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HomeMy WebLinkAboutReso 2013-216 RESOLUTION NO. 2013-216 RESOLUTIOI�' OF THE CITY COUI�'CIL OF THE CITI' OF CHULA VISTA ADOPTII��G A1�4ENDMEI�iTS TO THE LAI�rD USE AND TRAt�'SPORTATION. AND EI�'VIRONMEI�TTAL ELEMENTS OF THE CHULA VISTA GENERAL PLAN. RELATED TO THE SITING OF ELECTRICAL GENERATII`'G FACILIT[ES WITHII�' THE CITY OF CHULA VISTA �i'HEREAS, the Cit�� of Chula Vista promotes the use of conservation technologies and sustainability practices that reduce or eliminate the use of non-rene���able resources, includine non-polluting and rene���able energy as envisioned in the Chula Vista General Plan (GP), Land Use and Transportation Element Chapter 4, Theme � "Health}� and Sustainable Environment"; and WHEREAS, it is an objecti��e of the GP Em�ironmental Element - E 6 to `'Improve local air qualih� b}� minimizing the production and emission of air pollutants and toxic air contaminants and limit the exposure of people to such pollutants'; and R'HEREAS; policies E 6.3, 6.4, 6.�, 6.6, 6.12, and 6.1� stipulate the importance of improvine air qualin�, and minimizino dependencv on fossil fuels and e�posure of sensitive uses to toxic air contaminants from (generally fossil-fuel based) facilities such as Electrical Generatine Facilities (EGFs); and WHEREAS, in Februar}� 2010, the Cit}� Council directed staff to prepaze amendments to the GP and Zonine Ordinance related to the establishine of requirements and regulations for the sitine of EGFs: and \1'HEREAS, the Development Sen�ices Department initiated a re��ie�a of the GP and Zonina Ordinance to determine ti�hat sections needed to be amended: and WHEREAS, The Development Sen�ices Department com�ened a team consisting of interested members of the original 200� Chula Vista General Plan Update (GPU) Environment, Open Space, and Sustainable De��elopment Subcommittee (the "EGF A�orkine Group"); and WHEREAS, ihe Development Services Department and the EGF Workine Group ha��e ti�orked together to develop regulations and siting criteria for EGFs «�ithin Chula Vista including drafting a new EGF Council Policy to address the siting of EGFs (the "Project `); and VJHEREAS, the Development Services Department also com�ened a team consisting members of the industq� and business community (`Industn� �'orking Group `) to solicit input on the draft regulations and EGF Council Policy to gain a balanced perspective; and Resolution No. 2013-216 Page VdHEREAS, the Development Sen�ices Department convened a joint meeting with the Industry Working Group and EGF Working Group (".loint Working Group ') to review the drafr regulations and EGF Council Polic}; and WHEREAS, the Project represents the collective efforts of the Development Services Department and the EGF Joint �'orking Group, and provides necessary criteria and regulations for the siting of EGFs within the City of Chula Vista; and WHEREAS, the Project reflects sound planning principles and is intemally consistent with the General Plan; and WHEREAS, the General Plan amendment encompasses amendments to Sections 4.95 and 4.96 of the Land Use and Transportation Element updating descriptions of the Public and Quasi Public and Limited Industrial land use designations; amendments to Em�ironmental Element Policies 6.4 and 233 that would limit the location of certain EGFs to a minimum of 1,000 feet from sensitive receptors; and new Policy 7.8 to ensure all construction complies with applicable Chula Vista energy efficiency measures and green building standards that are in effect; and WHEREAS, the Development Services Director has reviewed the proposed Amendments ior compliance with CEQA and has determined that there is no possibility that the activity, adopting a General Plan amendment and Zoning Code amendment may have a significant effect on the environment because the ne�v General Plan policy and Zoning Code provisions will result in more stringent requirements for ]ocating an Energy Generating Facility than currently exist. Therefore, pursuant to Section 15061(b)(3) oF the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. Although environmental revien= is not necessary for the General Plan Amendment and Zoning Code change, environmental review will be required for any Energy Generating Facilities that are proposed as part of the conditional use permit e��aluation for that specific project; and WHEREAS, the Resource Conservation Commission (RCC), upon review of the Project recommended that the City Council adopt the Project; and WHEREAS, the City Council Energy Subcommittee, upon review of the Project recommended that the City Council adopt the Project; and WHEREAS, the Planning Commission voted to recommend that the City Council approve a resolution amending ponions the Land Use and Transportation and Environmental Elements of the Chula Vista General Plan which includes updated descriptions of certain land use designations and certain Policies as it relates to the siting of EGFs and reduction of Greenhouse Gas within the Citv of Chula Vista. NOW. THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does herebv find and determine as follows: Resolution