HomeMy WebLinkAboutReso 1992-16522 RESOLUTION NO. 16522
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE PALOMAR TROLLEY CENTER PROJECT (EIR 91-02) SCH
#89032915
WHEREAS, the area of land which is the subject matter of this resolution
is an irregularly shaped parcel of land consisting of approximately 18.2 acres,
denoted as the "Project Site" on the attached Exhibit A ("Project Area"); and,
WHEREAS, a person having control over all or a portion of the development
of the Project Area has proposed, or is in the process of proposing the
development of the Project Area with the following improvements ("Palomar Trolley
Center Project" or alternatively "Project"): 198,200 gross square feet of
building space covering approximately 254 of the site area, with the remaining
754 of the project area consisting of sidewalks, parking, landscaping, and
roadways, an entertainment/recreation center, a day care center, vacation of a
street, and such other improvements, all of which is more particularly described
in Section 3.0, "Project Description" of the document entitled: "Final
Environmental Impact Report, Palomar Trolley Center" prepared by
Cotton/Beland/Associates, Inc. ("Consultant"), and dated February, 1992 ("FEIR"),
which project description contained therein is incorporated herein by reference
as the "Project," as if fully set forth herein, and which takes precedence to any
inconsistencies with a discription or reference to the Project herein contained;
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, of the discretionary activities identified in Section 3.0, "Project
Description" under the sub-section thereof, entitled "Intended Uses of the EIR",
of the FEIR; 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, in order to more fully determine that the Project may have an
adverse environmental impact, the Staff conducted an initial study, Initial Study
No. EIR 91-02, located in Appendix A of the FEIR, dated January 8, 1990, which
concluded that there is substantial evidence, or a reasonable inferences 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,
Resolution No. 16522
Page 2
WHEREAS, City retained the services of Consultant to prepare the EIR on the
Project; and,
WHEREAS, a draft Environmental Impact Report, dated September, 1991,
("DEIR") evaluating the proposed Project was prepared; and,
WHEREAS, on September, 1991, 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 public review
and receipt of comments would be from September 16, 1991 to November 6, 1991
("Public Review Period"), and at the same time of said filing, published or
otherwise gave in the manner required by law a notice of the availibility of the
DEIR ("Notice of Availability") both to commentators on the Notice of Preparation
("NOP") on September 13, 1991 and to the general public by newspaper publication
in the Star News on October 5, 1991; 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 EIR did not need to be recirculated (PRC 21092.1); and,
WHEREAS, on November 6, 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 provide at least ten days before certifying a final EIR
written proposed response to comment made by any public agency on the DEIR (PRC
21092.5); and,
WHEREAS, agency and public comments have been addressed in the Final
Environmental Impact Report ("FEIR") for 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 92-01) SCH # 89032915, dated -
February, 1992, which contains
Resolution No. 16522
Page 3
(1) Comments of the DEIR;
(2) Responses to Comments on the DEIR including an Introduction;
and,
(3) Section 10.0 of the FEIR, containing two addendi to the FEIR;
and,
B. Appendices (A through G) 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 to 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
resolutions 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 Approved as to form by
Resolution No. 16522
Page 4
Resolution No. 16522
Page 5
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 25th day of February, 1992, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore,
Rindone
NOES: Councilmember: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Nader
David Malcolm
Mayor Pro-Tempore
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. 16522 was duly passed, approved,
and adopted by the City Council held on the 25th day of February, 1992.
Executed this 25th day of February, 1992.
Beverly~, Authelet, City Clerk