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Home My WebLink AboutReso 2016-202 RESOLUTION NO. 2016-202 RESOLUTION OF THE CITY COUNCIL OF THE CIT1' OF CHtiLA V1STA CERTIFI'II�iG THE FIt�'AL EI�TVIRONMEI�'TAL IMPACT REPORT (EIR 1�- 0002/SCH2O16021010) FOR THE SHARP OCEAN \'IEV�' TOWER PROJECT: MAftING CERTAII�' FII�iDII�'GS OF FACT: AIvD ADOPTII�'G A MITIGATION MONITORING AND REPORTING PROGRAM PURSUAi\'T TO THE CALIFORI�'I.A ENVIRONMENTAL QUALITY ACT R'HEREAS, Sharp Chula Vista Medical Center, submitted an application on No��ember 30; 201�; requestina appro��al of the Sharp Ocean View Tow�er Project (Project); and \�THEREAS, a draft EIR 1�-0002 for the Project ��as issued for public re��ie�ti� on June 20, 2016, and was processed throueh the State Clearinghouse: and VdHEREAS. public comments were received regardin� the public review drafr of EIR 1�- 0002; and pursuant to Section 1�088 all comments received H�ere responded to in w7iting; and WEIEREAS, a Final Environmental Impact Report (EIR 15-0002) «�as prepazed for the Sharp Ocean View Tower Project; and WHEREAS. to the extent that the Findinos of Fact for the Project, dated August 23, 2016, (Eshibit "A" of this Resolution, on file in the Office of the Cit}� Clerk)_ conclude that proposed mitigation measures outlined in Final EIR 1�-0002 are feasible and ha��e not been modified: superseded or �vithdraNro. the City of Chula Vista hereby binds itself and the Applicant and its successors in interest, to implement those measures. These findinos aze not merel�� information or ad��ison�. but constitute a bindine set of oblisations that �vill come into effect when the City adopts the resolution approving the Project. The adopted mitisation measures contained ��ithin the Mitigation Monitoring and Reportine Proeram. Exhibit "B" of this Resolution, on file in the Office of the Cit�- Clerk, aze expressed as conditions of approval. Other requirements are referenced in the Mitieation Monitoring and Reporting Program adopted concurrently N�ith these Findines of Fact and ��ill be effectuated throuah the process of implementin2 the Project. NO�I'. THEREFORE. BE IT RESOLVED that the Cit�� Council of the Cin� of Chula Vista does hereb�� determine, resol��e and order as follows: I. Final EIR 1�-0002 CONTENTS That the final EIR 1�-0002 consists of the follo�vine: ' l. Project EIR for the Sharp Ocean Vie�� Tower Project (including technical appendices): and Resolution No. 2016-202 Page No. 2 2. Comments and Responses (All bereafier collectively referred to as "FEIR 15-0002") II. ACCOMPANYING DOCUMENTS TO FE1R 15-0002 1. Mitigation Monitoring and Reporting Program; and 2. Findings of Fact III. CERTIFICATION OF COMPIANCE W1TH CALIFORNIA ENVIRONMENTAL QUALITY ACT That the City Council does hereby find that FEIR 15-0002, and the Findings of Fact (Exhibit "A" to this Resolution, on file with the Oifice of the City Clerk), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution, on file with the Office of the City Clerk) are prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (PUb. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §]5000 e� seg.), and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the FEIR 15-0002 reflects the independent judgment of the City of Chula Vista City Council. V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council does hereby approve, accepis as its own, incorporate as if set forth in full herein, and make each and every one of the findings coutaioed in the Findinas of Fact; Exhibit "A" of this Resolution, a copy of which is on file in the Office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in FEIR 15-0002 and in the Findings of Fact far this Project, ��hich is Exhibit "A" to this Resolution, a copy of which is on file in the Office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures described in the above refercnced documents are feasible and will become binding upon the entity (such as the Project proponent or the Cit}�) assigned thereby to implement the same. Resolution No. 2016-202 Paee No. 3 C. ]nfeasibilit�� of Altematives As more fully identified and set forth in FEIR 1�-0002 and in the Findings of Fact, for this Project. w�hich is Eshibit "A" to this Resolution, a copy of N�hich is on file in the Office of the Citv Clerk. the Cit�� Council hereb�� finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 1�091 that alternatives to the Project, which ��ere identified in FEIR-1�-0002, were not found to reduce impacts to a ]ess than significant le��el or meet the Project objecti��es. D. Adoption of Mitieation A4onitoring and Reponine Proeram As required b�� the Public Resources Code Section 21081.6, the City Council hereb�� adopts the A4itigation 1�4onitoring and Reponine Program set forth in Exhibit "B" of this Resolution, a cop�� of��hich is on file in the Office of the City Clerk. The Cit�� Council further finds that the n4itieatio❑ Monitorino and Reponing Proeram is desi�ned to ensure that, during Project implementation, the permittee/project applicant and anv other responsible parties implement the Project components and compl�� vith the mitigation measures identified in the Findines of Fact and the Mitieation n4onitorine and Reportine Program. VI. NOTICE OF DETERMINATION That the De��elopment Senices Director of the Cit}� of Chula Vista is directed afrer City Councii appro��al of this Project to ensure that a I�'otice of Determination is filed �+�ith the Countv Clerk of the Counri� of San Dieeo. These documents. alons ��ith an�� documents submitted to the decision-makers, includine documents specified in Public Resources Code Section 21 167.6. subdivision(s). shall comprise the entire record of proceedings for any claims under the CEQA. BE IT FURTHER RESOLVED that the Cit�� Council of the Citv of Chula Vista does hereb�� find that FEIR 1�-0002. and the Findings of Fact (Exhibit "A" to this Resolution, a copy N�hich is on file with the Office of the City Clerk), and the n4itieation n4onitorine and Reportine Program (Exhibit "B" to this Resolution, a copy �vhich is on file ��ith the Office of the City Clerk) have been prepared in accordance ti�ith the requirements of the CEQA (Pub. Resources Code; §21000 et seq.); CEQA Guidelines (Califomia Code Regs. Title 14 §1�000 et seq.). and the Environmental Revie�� Procedures of the Cih� of Chula Vista and therefore, should be certified. Presented b�� Appro��ed as to form b�� Kell�� Bro to . Glen R. Go eins Director eve opment Ser��ices itv Attorne � Resolution No. 2016-202 Page No. 4 PASSED; APPROVED, and ADOPTED by the City Council of the Ciry of Chula Vista, California, this 4th day of October 2016 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, and Salas NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: McCann and Miesen � .�/ Mary S s, Mayor ATTGST: ��/ Donna R. Norris; CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, Ciry Clerk of Chula Vista, Califomia, do hereby certify that the foregoing Resolution No. 2016-202 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of October 2016. Executed this 4th day of October 2016. Donna R. Norris, CMC, City Clerk