HomeMy WebLinkAboutReso 1992-16941 RESOLUTION NO. 16941
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN IMPLEMENTING AGREEMENT WITH KMART
CORPORATION, INC. TO CARRY OUT THE DEVELOPMENT AGREEMENT
FOR DEVELOPMENT OF A RETAIL STORE AT THE RANCHO DEL REY
COMMERCIAL CENTER
WHEREAS, on November 24, 1992, the City Council approved Resolution No.
16900 ("Entitlements Resolution") and the first reading of Ordinance No. 2535
("Entitlements Ordinance"), collectively certifyin9 the FSEIR (as defined therein
which definition is incorporated herein by reference), amendin9 the General Plan,
E1Rancho del Rey Specific Plan, Rancho del Rey Sectional Planning Area (SPA) I,
Planned Community District Regulations, Rancho del Rey Employment Park Design
Guidelines, and PFFP, and approvin9 the Air Quality Plan Water Conservation Plan,
Tentative Maps, street name change and Development Agreement, and makin9 certain
Findings and Statement of Overriding Considerations; and,
WHEREAS, the City Council held the second readin9 of the Entitlemerits
Ordinance (approving the Development Agreement) on November 30, 1992; and,
WHEREAS, A General Condition of Approval of the Commercial Center project
requires that an Implementing Agreement or other similar agreement be entered
into between each of Major Retailers A, B, and C and the City prior to each
retailer commencing development; and,
WHEREAS, the proposed Implementing Agreement with Kmart Corporation
(alternatively herein referred to as the "Project" as when making reference to
CEQA related matters) implements the approved Development Agreement and provides
assurances to the retailer and the City as approved by Council; and,
WHEREAS, the Implementin9 Agreement stipulates that within 90 days the City
and Retailer shall enter into a letter agreement identifying the local education
and training providers with whom it will proactively coordinate employment
outreach efforts, and such letter is hereby authorized to be signed by the City
Manager on behalf of the City; and,
WHEREAS, the Rancho del Rey Commercial Center FSEIR has analyzed impacts
associated with the proposed Project and was certified by Council on November 24,
1992 and carries out the Development Agreement as identified in the FSEIR; and,
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY FIND, DETERMINE, RESOLVE AND
ORDER AS FOLLOWS:
I. FSEIR Contents.
The FSEIR consists of the following:
A. "Final Supplemental Environmental Impact Report - Ranch del
Rey Commercial Center" {EIR 92-02) prepared by Robert Bein,
William Frost & Associates (RBF) and dated October 5, 1992 SCH
Resolution No. 16941
Page 2
# 92051032, which contains the Draft Supplemental
Environmental Impact Report ("DSEIR") distributed date July
21, 1992, revised to reflect responses made to comments on the
DSEIR, and the comments and responses to the DSEIR; and,
B. Appendices (A through D) to Final Supplemental Environmental
Impact Report.
C. Technical studies and information incorporated in the
responses to comment.
II. FSEIR Reviewed and Considered.
The City Council of the City of Chula Vista has reviewed, analyzed
and considered FSEIR 92-02, the environmental impacts therein
identified for this Project; the Candidate CEQA Findings attached to
the Entitlements Resolution as Attachment A, the proposed mitigation
measures contained therein, the Mitigation Monitoring and Reporting
Program attached to the Entitlemerits Resolution as Attachment B, and
the Statement of Overriding Considerations which is attached to the
Entitlements Resolution as Attachment C prior to approving the
Project.
III. Certification of Compliance with CEQA.
The City Council does hereby find that FSEIR 92-02, the Candidate
CEQA Findings, the Mitigation Monitoring and Reporting Program, and
the Statement of Overriding Considerations are prepared for this
Project in accordance with requirements of the California
Environmental Quality Act, the State EIR Guidelines, and the
Environmental Review Procedures of the City of Chula Vista.
