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HomeMy WebLinkAboutCC RESO 2003 - 23RESOLUTION NO. 2003 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING AN ENVIRONMENTAL IMPACT REPORT AS CEQA RESPONSIBLE AGENCY FOR A RETAIL PROJECT PROPOSED BY WAL-MART REAL ESTATE BUSINESS TRUST WHEREAS, the City Council and the Community Development Commission of the City of National City ("CDC") did previously duly pass and adopt a Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan"); and WHEREAS, the CDC has approved an Owner Participation Agreement ("OPA") with Wal-Mart for the development of a retail center at the southwest corner of Highland Avenue and Plaza Boulevard, within the boundaries of the Redevelopment Plan ("Project"); and WHEREAS, a Notice of Availability of a Draft Environmental Impact Report ("DEIR") for the Project was issued and published by CDC on December 20, 2002, in a newspaper of general circulation; and WHEREAS, a DEIR was prepared by CDC as the CEQA lead agency, pursuant to the California Environmental Quality Act ("CEQA") and the guidelines for the implementation of CEQA for the Project; and WHEREAS, on December 23, 2002, the CDC released the DEIR for public review and comment, and posted a copy of the Notice of Completion/Availability of the DEIR at the Office of the County Clerk of the County of San Diego; and WHEREAS, on January 22, 2003, the public comment period on the DEIR was closed; and WHEREAS, due notice of the DEIR was given to all affected and interested parties by publication and through posting at the Office of the County Clerk of the County of San Diego; and WHEREAS, the City of National City is identified as a CEQA responsible agency and has authority to approve the construction of the Project, and was consulted during preparation of the DEIR; and Resolution No. 2003 — 23 February 4, 2003 Page Two WHEREAS, the Final EIR ("FEIR"), which contains, in part, all written and oral comments on the DEIR, a response to each comment, as well as clarifications and corrections to the DEIR has been prepared by the CDC; and WHEREAS, all action required to be taken by applicable law related to the preparation, circulation and review of the EIR, consisting of the DEIR and the FEIR has been taken; and on February 4, 2003, the CDC considered the OPA and the DEIR at a public meeting; and WHEREAS, all action required to be taken by the City as the CEQA responsible agency by applicable law related to the preparation, circulation and review of the FEIR has been taken. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City finds and determines as follows: Section 1. The City has reviewed and considered the Environmental Impact Report ("EIR"), consisting of the Draft Environmental Impact Report ("DEIR") and the Final Environmental Impact Report ("FEIR"), and all comments and responses thereto prior to approving the Project. Section 2. The City as the CEQA responsible agency hereby certifies that the EIR has been completed in compliance with CEQA and the State CEQA guidelines. Section 3. The City Council hereby adopts all of the CEQA findings set forth in the February 4, 2003 staff report to the City, including, without limitation: (1) certification of the EIR, consisting of the DEIR and the FEIR, (2) a determination of which of the Project's impacts are less than significant, or are significant but mitigatable, (3) a determination that changes or alterations have been required in or incorporated into the proposed Project which avoid or substantially lessen the potential significant effects identified in the EIR, including those changes or alterations within the jurisdiction of the City of National City, (4) a determination that a reasonable range of alternatives were rejected as infeasible alternatives to the Project as proposed; (5) the adoption of the Mitigation Monitoring and Reporting Program ("MMRP"). The Environmental Impact Report and the Mitigation Monitoring and Reporting Program are on file in the Office of the Executive Director of the Community Development Commission of the City of National City. Resolution No. 2003 — 23 February 4, 2003 Page Three Section 4. Pursuant to CEQA Guidelines Section 15091, the City Council hereby finds that the following environmental impacts were analyzed in the focused Environmental Impact Report (EIR) (consisting of the draft focused EIR dated December 2002 and the final focused EIR dated February 2003 for the "Wal- Mart Project", collectively the FEIR) and found to be potentially significant, but could be reduced to less than significant levels through the implementation of appropriate mitigation measures: a. Air Quality Impacts. The FEIR addressed the potential impacts of the proposed project on ambient air quality, and the exposure of people, especially sensitive individuals, to unhealthy air pollutant concentrations. Construction related air emission estimates were developed based on proposed construction activities and equipment. Operation related air emissions were based on vehicle trips, and on stationary emission sources planned for the proposed project. The criteria air pollutants of concern include ozone (03), carbon monoxide (CO), particulate matter (PM10), nitrogen oxides (N0X), and sulfur dioxides (SOO. Based upon the analysis in the FEIR, the proposed project would result in short-term impacts to air quality due to construction related air emissions. Construction of the proposed project would result in the temporary generation of emissions of NOX and PM10, CO and 03 from construction related emissions such as construction equipment exhaust, construction employee vehicle exhaust, and dust from land clearing. The project will also have long-term operational impacts as a result of vehicle trip generation to the project site and use of electricity and natural gas. Mitigation. Changes or alterations in the form of mitigation measures have been incorporated into the project, which lessen significant environmental impacts to less than significant levels. Mitigation measures identified in the FEIR and the Mitigation Monitoring and Reporting Program (MMRP) are: Submission of a dust control plan to control fugitive dust during construction of the project; ii. Incorporation of structural related emission reducing technologies such as efficient electrical equipment; and, iii. Incorporation into the project's design of trip reduction measures that include bike racks, carpooling, employee ride sharing incentives to ride public transportation. Resolution No. 2003 — 23 February 4, 2003 Page Four b. Noise Impacts. The FEIR analyzed potential impacts to noise from the proposed project and contains a complete noise technical study attached as Appendix D to the FEIR. The FEIR and noise study analyzed both construction related noise impacts as well as noise impacts resulting from the project's operation. The FEIR analyzed the exterior noise environment, identified noise control measures to reduce the predicted noise impacts, and presented necessary mitigation measures to reduce potentially significant noise impacts to acceptable levels. The FEIR concluded that construction related activities associated with the transport of workers and equipment, as well as site preparation and construction would result in short term noise impacts that were potentially significant. The FEIR also concluded that there is a potentially significant noise impact to individuals residing near the project from truck deliveries and other loading dock operations conducted between 10:00 p.m. and 7:00 a.m. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. The mitigation measures identified in the FEIR and the MMRP include compliance with the National City Municipal Code limiting construction noise and timing of construction activities as well as institution of mechanical measures to reduce noise emissions from construction vehicles. Another mitigation measure to be implemented is the construction of a 14-foot high wall that will lessen operational noise impacts from truck delivery activities. c. Transportation/Traffic Impacts: The FEIR analyzed impacts to various roadways and intersections surrounding the project site resulting from the proposed project. The FEIR also includes a comprehensive traffic study by Darnell & Associates included as Appendix E to the FEIR. The FEIR analyzed 18 key intersections in the vicinity of the project site to determine the extent of project related traffic impacts. The FEIR concluded that the project related traffic impacts will be less than significant. However, the traffic impacts from the proposed project are cumulatively considerable. The proposed project's contribution to increased congestion will result in significant traffic impacts by the year 2020. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures. The FEIR and the MMRP identified various mitigation measures that will reduce the project -related traffic related impacts to a less than significant level. For mitigation of the cumulative effects of the proposed project, the project applicant shall be required to contribute to the City of National City, the CEQA responsible agency, its fair share for the construction of improvements that will mitigate cumulative traffic impacts to a less than significant level. Resolution No. 2003 — 23 February 4, 2003 Page Five Section 5. ALTERNATIVES TO THE PROPOSED PROJECT. Pursuant to CEQA Guidelines Section15126.6, the FEIR included a discussion of alternatives to the proposed action. The FEIR examined three alternatives: and, (1) No Project/No Build Alternative; (2) No Project/Reasonably Foreseeable Future Use Of Site Alternative; (3) Alternative Site Design Alternative. Alternative 1: No Project/No Building Alternative. Under the No Project/No Build Alternative, the proposed project would not be constructed and the project area would remain in its current vacant condition. Based upon the analysis in the FEIR, the No Project/No Build Alternative is infeasible because it does not meet the project objectives, and would not provide the benefits of a commercial retail center or provide the beneficial social and economic aspects of the proposed project and would not meet the objectives of the removal of blight conditions or the increased economic viability of the Redevelopment Plan Project Area. Alternative 2: No Project/Reasonably Foreseeable Future Use Of The Site Alternative. Under the No Project/Reasonably Foreseeable Future Use of the