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HomeMy WebLinkAboutReso 2023-135 RESOLUTION NO. 2023-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL FILED BY THE GOLDEN STATE ENVIRONMENTAL JUSTICE ALLIANCE FOR THE SHINOHARA BUSINESS CENTER PROJECT TO CONSTRUCT A 178,156-SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A VACANT 9.72- ACRE SITE LOCATED AT 517 SHINOHARA LANE WHEREAS, VWP-OP Shinohara Owner, LLC (Applicant) submitted an application for of the Shinohara Business Center (Project); and WHEREAS, the!Director of Development Services reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and 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 no significant effects would occur; and WHEREAS, the Director of Development Services had caused the preparation of a Final Final -0006, including all technical appendices and the responses to comments to the Final MND, and an associated draft Mitigation, Monitoring, and WHEREAS, the Director of Development Services set the time and place for a hearing before the City Planning Commission on the Final MND, the MMRP, and the DR 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, the duly called and noticed public hearing on the Final MND, the MMRP, and the DR Permit for the Project was held before the Planning Commission of the City of Chula Vista on June 28, 2023, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public WHEREAS, the Planning Commission on June 28, 2023, reviewed the Project for compliance with CEQA and certified the Final MND and MMRP, and approved the DR permit; and WHEREAS, on July 12, 2023, the Golden State Environmental Justice Alliance filed an decisions to certify the Final MND and MMRP, and to approve DR Permit (DR21-0032); and WHEREAS, the Project applicant has prepared, and City staff has reviewed and approved, detailed responses to each appeal issue raised in this matter, which responses are included as Attachment 7 to the Staff Report for the City Council hearing on the Project; and Resolution No. 2023-135 Page No. 2 WHEREAS,the City Clerk set the time and place for the public hearing before the City Council on the appeal and notice of said 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 denial of the appeal filed regarding the Planning the Final MND, the MMRP, and the DR Permit for the Project; and WHEREAS, the Chula Vista City Council has reviewed and considered all such materials for the Final MND, the MMRP, and the DR Permit for the Project, as well as the staff report and all attachments for the hearing on the appeal; and WHEREAS, the City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely September 12, 2023, at 5:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code 588, the appeal that is the subject of this resolution is hereby denied, with findings as follows: I. CITY COUNCIL RECORD That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the staff report for the hearing on the appeal regarding the Project (including all attachments and responses to the appeal issues raised), determination and certification for the Final MND, MMRP, and Design Review Permit for the Project and adopts the determination and all evidence introduced before the Planning Commission and the City Council at the public hearings on the Project, and the resolution(s) resulting therefrom (including but not September 12, 2023, Resolution No. 2023-136), and which are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, does hereby adopt all findings made by the Planning Commission contained in resolution(s) for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the appeal that is the subject of this resolution is DENIED. Resolution No. 2023-135 Page No. 3 Presented by Approved as to form by Laura C. Black, AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 12th day of September 2023 by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None John McCann, Mayor ATTEST: Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2023-135 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 12th day of September 2023. Executed this 12th day of September 2023. Kerry K. Bigelow, MMC, City Clerk