No. 2013-216 Paee Section L En��ironmeutal Determination There is no possibilin� the proposed Amendments activin�. adopting a General Plan amendment and Zonine Code amendment ma�� have a sienificant effect on the environment because the new� General Plan policy and Zonins Code provisions �+ill result in more stringent requirements for locatine an Enere�� Generatine Facilit�� than currently exist. Therefore, pursuant to Section 1�061(b)(3) of the State CEQA Guidelines the activiri is not subject to CEQA. Thus. no environmental re��ie�v is necessar��. Althoueh en��irorunentai re��ie��� is not necessarv for the General Plan Amendment and Zonine Code chanee, en��ironmental re��iew w�ill be required for an�� Energy Generating Facilities that are proposed as part of the conditional use permit e��aluation for that specific project. 7�he City Council further finds that no further em�ironmental revie«� is required. Section ll.Consistenc�� with General Plan That the appro��al of the proposed amendments to the Chula Vista General Plan are consistent „�ith and follo��� tbe eoals, objectives, and policies of the Chula Vista General Plan because the proposed amendments, in accordance ���ith the GPU; pro��ide clear and comprehensive regulations for the siting of EGFs �aithin the Cit}�, ���hich will help to improve air quality, and minimize dependenc}� on fossil fuels and exposure of sensitive uses to toxic air contaminants from (generally fossil-fuel based) EGF facilities. BE IT FURTHER RESOLVED, that the Cit�� Council of the City of Chula Vista does hereby approve and adopt the amendments to sections 4.9.� and 4.9.6 of the Land Use and Transportation Element �;�ith updated descriptions of the Public and Quasi Public and Limited Industrial land use desienations: and amendments to Environmental Element Polic�� 6.4 and 23.3 reeardine the sitine of EGFs and reduction of Greenhouse Gas ��=ithin the Cit�� of Chula Vista as follo���s:� � Section [[1. Land Use and Transportation Element 1. Amend section 4.9.� to clarif}� that certain public utility uses can and do occur on Limited Industrial desienated lands. 4.9.� Industrial Cateeorv Three industrial land use desienations provide opportunities in the Cit}� to conduct research and developmenr. manufacturing; warehousine; and limited automoti��e-related endea��ors. Limited Industrial The Limited Industrial desienation is intended for light manufacturing; ���azehousine: certain public utilities; auto repair; auto sal��aee }�ards; and fle�ible-use projects that combine these uses ���ith associated office space. The FAR for this categon� ranges from 0.2� to 0.�. Resolution No. 2013-216 Page 2. Amend section 4.9.6 to clarify that certain public utility uses can and do occur on Public and Quasi-Public designated lands. 4.9.6 Public and Quasi-Public, Parks, and Open Space The following land use designations are provided to identify various lands used for public, quasi- public, recreation/parks. and open space uses. Public and Quasi-Public The Public and Quasi-Public designation is intended for schools; churches; hospitals; ci��ic centers; fire stations; libraries; landfills; public utilities and other similar public uses. When PQ or other Public Facilities symbol is used alone, or within a floating bubble on the Land Use Diagram, it indicates the possible location of a future facility. Section IV. Environmental Element 1. Amend Policy 6.4 to darify that a minimum 1,000 feet separation is needed between base-load or peakin� type EGF and sensitive receptors (e.g. residential areas, schools, hospitals, child caze centers, etc. that affect the elderly and children, who are more susceptible to particulate emissions). E 6.4 Do not site new or re-powered fossil-fueled base-load or peaking-type Electrical Generating Facilities �vithin 1,000 feet of sensitive receptors, or site sensitive receptors ���ithin 1.000 feet of such facilities. Z. Amend Policy 23.3 to clarify not siting industrial facilities and uses that pose significant hazards to human health in pro�imity to schools or residential uses. E 23.3 Do not site industrial facilities and uses that pose a significant hazard to human health and safety in prosimity to schools or residential dwellings. Presented by Approved as to form b}� . Kelly . Broughton, FASLA Q,len R. Googins Director of Development Services �tiv Atto'rney Resolution No. 2013-216 Paee PASSED. APPROVED, and ADOPTED b�� the Cin� Council of the Citv of Chula Vista. California. this 1�th dav of October 2013 b�� the followina vote: AYES: Councilmembers: Aeuilaz. Ramirez. Salas and Co� NAYS: Councilmembers: None ABSENT: Councilmembers: Bensoussan Cherv—� avor ATTEST: i(a� �bNO.fJ�--1 Donna R. Norris. CMC. Cit�� Clerk STATE OF CALIFORI�'IA ) COLJNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Norris. Cit�� Clerk of Chula Vista. Califomia do hereb�� certifi� that the foreeoine Resolution No. 20li-216 �ti�as duh� passed, appro��ed. and adopted by the Cit�� Council at a reeulaz meeting of the Chula Vista Cih� Council held on the 1�th da�� of October 2013. Esecuted this 1�th da�� of October 2013. ���L�A..� �� /,���� Donna R. I�'oms. CMC. Cit�- Clerk