Loading...
HomeMy WebLinkAboutReso 1992-16942 RESOLUTION NO. 16942 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND AUTHORIZING EXECUTION OF A PUBLIC FACILITIES FINANCING AND IMPLEMENTING AGREEMENT WITH MAJOR RETAILER C (THE PRICE COMPANY) RANCHO DEL REY COMMERCIAL CENTER, AND RELATED CEQA FINDINGS 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 certifying the FSEIR (as defined therein which definition is incorporated herein by reference), amending 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 approving the Air Quality Plan Water Conservation Plan, Tentative Maps, street name change and Development Agreement, and making certain Findings and Statement of Overriding Considerations; and, WHEREAS, the City Council held the second reading of the Entitlements 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 Implementing Agreement stipulates that within 15 working days the City and Retailer shall enter into a letter agreement defining Retailer's employment outreach obligations, and such letter is hereby authorized to be executed by the City Manager on behalf of the City; 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 # 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. Resolution No. 16942 Page 2 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 Entitlements Resolution as Attachment B, and the Statement of Overriding Considerations which is attached to the Entitlemerits 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 Public Facilities Finanacing and Implementing Agreement with Price Company in the form presented, authorizes the 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 C093-013, 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. 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. Resolution No. 16942 Page 3 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-92-02} 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 Entitlemerits 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 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 Resolution No. 16942 Page 4 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 Ap.~~ t~form by / i//~ Resolution No. 16942 Page 5 ATTACHHENT A 1. Minimum square footage of 136,000. 1, Minimum square footage of 120,000. 2. Price Club "agrees to construct and open for 2. Price Club "curren~y intends to business." construct and open for business. 3. "...in no event shall the interest rate exceed 8%." 3. The interest rate has been fixed at 8%. 4. "Retailer ...shall provide a proactive approach to 4. For a period of 20 years... retailer...shall recruiting, training and/or hiring employees provide a proactive approach to from the local community. This approach must recruiting, training and/or hiring include a significant effort to work with local employees from the local providers including but not limited to SUDHS community...Retailer shall work with the Adult Program and Southwestem College..." local education and training providers as required by the City of Chula Vista. 5. "...the (H Street) facility shall be deemed 5. In the event the H Street facility closes permanently closed ff it closes...for three due to force majeure, loan repayment consecutive months...unless...due to...events of ceases until such time as the store force majeure." This language could require the reopens. City to continue to repay the loan even if the store closes and does not reopen due to force ITiajeure, Resolution No. 16942 Page 6 o Resolution No. 16942 Page 7 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, Horton, Moore, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: Nader ABSTAIN: Councilmembers: None ATTEST: Beveriy ~. 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. 16942 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.