HomeMy WebLinkAboutAttachment 4 - MND Planning Commission Resolution Attachment 3
1
RESOLUTION NO. 2023-12
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA MAKING CERTAIN FINDINGS OF
FACT AND CERTIFYING THE FINAL MITIGATED
NEGATIVE DECLARATION WITH MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE
SHINOHARA BUSINESS CENTER (IS21-0006; SCH NO.
2022080431) DESIGN REVIEW PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS VWP-OP Shinohara Owner, LLC (“Applicant”) submitted an application for
Design Review (“DR”) of the Shinohara Business Center (“Project”); and
WHEREAS the Director of Development Services has reviewed the Project for compliance
with the California Environmental Quality Act (“CEQA”) and has conducted an Initial Study,
IS21-0006. Based upon the results of the Initial Study, the Director of Development Services has
determined that the Project could result in significant effects on the environment. However,
revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate
the effects to a point where clearly no significant effects would occur; therefore, the Director of
Development Services has caused the preparation of a Mitigated Negative Declaration (“MND”),
IS21-0006, including all Technical Appendices and the responses to comments to the MND, and
an associated Mitigation, Monitoring, and Reporting Program (“MMRP”); and
WHEREAS the Final MND and the MMRP have been prepared by the City, as the Lead
Agency, pursuant to the requirements of the CEQA (Public Resources Code Sections 21000 et
seq.) and the State CEQA Guidelines (14 Cal Code Regs Sections 15000 et seq.) to address the
potential environmental impacts associated with the Project;
WHEREAS a draft MND with Mitigation Monitoring and Reporting Program (“IS21-
0006”) was circulated for public review on two separate occasions, the first review period started
August 22, 2022 to September 22, 2022. However, due to a missing technical study, an additional
30-day public review period was required to provide the public with all the informational studies
analyzed for the project. The MND was updated in response to comments provided during the
initial review with additional clarifying information. The recirculation of Draft MND (“Draft IS21-
0006” or “Draft MND”) began January 27, 2023 for a 30-day public review, and was processed
through the State Clearinghouse; and
WHEREAS, in consideration of the comments received regarding the Draft MND and
requirements of the California Environmental Quality Act (“CEQA”), a Final Mitigated Negative
Declaration (“Final IS21-0006” or “Final MND”) was prepared for the Project; and
WHEREAS the Final MND addresses all comments and recommendations received on the
Draft MND, a list of all persons, organizations, and public agencies commenting on the Draft
MND, and the City’s responses to all “significant environmental points” raised by the public and
agency comments submitted during the review and consultation process, in accordance with State
CEQA Guidelines Section 15074; and
PC Resolution No. 2023-12
June 28, 2023
2
WHEREAS the Director of Development Services set the time and place for a hearing on
the Design Review Permit application, and notice of the hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the City and its mailing to property
owners and residents within 500 feet of the exterior boundaries of the property at least 10 days
prior to the hearing; and
WHEREAS City staff recommends certification, approval and adoption of the Final MND
(IS21-0006), and the MMRP for the Project; and
WHEREAS the Chula Vista Planning Commission has reviewed and considered all such
materials for the Final MND (IS21-0006) and the MMRP for the Project; and
WHEREAS the Chula Vista Planning Commission held a duly noticed public hearing for
the Final MND and considered approval of this Resolution to certify the Final MND for the Project
pursuant to CEQA.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Chula Vista that it hereby finds, determines, and orders as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on the Project and the Final MND, as well as the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of proceedings pursuant to
Public Resources Code Section 21167.6. These documents, along with any documents
submitted to the Planning Commission, including documents specified in Public Resources
Code Section 21167.6, subdivision (e), shall comprise the entire record of proceedings for
any claims under CEQA (Public Resources Code §21000 et seq.). The record of
proceedings shall be maintained by the Development Services Department.
II. FINAL MND CONTENTS
Final IS21-0006 consists of the following:
1. MND for the Project
2. Comments received during public review and responses
3. Technical appendices
(All hereafter collectively referred to as “Final MND IS21-0006”)
III. Findings Regarding the Final MND IS21-0006 and the MMRP –
1. The Chula Vista Planning Commission has reviewed and considered the Final MND
IS21-0006 and the MMRP for the Project as the Lead Agency pursuant to CEQA and
finds that the Final MND and MMRP are adequate, complete and contain all
information required under CEQA and the State CEQA Guidelines.
PC Resolution No. 2023-12
June 28, 2023
3
2. As explained in the MND, including in all Technical Appendices and the responses to
comments to the MND, the mitigation measures contained in the MMRP for the Project
can and will mitigate or avoid all potentially significant environmental impacts
resulting from the Project.
3. The Chula Vista Planning Commission finds that the MMRP establishes a mechanism
and procedure for implementing and verifying the implementation of, and compliance
with, the adopted mitigation measures for the Project pursuant to Public Resources
Code Section 21081.6 and State CEQA Guidelines Sections 15097 and 15126.4, and
this Commission approves and adopts the MMRP. The MMRP is approved, adopted,
is incorporated into the Project as a condition of approval for the Design Review Permit
for the Project, and shall be fully enforceable.
4. The Chula Vista Planning Commission finds that there is substantial evidence in the
entirety of the record of proceedings for the Project to support the conclusions and
findings before this Commission.
5. The Chula Vista Planning Commission finds that the Final MND IS21-0006 reflects
the independent review and judgment of the Commission and the City.
6. The City has provided and will continue to provide the Final MND IS21-0006 and the
MMRP, and other materials for the record of proceedings for the Project, on file with
the City at 276 Fourth Avenue, Chula Vista, CA 91910, Oscar Romero, Senior Planner,
Development Services, and available for inspection.
IV. PRESENTATION TO THE DECISION-MAKING BODY
Final MND IS21-0006 was presented to the Planning Commission as the decision-making
body of the Lead Agency, which reviewed and considered the information contained
therein prior to approving the Project.
V. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Final MND IS21-0006 and the Findings of Fact (“Exhibit 1” to this Resolution, a copy of
which is on file with the Development Services Department) were prepared in accordance
with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the State CEQA
Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review
Procedures of the City of Chula Vista.
VI. INDEPENDENT JUDGMENT OF PLANNING COMMISSION
The Planning Commission utilized its independent judgment and analysis in reviewing
Final MND IS21-0006 for the City as Lead Agency for the Project.
VII. NOTICE OF DETERMINATION
PC Resolution No. 2023-12
June 28, 2023
4
The Director of Development Services is directed to file a Notice of Determination with
the County Clerk of the County of San Diego should the Planning Commission approve
this Project in accordance with State CEQA Guidelines Section 15075.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista,
on the basis of the findings set forth above, certifies Final MND IS21-0006 pursuant to CEQA and
the Mitigation Monitoring and Reporting Program in accordance with CEQA.
Submitted by: Approved as to form by:
_________________________ __________________________
Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 28th day of June, 2023, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Max Zaker, Chair
ATTEST:
_______________________
Patricia Salvacion, Secretary