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HomeMy WebLinkAboutReso 2004-125 RESOLUTION NO. 2004-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA CERTIFYING THE FINAL PROGRAM EIR FOR THE 2004 AMENDMENT, IN THE FORM OF AN AMENDED AND RESTATED REDEVELOPMENT PLAN, TO THE MERGED CHOLA VISTA REDEVELOPMENT PROJECT WHEREAS, on August 15, 1978, the City Council of the City of Chula Vista ("City Council") adopted Ordinance No. 1827 approving a redevelopment plan for the Town Centre II Redevelopment Project and has subsequently amended said redevelopment plan on May 19, 1987 by Ordinance No. 2207, on July 19, 1988 by Ordinance No. 2274, on November 8,1994 by Ordinance No. 2610, and on August 22, 2000 by Ordinance No. 2817 ("Town Centre II Plan"); and WHEREAS, on December 29, 1983, the City Council adopted Ordinance No. 2059 approving a redevelopment plan for the Otay Valley Road Redevelopment Project and has subsequently amended said redevelopment plan on November 8, 1994 by Ordinance No. 2611 and on August 22,2000 by Ordinance No. 2818 ("Otay Valley Plan"); and WHEREAS, on November 27, 1990, the City Council adopted Ordinance No. 2420 approving a redevelopment plan for the Southwest Redevelopment Project and has subsequently amended said redevelopment plan on July 9, 1991 by Ordinance No. 2467, on November 8, 1994 by Ordinance No. 2612, and on August 22, 2000 by Ordinance No. 2819 ("Southwest Plan"); and WHEREAS, by Ordinance No. 2819, the Town Centre II Plan, Otay Valley Plan, and Southwest Plan (collectively, the "Plans") were merged to establish the Merged Chula Vista Redevelopment Project to facilitate the sharing of financial resources pursuant to Sections 33485 through 33489 of the California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"); and WHEREAS, on January 13, 2004, the City Council adopted Ordinance No. 2947 amending the Plans to eliminate the time limit on incurring indebtedness, pursuant to Senate Bill 211 codified in Health and Safety Code Section 33333.6(e)(2)(B); and WHEREAS, on February 3, 2004, the City Council adopted Ordinance No. 2949 amending the Plans to extend the duration ofthe plan's effectiveness and time limit to collect tax increment revenue by one year, pursuant to Senate Bill 1045 codified in Health and Safety Code Section 33333.6(e)(2)(C); and WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is proposing to amend the Merged Chula Vista Redevelopment Project to consolidate the constituent Plans into a single redevelopment plan document, add property to the Merged Chula Vista Redevelopment Project boundaries, and, subject to certain limitations, extend eminent domain authority in the Town Centre II and Otay Valley constituent project areas, which amendment as generally described above is in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project ("2004 Amendment"); and Resolution 2004-125 Page 2 WHEREAS, the Agency has prepared a Program Environmental Impact Report ("EIR") on the proposed 2004 Amendment pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et. seq., "CEQA"), and the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, Sections 15000 et. Seq., the "Guidelines") and City CEQA Guidelines and City Environmental Review Procedures; and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation, and review of the ErR have been taken; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented to incorporate all comments received during the public review period and the response of the Agency and the City thereto; and WHEREAS, the Findings of Fact for the 2004 Amendment, dated October 22, 2003 (Exhibit "A" of this resolution) conclude that proposed mitigation measures outlined in the EIR are feasible and have not been modified, superceded or withdrawn. These findings are not merely information or advisory, but constitute a binding set of obligations that will come into effect when the City Council adopts the ordinances adopting the 2004 Amendment. The adopted mitigation measures contained within the Mitigation Monitoring and Reporting Program of the Final EIR are expressed as conditions of approval. Other requirements are referenced in the Mitigation Monitoring and Reporting Program adopted concurrently with the Findings of Fact and will be effectuated through the process of implementing the 2004 Amendment; and WHEREAS, on March 3, 2004, the Planning Commission of the City of Chula Vista adopted Resolution No. 04-01 certifying the Final ErR and recommending that the City Council certify the Final EIR as well. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista as follows: I. FINAL ErR 04-01 CONTENTS That the Final EIR 04-01 consists of the following: 1. Program EIR for the 2004 Amendment to the Merged Chula Vista Redevelopment Project, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project; and 2. 3. Comments and Responses to Comments; and Mitigation Monitoring and Reporting Program. (All hereafter collectively referred to as "Final EIR") II. ACCOMPANYING DOCUMENTS TO THE FINAL ErR 1. 2. Findings of Fact; and Mitigation Monitoring and Reporting Program. III. CERTIFICATION OF COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT Resolution 2004-125 Page 3 That the City Council does hereby finds that the Final EIR, the Findings of Fact (Exhibit "A") and the Mitigation Monitoring and Reporting Program (Exhibit "B") have been prepared in accordance with the requirements of CEQA (Public Resources Code Section 21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 Section 15000 et seq.), City CEQA Guidelines, and the Environmental Review Procedures of the City ofChula Vista. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL That the Final EIR reflects the independent judgment of the City Council of the City of Chula Vista. V. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A. Adoption of Findings of Fact The City Council hereby makes each and every one of the findings contained in the Findings of Fact, (Exhibit "A"), on file in the Office of the City Clerk. B. Mitigation Measures Feasible and Adopted As more fully identified and set forth in the Final EIR and in the Findings of Fact for this Project, 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-referenced documents are feasible and will become binding upon the entity (Agency or City) assigned thereby to implement the same. C. Infeasibility of Alternatives As more fully identified and set forth in the Final EIR and in the Findings of Fact Section XI, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines 15091 that alternatives to the Project, which were identified in the Final EIR, were not found to reduce impacts to a less than significant level and/or meet Project objectives and/or were found to be infeasible based upon specific economic, social, or other considerations. D. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (Exhibit "B"), on file in the Office of the City Clerk. The City Council further finds that the Mitigation Monitoring and Reporting Program is designed to ensure that, during project implementation, the Agency, City, and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista certifies that the documents constituting the City's record of proceedings on which its decision is based are contained in the Office of the City Clerk of the City ofChula Vista and the City Clerk is the custodian of records of those documents; and Resolution 2004-125 Page 4 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, hereby certifies and adopts the Final EIR for the 2004 Amendment to the Merged Chula Vista Redevelopment Project, in the form of an Amended and Restated Redevelopment Plan for the Merged Chula Vista Redevelopment Project Area, in accordance with the CEQA, the CEQA Guidelines, City CEQA Guidelines, and the Environmental Review Procedures of the City of Chula Vista. Presented by Approved as to form by u CA~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 20th day of April, 2004, by the following vote: AYES: Councilmembers: Davis, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: ATTEST: ~--u~'~/1v, -' Susan Bigelow, CMC, City lerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-125 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 20th day of April, 2004. Executed this 20th day of April, 2004. ~11~~(2~ Susan Bigelow, CMC, City lerk