IV. Independent Judgement of City Council.
The City Council finds that the FSEIR reflects the independent
judgement of the City of Chula Vista City Council.
V. Approval of Implementing Agreement.
The City Council of the City of Chula Vista does hereby approve the
Implementing Agreement with Kmart Corporation, City Manager in
conjunction with the approval of the City Attorney, to make minor,
modifications thereto prior to presentation to the Mayor for
execution, and does hereby authorize the Mayor to execute the
Implementing Agreement, known as document number C093-012, a copy of
which is on file in the office of the City Clerk, substantially in
the form presented together with such changes as may be approved by
the City Manager and City Attorney.
Resolution No. 16941
Page 3
VI. Findings re Consistency with the General Plan.
The City Council hereby finds that the Project is and will be
consistent with the general plan for the reasons advanced in the
Entitlements Resolution which reasons are incorporated herein by
reference.
VII. CEQA Findings, Mitigation Monitoring Program, and Statement of
Overriding Considerations.
A. Adoption of Findings.
The City Council does hereby approve, accept as its own,
incorporate as if set forth in full herein, and make each and
every one of the findings contained in the "Findings of Fact
Re Proposed Rancho Del Rey Commercial Center" attached to the
Entitlements Resolution as Attachment A.
B. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in the master EIR for
the Rancho del Rey SPA I {EIR-87-01) and the supplemental
environmental document (EIR-g2-02} and in the CEQA Findings
for this project, which is attached to the Entitlements
Resolution as Attachment A, the Council hereby finds pursuant
to Public Resources Code Section 21081 and CEQA Guidelines
Section 15091 that the mitigation measures described in the
above referenced documents are feasible and will become
binding upon the entity (such as the project proponent, the
City, or the school district} assigned thereby to implement
same.
C. Infeasibility of Alternatives.
As is also noted in the above referenced environmental
documents described in the above subparagraph B, alternatives
to the project which were identified as potentially feasible
in the EIR were found not to be feasible except the Site Plan
Alternative which is hereby rejected because the Project, as
mitigated, already reduces the impact on traffic to a level of
less than significance.
D. Adoption of Mitigation Monitoring and Reporting Program.
As required by the Public Resources Code Section 21081.6, the
City Council hereby adopts Mitigation Monitoring and Reporting
Program {"Program"} set forth in Attachment B to the
Entitlements Resolution incorporated herein by reference as
set forth in full. The Council hereby finds that the Program
is designed to ensure that during project implementation the
permittee/project applicant and any other responsible parties
Resolution No. 16941
Page 4
implement the project components and comply with the feasible
mitigation measures identified in the Findings and the
Program.
E. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures
and any feasible alternatives, certain significant or
potentially significant environmental effects caused by the
project or cumulatively will remain. Therefore, the City
Council of the City of Chula Vista hereby issues, pursuant to
CEQA Guideline Section 15093, a Statement of Overriding
Considerations in the form set forth in Attachment C, attached
to the Entitlements Resolution and incorporated herein as if
set forth in full, identifying the specific economic, social,
and other considerations that render the unavoidable
significant adverse environmental effects acceptable.
VIII. Notice of Determination.
The Environmental Review Coordinator of the City of Chula Vista is
directed after City Council approval of this Project to ensure that
a Notice of Determination, together with a copy of this resolution,
its exhibits, and all resolutions passed by the City Council in
connection with this Project, is filed with the County Clerk of the
County of San Diego.
Presented by A~ f .
Resolution No. 16941
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 19th day of January, 1993, by the following vote:
YES: Councilmembers: Fox, Hotton, Moore, Rindone
NOES: Counci 1 members: None
ABSENT: Counci 1 members: Nader
ABSTAIN: Councilmembers: None
R.~indo~
, Pro-Tempore
ATTEST:
B ~ 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. 16941 was duly passed, approved,
and adopted by the City Council held on the 19th day of January, 1993.
Executed this 19th day of January, 1993.
.ev~rl~2Auth~l e~ City Ci