HomeMy WebLinkAboutReso 2000-367 RESOLUTION NO. 2000-367
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROV1NG THE MULTIPLE SPECIES CONSERVATION
PROGRAM (MSCP) SUBREGIONAL PLAN AS THE FRAMEWORK
PLAN; ADOPTiNG THE CITY OF CHULA VISTA MSCP SUBAREA
PLAN CONDITIONED ON THE FOLLOWING: 1) THE FUTURE
EXECUTION BY ALL PARTIES OF AN IMPLEMENTING
AGREEMENT SUBSTANTIALLY IN THE FORM OF THE DRAFT
IMPLEMENTING AGREEMENT, 2) THE ISSUANCE OF A
BIOLOGICAL OPINION CONSISTENT WITH THE CHULA VISTA
MSCP SUBAREA PLAN AND THE DRAFT IMPLEMENTING
AGREEMENT, AND 3) THE ISSUANCE OF TAKE PERMITS WITH
CONDITIONS THAT ARE CONSISTENT WITH THE CHULA
VISTA MSCP SUBAREA PLAN AND THE DRAFT
IMPLEMENTiNG AGREEMENT; AND FINDING THAT THE
DRAFT IMPLEMENTING AGREEMENT IS CONSISTENT WITH
THE CHULA VISTA MSCP SUBAREA PLAN AND AFFIRMING ITS
SUBMITTAL
WHEREAS, as lead agencies for the Multiple Species Conservation Program CMSCP'')
Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego prepared and
certified a Final Environmental Impact Report/Environmental Impact Statement for the Issuance
of Take Authorizations for Threatened and Endangered Species due to urban growth within the
Multiple Species Conservation Program CMSCP'') planning area ("Final EIR/EIS") in January,
1997 and adopted the Final MSCP Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista ("City") participated in the
preparation of the Final EIPJEIS through consultation and comment; and
WHEREAS, the MSCP Subregional Plan contemplated that local jurisdictions including
the City of Chula Vista would participate in the MSCP Subregional Plan and seek federal and
state take authorization by adopting a subarea plan consistent with the conservation strategies
contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the U.S.
Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in the Draft
MSCP Subregional Plan and for consideration by the lead agencies in their environmental review
of the Draft MSCP Subregional Plan; and
WHEREAS, since the adoption of the MSCP Subregional Plan, the City, and the U.S.
Fish and Wildlife Service and the Califomia Department of Fish and Game (hereina~er referred
to as the "Wildlife Agencies") have continued to negotiate a number of aspects of the Subarea
Plan, including but not limited to, the refinement of the conditions of coverage for covered
projects, the type and extent of protection for narrow endemic species, the amount and type of
public facilities and infrastructure to be allowed in the Preserve (as defined in the Subarea Plan),
and an acceptable configuration for the university site adjacent to the Preserve; and
WHEREAS, the City issued a Draft MSCP Subarea Plan dated February 16, 2000, to the
Wildlife Agencies and the general public and received 17 public comment letters from various
environmental groups, landowners, developers and the Wildlife Agencies; and
Resolution 2000-367
Page 2
WHEREAS, the City continued to worked with the Wildlife Agencies and various
landowners, developers and environmental groups to respond to comments and resolve issues
during the Spring and Summer of 2000; and
WHEREAS, on September 21, 2000, the City issued a draft MSCP Subarea Plan dated
September 11, 2000, and a Draft Implementing Agreement dated September 20, 2000, to the
Wildlife Agencies and the general public; and
WHEREAS, the Draft Implementing Agreement dated September 20, 2000, follows the
Model Implementing Agreement prepared as part of the adoption of the MSCP Subregional Plan;
and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and Wildlife
Service a complete application for a Section 10(a)(1)(B) permit for incidental take pursuant to
the U.S. Endangered Species Act of 1973, as amended, and submitted to the Califomia
Department of Fish and Game a complete application for a take authorization permit pursuant to
Section 2835 of the California Endangered Species Act, with both applications including the
Draft MSCP Subarea Plan dated September 11, 2000, and a Draft Implementing Agreement
dated September 20, 2000; and
WHEREAS, the City desires to approve the MSCP Subregional Plan and adopt the Draft
Chula Vista MSCP Subarea Plan dated September 11, 2000, including revisions attached hereto
CChula Vista MSCP Subarea Plan"), but that the adoption shall be conditioned upon 1) the
City's future approval and execution of an Implementing Agreement substantially in the form of
the Implementing Agreement dated September 20, 2000, 2) the issuance by the U.S. Fish and
Wildlife Service of a biological opinion that is consistent with the Chula Vista MSCP Subarea
Plan and the Draft Implementing Agreement dated September 20, 2000, and 3) the issuance of a
Section 10(a)(1)(B) permit pursuant to the U.S. Endangered Species Act of 1973, as amended
and a take authorization permit pursuant to Section 2835 of the State of California Endangered
Species Act with conditions that are consistent with the Chula Vista MSCP Subarea Plan and the
Draft Implementing Agreement dated September 20, 2000; and
WHEREAS, the Planning Commission and the City Cotmoil set the time and place for a
joint hearing on said project and notice of said heating, together with its purpose, was given by
its publication in a newspaper of general circulation in the City at least 10 days prior to the
heating; and
WHEREAS, the heating was held at the time and place as advertised on October 17,
2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and City
Council; and
WHEREAS, the City's approval of the MSCP Subregional Plan and adoption of the
Chula Vista MSCP Subarea Plan are discretionary actions covered by the Final EIR/EIS, and
therefore, as a responsible agency, the City has a more limited role than does a lead agency under
the Califomia Environmental Quality Act ("CEQA"); and
WHEREAS, the City has considered the Final EIR/EIS prepared by the lead agency
together with the Chula Vista MSCP Subarea Plan and the Draft Implementing Agreement dated
Resolution 2000-367
Page 3
September 20, 2000, and has reached its own conclusion about whether and how to approve the
MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan; and