Site Alternative, the proposed commercial development would not be constructed, and the project area would be developed according to future predictable uses of the land. The project site is designated as general commercial in the City's General Plan and Zoning Ordinance. The Land Use/Zoning Designation for its high intensity commercial and complimentary development. A reasonably foreseeable future use would consist of a commercial retail development that is reduced in size as well as an administrative office complex. The No Project/Reasonably Foreseeable Development Alternative is infeasible because it would not achieve, to the same extent as the proposed project, the removal of blight conditions and the increased economic viability of the Redevelopment Plan Project Area. Alternative 3: Alternative Site Design Alternative. Under the Alternative Site Design Alternative, the proposed project would not be constructed and the project area would be developed as a Super K-Mart consisting of 179,466 square feet of commercial retail space, or similar sized big -box retail development, as was previously considered for this site. The Super K-Mart would provide significantly more commercial floor space than the proposed project (about 25% more). The Resolution No. 2003 — 23 February 4, 2003 Page Six development of the Super K-Mart, or similar sized big -box retail development, would satisfy project objectives. However, this alternative, due to its larger size, would result in environmental impacts that would exceed that of the proposed project, and therefore the Alternative Site Design Alternative is infeasible. Section 6. The City Council further finds that the EIR reflects the independent judgment and analysis of the City as the CEQA responsible agency based upon the whole record of the EIR, consisting of the DEIR and the FEIR, and testimony received on the EIR. BE IT FURTHER RESOLVED that the City Council has reviewed and considered the information contained in the FEIR prepared for the proposed Wal- Mart project and hereby certifies the FEIR. BE IT FURTHER RESOLVED that the City Clerk of the City of National City is authorized to file a Notice of Determination with the County Clerk of the County of San Diego following adoption by the City of this resolution certifying the DR. PASSED and ADOPTED this 4th day of February, 2003. ATTEST: h Mic .el R. Della, City Clerk APPROVED AS TO FORM: 211 George H. Eiser, III City Attorney Nick Inzunz'a, ayor ADDITIONAL CEQA FINDINGS Pursuant to CEQA Guidelines §15091, the CDC finds that the following environmental impacts were analyzed in the focused Environmental Impact Report (EIR) (consisting of the draft focused EIR dated December 2002 and the final focused EIR dated February 2003 for the "Wal-Mart Project", collectively the FEIR) and found to be potentially significant, but could be reduced to less than significant levels through the implementation of appropriate mitigation measures. 1. Air Quality Impacts. The FEIR addressed the potential impacts of the proposed project on ambient air quality, and the exposure of people, especially sensitive individuals, to unhealthy air pollutant concentrations. Construction related air emission estimates were developed based on proposed construction activities and equipment. Operation related air emissions were based on vehicle trips, and on stationary emission sources planned for the proposed project. The criteria air pollutants of concern include ozone (03), carbon monoxide (CO), particulate matter (PM10), nitrogen oxides (NOx), and sulfur dioxides (SO2). Based upon the analysis in the FEIR, the proposed project would result in short-term impacts to air quality due to construction related air emissions. Construction of the proposed project would result in the temporary generation of emissions of NOx and PMIo, CO and 03 from construction related emissions such as construction equipment exhaust, construction employee vehicle exhaust, and dust from land clearing. The project will also have long term operational impacts as a result of vehicle trip generation to the project site and use of electricity and natural gas. 2 Mitigation. Changes or alterations in the form of mitigation measures have been incorporated into the project, which lessen significant environmental impacts to less than significant levels. Mitigation measures identified in the FEIR and the Mitigation Monitoring and Reporting Program (MMRP) are: i. Submission of a dust control plan to control fugitive dust during construction of the project; ii. Incorporation or structural related emission reducing technologies such as efficient electrical equipment; and, iii. Incorporation into the project's design of trip reduction measures that include bike racks, car pooling, employee ride sharing incentives to ride public transportation. Noise Impacts. The FEIR analyzed potential impacts to noise from the proposed project and contains a complete noise technical study attached as Appendix D to the FEIR. The FEIR and noise study analyzed both construction related noise impacts as well as noise impacts resulting from the project's operation. The FEIR analyzed the exterior noise environment, identified noise control measures to reduce the predicted noise impacts, and presented necessary mitigation measures to reduce potentially significant noise impacts to acceptable levels. The FEIR concluded that construction related activities associated with the transport of workers and equipment, as well as site preparation and construction would result in short term noise impacts that were potentially significant. The FEIR also concluded that there is a potentially significant noise impact to individuals residing near the project from truck deliveries and other loading dock operations conducted between 10:00 p.m. and 7:00 a.m. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. The mitigation measures identified in the FEIR and the MMRP include compliance with the National City Municipal Code limiting construction noise and timing of construction activities as well as institution of mechanical measures to reduce noise emissions from construction vehicles. Another mitigation measure to be implemented is the construction of a 14 foot high wall that will lessen operational noise impacts from truck delivery activities. 3. Transportation/Traffic Impacts: The FEIR analyzed impacts to various roadways and intersections surrounding the project site resulting from the proposed project. The FEIR also includes a comprehensive traffic study by Darnell & Associates included as Appendix E to the FEIR. The FEIR analyzed 18 key intersections in the vicinity of the project site to determine the extent of project related traffic impacts. The FEIR concluded that the project related traffic impacts will be less than significant. However, the traffic impacts from the proposed project are cumulatively considerable. The proposed project's contribution to increased congestion will result in significant traffic impacts by the year 2020. Mitigation. Changes or alterations have been incorporated into the project which avoid or substantially lessen the significant environmental effects. These changes are identified in the form of mitigation measures. The FEIR and the MMRP identified various mitigation measures that will reduce the project -related traffic related impacts to a less than significant level. For mitigation of the cumulative effects of the proposed project, the project applicant shall be required to contribute to the City of National City, the CEQA responsible agency, its fair share for the construction of improvements that will mitigate cumulative traffic impacts to a less than significant level. ALTERNATIVES TO THE PROPOSED PROJECT. Pursuant to CEQA Guidelines § 15126.6, the FEIR included a discussion of alternatives to the proposed action. The FEIR examined three alternatives: (1) No Project/No Build Alternative; (2) No Project/Reasonably Foreseeable Future Use Of Site Alternative; and, 2 (3) Alternative Site Design Alternative. Alternative 1: No Project/No Building Alternative. Under the No Project/No Build Alternative, the proposed project would not be constructed and the project area would remain in its current vacant condition. Based upon the analysis in the FEIR, the CDC finds that the No Project/No Build Alternative is infeasible because it does not meet the project objectives, and would not provide the benefits of a commercial retail center or provide the beneficial social and economic aspects of the proposed project and would not meet the objectives of the removal of blight conditions or the increased economic viability of the Redevelopment Plan Project Area.. Alternative 2: No Project/Reasonably Foreseeable Future Use Of The Site Alternative. Under the No Project/Reasonably Foreseeable Future Use of the Site Alternative, the proposed commercial development would not be constructed, and the project area would be developed according to future predictable uses of the land. The project site is designated as general commercial in the City's General Plan and Zoning Ordinance. The Land Use/Zoning Designation for its high intensity commercial and complimentary development. A reasonably foreseeable future use would consist of a commercial retail development that is reduced in size as well as an administrative office complex. The CDC hereby finds that the No Project/Reasonably Foreseeable Development Alternative is infeasible because it would not achieve, to the same extent as the proposed project, the removal of blight conditions and the increased economic viability of the Redevelopment Plan Project Area. Alternative 4: Alternative Site Design Alternative. Under the Alternative Site Design Alternative, the proposed project would not be constructed and the project area would be developed as a Super K-Mart consisting of 179,466 square feet of commercial retail space, or similar sized big -box retail development, as was previously considered for this site. The Super K-Mart would provide significantly more commercial floor space than the proposed project (about 25% more). The City hereby fords that the development of the Super K-Mart, or similar sized big -box retail development, would satisfy project objectives. However, this alternative, due to its larger size, would result in environmental impacts that would exceed that of the proposed project, and therefore the Alternative Site Design Alternative is infeasible. 3