 (AB 3180) requires a lead or responsible agency that approves a project where an Environmental Impact Report (EIR) 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 Council of the City of Chula Vista is the lead agency for consideration and approval of the sale of Agency-owned or to be acquired property pursuant to California Redevelopment Law, Health and Safety Codes, Section 33433 for the Chula Vista Auto Center project. A Draft and Final EIR were prepared which addressed potential 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 OVIMP) after considering the Final EIR. Roles and Responsibilities The MMP will be in place regarding all aspects of the proposed sale. The City of Chula Vista has the primary enforcement role for the implementation of mitigation measures. The City's Environmental Review Coordinator (ERC) will provide final approval 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, the Construction Inspector(s), 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: Files shall be established to document and retain the records of the MMP. 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. The forms will be completed and signed by the individuals responsible for the monitoring and approval of the measures. These forms will be placed in the MMP files. Program Operations The following steps shall be followed for implementation, monitoring, and verification of each mitigation measure~ Resolution No. 16806 Page 24 1. The City of Chula Vista, Environmental Review Coordinator (ERC), shall designate the MCC, 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 fmal approval. 4. All completed forms shall then be placed in the MMP files. Mitigation measures shall 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 Mitigation Monitoring Report Form documenting the change, and shall notify the appropriate design, construction, or operations personnel about refined requirements.