HomeMy WebLinkAboutResolutions - No. 2009-27RESOLUTION NO. 2009-27
A RESOLUTION OF THE LODI CITY COUNCIL CERTIFYING
THE FINAL REVISED ENVIRONMENTAL IMPACT REPORT
(EIR-03-01) RELATING TO THE LODI SHOPPING CENTER
PROJECT; STATE CLEARINGHOUSE NO. 2003042113
WHEREAS, an application was filed by Browman Development Company for a
commercial shopping center at 2640 W. Kettleman Lane, more particularly described as
Assessor's Parcel Numbers 058-030-08 and 058-030-02 and a portion of 058-030-09; and
WHEREAS, the Community Development Director made a determination that the project
may have a potentially significant impact on the environment and ordered the preparation of an
Environmental Impact Report (EIR); and
WHEREAS, the Notice of Preparation (NOP) of the Draft EIR was prepared and
distributed to reviewing agencies on April 14, 2003; and
WHEREAS, the Draft EIR (DEIR) was released for circulation on August 5, 2004; and
WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days published
notice, held a study session and public hearing on September 9, 2004. Public comments on the
DEIR were taken at this hearing; and
WHEREAS, a Final EIR (FEIR) responding to all public comments on the DEIR
submitted prior to the expiration of the comment period was prepared and released to the public
and commenting agencies on November 22,2004; and
WHEREAS, on December 8, 2004, the Planning Commission of the City of Lodi, after
ten (10) days published notice, held a public hearing before said Commission; and
WHEREAS, the Planning Commission of the City of Lodi reviewed and certified the FEIR
prepared for the project; and
WHEREAS, that certification and approval was appealed to the Lodi City Council; and
WHEREAS, the Lodi City Council, on appeal, reviewed and certified the FEIR prepared
for the project (Resolution No. 2005-26, February 3, 2005); and
WHEREAS, the Lodi City Council rescinded the certification of the FEIR and approval of
the project on May 3, 2006, pursuant to Superior Court Order of December 19, 2005, which
order directed revisions to be made to the EIR; and
WHEREAS, in response to the Court Order, the City prepared a NOP for the Revisions
to the EIR (REIR) and distributed it to reviewing agencies on September 25, 2006; and
WHEREAS, the Draft Revisions to the EIR (DREIR) was released and circulated on
October 17, 2007, for public comment and review; and
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WHEREAS, the Planning Commission of the City of Lodi, after ten (10) days published
notice, held a study session and public hearing on November 14, 2007. Public comments on
the DREIR were received at this hearing; and
WHEREAS, a Final Revisions to the EIR (FREIR), which includes the DREIR as revised
and responses to all public comments on the DREIR submitted prior to the expiration of the
comment period, was prepared and released to the public and commenting agencies on August
26,2008; and
WHEREAS, on October 8, 2008, the Planning Commission of the City of Lodi held a
hearing on the adequacy of the FREIR, and the Planning Commission declined to certify the
FREIR; and
WHEREAS, Wal-Mart Stores, Inc. and Browman Development Company have each filed
timely appeals of the Planning Commission's denial of the FREIR to the City Council; and
WHEREAS, the California Environmental Quality Act (CEQA) requires that, in
connection with the approval of a project for which an EIR has been prepared which identifies
one or more significant effects, the decision-making agency make certain findings regarding
those effects.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED as follows:
1. The foregoing recitals are true and correct and incorporated herein by reference.
2. THAT THE CITY COUNCIL hereby finds that full and fair public hearings have been held on
the FREIR and the City Council having considered all comments received thereon said
FREIR is hereby determined to be adequate and complete; and said FREIR is hereby
incorporated herein by reference.
3. THAT THE CITY COUNCIL hereby determines, in connection with the proposed project
identified in the FREIR, which includes a Use Permit and Tentative Map for the Lodi
Shopping Center, that the FREIR has been prepared in compliance with CEQA and the
state and local environmental guidelines and regulations, that it has independently reviewed
and analyzed the information contained therein, including the written comments received
during the DREIR review period and the oral comments received at the public hearings, and
that the FREIR represents the independentjudgment of the City of Lodi as Lead Agency for
the project.
4. THAT THE CITY COUNCIL does hereby find and recognize that the FREIR contains
additions, clarifications, modifications, and other information in its responses to comments
on the DREIR and also incorporates text changes to the DREIR based on information
obtained from the City since the DREIR was issued. The City Council does hereby find and
determine that such changes and additional information are not significant new information
as that term is defined under the provisions of CEQA because such changes and additional
information do not indicate that any new significant environmental impacts not already
evaluated would result from the project and they do not reflect any substantial increase in
the severity of any environmental impact; no feasible mitigation measures considerably
differentfrom those previously analyzed in the DREIR have been proposed that would either
lessen a significant environmental impact of the project or result in a new, substantial
environmental impact; no feasible alternatives considerably different from those analyzed in
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the DREIR have been proposed that would lessen the significant environmental impacts of
the project; and the DREIR was adequate. Accordingly, the City Council hereby finds and
determines that recirculation of the FREIR for further public review and comment is not
warranted. (CEQA Guidelines Section 15088.5).
CONCLUSION
The Final Revisions to the Environmental Impact Report for the Lodi Shopping Center
project was completed in compliance with the California Environmental Quality Act, has
been reviewed and considered by the City Council, and represents the City Council's
independentjudgment and analysis.
The Final Environmental Impact Report for the Lodi Shopping Center project, as amended
by the Final Revisions to the Environmental Impact Report, is hereby certified pursuant to
the California Environmental Quality Act.
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the City Council of the
City of Lodi that the Final Revised Environmental Impact Report (EIR-03-01) relating to the Lodi
Shopping Center project, State Clearinghouse No. 2003042113, is hereby certified.
Dated: March 11, 2009
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hereby certify that Resolution No. 2009-27 was passed and adopted by the City
Council of the City of Lodi in a special meeting held March 11, 2009 by the following vote:
AYES: COUNCIL MEMBERS—Johnson, Katzakian, and Mayor Hansen
NOES: COUNCIL MEMBERS— Hitchcock and Mounce
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS— None
RANDIJOHL
City Clerk
2009-27
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