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HomeMy WebLinkAboutCC RESO 2011-237RESOLUTION NO. 2011 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING A MITIGATED NEGATIVE DECLARATION, AND ADOPTING A MITIGATION MONITORING & REPORTING PROGRAM FOR THE 165,000 SQUARE -FOOT GATEWAY PROJECT APPLICANT: SUDBERRY PROPERTIES, INC. CASE FILE NO. 2008-37 IS WHEREAS, application was made for an Initial Study, for which a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 165,000 square - foot Gateway project were prepared and reviewed; and WHEREAS, on October 17, 2011, the Planning Commission considered the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, together with any comments received during the public review process, and recommended approval of said items; and WHEREAS, the City Council considered said Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, together with comments received during the public review process, at a duly advertised public hearing held on November 1, 2011; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2008-37 IS, which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the Planning Commission at the public hearing held on October 17, 2011, and to the City Council at the public hearing held on November 1, 2011, support the following findings: 1. That the Mitigated Negative Declaration (2008-37 IS) has been read and considered together with comments received during the public review process; and 2. That based on the whole record, including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis. Resolution No. 2011 — 237 November 1, 2011 Page Two BE IT FURTHER RESOLVED that based on these findings, the Mitigated Negative Declaration is certified, and the Mitigation Monitoring and Reporting Program is adopted, subject to the following condition: 1. All mitigation measures as specified in the Mitigation Monitoring, and Reporting Program (Appendix Z of the Mitigated Negative Declaration), adopted as part of this certification, referring to site lighting, habitat impacts, cultural resource impacts, soils and grading, hazardous materials, hydrology, noise, and traffic shall be incorporated herein by reference as conditions of approval. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. PASSED and ADOPTED this 1st day of Novel 2011. Ron Morrison, Mayor ATTEST: Mich el R. Dalla Ci Clerk OVED A _ TO FO is Gacit City Attorn -y Passed and adopted by the Council of the City of National City, California, on November 1, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: Councilmember Zarate. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City CIe of the City National City, California k o By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-237 of the City of National City, Califomia, passed and adopted by the Council of said City on November 1, 2011. City Clerk of the City of National City, California By: Deputy