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HomeMy WebLinkAboutReso 1992-16599 RESOLUTION NO. 16599 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADDENDUM THERETO FOR THE OTAY VALLEY ROAD WIDENING PROJECT (EIR 89-01) SCH #89083004 WHEREAS, the area of land which is the subject matter of this resolution is located in the extreme southeast corner of the City of Chula Vista (the "City"), approximately 3.5 miles north of the international border, extending approximately 8,800 linear feet from Interstate Highway 805 to the eastern City boundary (the "Project Site"); and, WHEREAS, the City has proposed the construction of the following public improvements within the Project Area: The widening of Otay Valley Road from Interstate Highway 805 to the eastern City boundary to a six-lane prime arterial within a 128 foot right-of-way. The improvements will include a 16 foot landscaped median, six 12 foot driving lanes, two 8 foot emergency parking lanes and 12 feet behind each shoulder curb for sidewalks, landscaping and utilities. The improvements are more particularly defined in Section 2.0, "Project Description" of the document entitled "Final Environmental Impact Report Otay Valley Road Widening Project Chula Vista" prepared for the City by Keller Environmental Associates, Inc. (KEA) ("Consultant"), dated August, 1991 ("FEIR"). The project description contained in the FEIR and the Addendum thereto, including the proposal to establish an assessment district pursuant to the Municipal Improvement Act of 1913 and to issue improvement bonds for such assessment district pursuant to the Improvement Bond Act of 1915 to implement the Project, is incorporated herein by this reference as the "Project," as set forth herein, and which takes precedence over any inconsistencies with a description 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 certain discretionary activities including, but not necessarily limited to, implementation of the Project through the establishment of an assessment district to provide the means to finance the construction of the Project, awarding a contract for the construction of the Project, the levy of assessments on properties within the proposed assessment district which directly and specially benefit from such improvements and the issuance of improvement bonds to finance the construction of such improvements; and, WHEREAS, based on a preliminary review of the Project, the Staff determined that the Project may have an adverse impact on the environment; and, WHEREAS, the Staff determined that the Project is not exempt, either statutorily or categorically, from compliance with the statutory duty, as set Resolution No. 16599 Page 2 forth in the California Environmental Quality Act ("CEQA") to prepare an environmental impact report (Guidelines 15061); and, WHEREAS, based upon its preliminary review of the Project, the Staff determined that the Project may have an adverse impact on the environment and that an Environmental Impact Report ("EIR") would clearly be required for the Project and therefore determined not to prepare an initial study but rather to cause to be prepared an EIR on the Project; and, WHEREAS, City retained the services of Consultant to prepare the EIR on the Project; and, WHEREAS, a draft Environmental Impact Report, dated August 10, 1989 ("DEIR") evaluating the proposed Project was prepared; and, WHEREAS, on August 29, 1989, 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 August 29, 1989 to October 13, 1989 ("Public Review Period"), and at the same time of said filing, gave in the manner required by law a notice of the availability of the DEIR ("Notice of Availability") to commentators on the Notice of Preparation ("NOP") on August 21, 1989; 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 determined that the EIR did not need to be recirculated (PRC 21092.1); and, WHEREAS, on November 8, 1989, the City Planning Commission, which is the designated commission by 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 continued the local Public Review Period to January 24, 1990; and, WHEREAS, City has provided at least ten days before certifying a final EIR written proposed response to comments 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 the Project; and, WHEREAS, the City Planning Commission reviewed the FEIR and certified on September 25, 1991, that the FEIR has been prepared in compliance with the CEQA Guidelines and the environmental review procedures of the City of Chula Vista; and, Resolution No. 16599 Page 3 WHEREAS, an Addendum to the FEIR was prepared to clarify that it is the establishment of the proposed assessment district that will provide the financial method to implement the Project; and, WHEREAS, this City Council has determined that the Final Environmental Impact Report and Addendum thereto was prepared in accordance with the provisions of the California Environmental Quality Act and its applicable Guidelines; and, NOW, THEREFORE, BE IT RESOLVED by 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 and Addendum The Final Environmental Impact Report for the Project consists of the Final Environmental Impact Report (EIR 89-01) SCH #89083004, dated August, 1991, which contains: (1) Comments on the DEIR; (2) Responses to Comments on the DEIR including an Introduction; and, (3) Addendum thereto. 2. Certification The FEIR and Addendum thereto are 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 and Addendum thereto Reviewed and Considered The FEIR and Addendum thereto 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. No Significant, Unavoidable Impacts Based upon its review and consideration of the FEIR and the Addendum thereto, this City Council finds and determines that no significant, unmitigable environmental impacts will result from implementation of the Project. 5. Resolution Not to Be Deemed Project Approval Nothing herein shall be deemed to constitute approval of the Project. 6. 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 Resolution No. 16599 Page 4 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 City Attorney Resolution No. 16599 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 21th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nade~"May6r ATTEST: B~verly ~. 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. 16599 was duly passed, approved, and adopted by the City Council held on the 21st day of April, 1992. Executed this 21st day of April, 1992.