WHEREAS, the City has prepared an Addendum dated September 11, 2000, pursuant to
CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible agency; and
WHEREAS, the City has issued Findings of Fact for each of the significant
environmental effects of implementing the Chula Vista MSCP Subarea Plan, in conformance
with the CEQA and the CEQA Guidelines, which enable the City to make full use of the Final
EIRJEIS and the Addendum (CEQA Guidelines, sections 15101, 15093 and 15096, subd. (h));
and
WHEREAS, the City has prepared an MSCP Mitigation And Implementing Agreement
Monitoring Program For Biological Resources dated October 12, 2000, in compliance with
Public Resources Code section 21081.6, subd. (a)( 1 ); and
WHEREAS, the approval of the MSCP Subregional Plan and the conditional adoption of
the Chula Vista MSCP Subarea Plan will not constitute a binding set of obligations on any public
or private entity within the City of Chula Vista unless and until 1) the U.S. Fish and Wildlife
Service issues a biological opinion which affirms the conservation strategies in the Chula Vista
MSCP Subarea Plan and the Implementing Agreement dated September 20, 2000, 2) take
permits are issued by both Wildlife Agencies that are consistent with the Chula Vista MSCP
Subarea Plan and Draft Implementing Agreement dated September 20, 2000, and 3) the City
approves and executes an Implementing Agreement substantially in the form of the
Implementing Agreement dated September 20, 2000~ and
WHEREAS, full implementation of the Chula Vista MSCP Subarea Plan will also be
subject to the City's future adoption of a Habitat Loss and Incidental Take CHLIT'') ordinance
and amendments to the grading ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, recommend, determine, resolve and order as follows:
A. The proceedings and all evidence introduced before the Planning Commission and
City Council at the joint public hearing on this project held on October 17, 2000,
are hereby incorporated into the record of proceedings. These proceedings,
evidence and documents, along with any documents submitted to the decision
makers, together with all documents identified in the CEQA Findings of Fact,
shall comprise the entire record of the proceedings for any California
Environmental Quality Act claims; and
B. The City Council does hereby consider that the Final Environmental Impact
Report/Environmental Impact Statement for the Issuance of Take Authorizations
for Threatened and Endangered Species Due to Urban Growth Within the
Multiple Species Conservation Program (MSCP) Planning Area ("Final
EIRJEIS") prepared and certified by the U.S. Fish and Wildlife Service and the
City of San Diego in January, 1997, adequately addressed the environmental
impacts of the MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan~
and
Resolution 2000-367
Page 4 ',
C. The City Cotmcil does hereby determine that no subsequent or supplement
environmental impact report is necessary for the City to conditionally approve
and adopt the MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan;
and
D. The City Council does hereby find that the Addendnm, the Findings of Fact and
Statement of Overriding Considerations, and the MSCP Mitigation and
Implementing Agreement Monitoring Program for Biological Resoumes are
prepared in accordance with the requirements of CEQA, the CEQA Guidelines,
and the Environmental Review Procedures of the City of Chula Vista; and
E. The City Council does hereby approve the MSCP Mitigation and Implementing
Agreement Monitoring Program for Biological Resources dated October, 2000;
and
F. The City Council does hereby approve the MSCP Subregional Plan dated August,
1998, as the framework plan for the Chula Vista MSCP Subarea Plan; and
G. The City Council does hereby adopt the Chula Vista MSCP Subarea Plan and
does hereby find that the Chula Vista MSCP Subarea Plan is consistent with the
MSCP Subregional Plan and will provide for the conservation, protection,
restoration and enhancement of biological resources for protected species while at --
the same time allowing the City to carry out its development plans, and conditions
the adoption on all of the following:
1. The future approval and execution of an Implementing Agreement
substantially in the form of the Draft Implementing Agreement dated
September 21, 2000; and
2. The issuance of a biological opinion that is consistent with the City of
Chula Vista MSCP Subarea Plan and the Draft Implementing Agreement
dated September 20, 2000; and
3. The issuance of a Section 10(a)(1)(B) permit pursuant to the U.S.
Endangered Species Act of 1973, as amended and a take authorization
permit pursuant to Section 2835 of the State of California Endangered
Species Act with conditions that are consistent with the Chula Vista
MSCP Subarea Plan and the Draft Implementing Agreement dated
September 20, 2000; and
4. City Council review and approval of a final fiscal impact analysis of the
proposed Subarea plan, which addresses the economic feasibility of
preserve assembly for the proposed plan in light of current and forecasted
economic and fiscal factors. Issues to be considered in this analysis
include but are not limited to the estimated completion schedules for key
Resolution 2000-367
Page 5
infrastructure projects that are planned for the study area, such as State Route
125 and Salt Creek Sewer interceptor project.
H. The City Council does hereby find that the Draft Implementing Agreement dated
September 20, 2000, is consistent with the Chula Vista MSCP Subarea Plan and
does hereby affirm the submittal of the Draft Implementing Agreement dated
September 20, 2000, to the Wildlife Agencies.
Presented by Approved as to form by
Robert Leiter John M. Kaheny
Planning and Building Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 17m day of October, 2000, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Shirley Hort~, Mayor
ATTEST:
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. 2000-367 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 17th day of October, 2000.
Executed this 17th day of October, 2000.
Susan Bigelow, City Clerk