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HomeMy WebLinkAboutReso 1987-12941 Revised 3/18/87 RESOLUTION NO. 12941 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE CHULA VISTA TOWN CENTRE II PROJECT AND ORDERING THE VACATION OF FIFTH AVENUE BETWEEN "H" AND "I" STREETS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, by Resolution No. 12911 adopted on the 24th day of February, 1987, notice of intention to vacate Fifth Avenue between "H" and "I" Streets in the City of Chula Vista was given, and WHEREAS, Tuesday, March 17, 1987 at 7:00 p.m. in the Council Chambers, City of Chula Vista, 276 Fourth Avenue, was fixed as the time and place for hearing aay objections to such closing and vacating, and WHEREAS, the Planning Commission on February 25, 1987 approved EIR-86-3 in which the environmental effects of this project were reviewed in compliance with CEQA Guidelines, and WHEREAS, the Town Centre Project Area Committee on March 3, 1987 recommended the closure of Fifth Avenue between and 'I" Streets if no other feasible means exist for expansion of the shopping center, and WHEREAS, the Planning Commission on March 11, 1987 in workshop session supported the closure of Fifth Avenue to allow the renovation of the shopping center as proposed by Homart, and WHEREAS, the City's public utility easements in the street shall be reserved until such time as alternative arrangements satisfactory to the City Engineer are made. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista pursuant to Streets and Highways Code Section 8324 finds from all the evidence submitted to it and based upon the conditions set forth below that the portion of Fifth Avenue between "H" and "I" Streets in the City of Chula Vista is unnecessary for present or prospective public use Decause adequate alternative circulation avenues exist and because the mitigation measures set forth in EIR-86-3 sufficiently mitigate any adverse effects on traffic related to this vacation. -1- BE IT FURTHER RESOLVED that this vacation take effect only after conditions required by the City Council have been satisfied and the City Clerk is instructed that this resolution of vacation not be recorded until notified by the City Attorney that the conditions enumerated below have been satisfied: 1. A portion of Fig Avenue shall be vacated by the City of Chula Vista or other appropriate arrangements shall be made to prevent through traffic from traveling directly between "H" and "I" Streets on Fig Avenue. 2. The City and/or the Redevelopment Agency shall enter into a development and disposition agreement satisfactory to the City and/or Agency which at a minimum provides for the final design, financing and construction of all the street improvements described as mitigation measures in the environmental impact report for this project. The Development and Disposition Agreement shall address the following issues: A. It shall insure that the quality of the shopping center is first-class comparable to University Town Centre. B. It shall provide for a citizen's group appointed by the Mayor and City Council to address those matters of community concern associated with the redevelopment of the shopping center. C. It shall provide for a through road at the east end of the shopping center with the parking lot improvements and pedestrian walkway as proposed on the new map offered at the March 17, 1987 City Council meeting. D. It shall provide that the City's contribution shall be secured by increased sales tax revenues and increased property tax increment only. E. The agreement and proposal shall be reviewed by the Police Department and any law enforcement problems be addressed. BE IT FURTHER RESOLVED that the City's public utility easements in the street shall be reserved until such time as alternative arrangements satisfactory to the City Engineer are made. Presented by Approved as to form by J~hn P. Lip~'itt~ ~ir~ctor of T~omas J.~r rron, City Attorney P~blic Works/City Engineer ~'- ~/ 2671a --2-- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 17th d~y of. March 19 . ~7 , by the following vote, to-wit: AYES: Councilmembers Moore, Cox, McCandliss, Nader NAYES: Counci 1 members Mal col m ABSTAIN: Counci lmembers None ABSENT: Counci 1 members None ~yor~e City of Chula Vista City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12941 ,and that the same has not been amended or repealed. DATED City Clerk CI'IY OF CHUI.A VISIA CC-660