Resolution A
1 RESOLUTION NO. ________
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 Design Review (“DR”) 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 ha d caused the preparation of a Final Mitigated Negative Declaration (“Final MND”), IS21-0006, including all technical appendices and the responses to comments to the Final MND, and an associated draft Mitigation, Monitoring, and Reporting Program (“MMRP”); 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 testimony and staff’s presentation; and
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 appeal of the Planning Commission’s 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. ________
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 propert y 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 Commission’s certification and approvals of 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 appeal filed regarding the Planning Commission’s certification and approvals 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, na mely 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 de termine that under the provisions of Chula Vista Municipal Code (“CVMC”) Section 19.14. 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), and the City Planning Commission’s 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 hearing s on the Project, and the resolution(s) resulting therefrom (including but not limited to the City Council’s September 12, 2023, Resolution No. ______), 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.
Resolution No. ________
3 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.
Submitted 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