HomeMy WebLinkAboutReso 1993-17004 RESOLUTION NO. 17004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA ADOPTING AMENDMENTS THE PUBLIC
FACILITIES ELEMENT OF THE CITY GENERAL PLAN (GPA-g2-O2A)
TO INCORPORATE PROVISIONS RELATED TO THE MANAGEMENT OF
HAZARDOUS WASTES, AND THE SITING AND PERMITTING OF
HAZARDOUS WASTE FACILITIES, WITHIN THE CITY
The City Council of the City of Chula Vista does hereby resolve as follows:
WHEREAS, on June 30, 1992, the City Council adopted amendments to the
Public Facilities Element of the City General Plan incorporating provisions
related to the management of hazardous wastes, and the siting and permitting of
hazardous waste facilities as required by State law (Resolution No. 16794); and,
WHEREAS, those amendments incorporated applicable portions of the approved
San Diego County Hazardous Waste Management Plan ("COHWMP") pursuant to the
course of action prescribed under Health and Safety Code Section 25135.7(c)(2);
and,
WHEREAS, in order to fully implement the provisions of the amended Public
Facilities Element it was necessary to amend the City's Zoning Ordinance, and
staff was directed by the City Council under Resolution No. 16794 to complete
said ordinance amendments; and,
WHEREAS, in the course of preparing said Zoning Ordinance Amendments, and
based principally upon the input of the County Hazardous Materials Management
Division, staff found it necessary to make additional revisions to the
aforementioned June 30, 1992 General Plan amendments in order to clarify certain
aspects of those amendments, particularly the City's hazardous waste facility
fair share concepts; and,
WHEREAS, the majority of those additional amendments are minor in nature
and considered technical clean up; and,
WHEREAS, the single substantive amendment involving hazardous waste
facility fair share concepts is intended to consistently translate the Fair Share
Principles of the COHWMP into more succinctly stated concepts which can be
readily understood and applied by staff in evaluating specific facility proposals
within the City; and,
WHEREAS, that translation is represented in a four-tiered concept which
accommodates increasingly larger sized facilities provided certain conditions are
demonstrated by the applicant; and,
WHEREAS, the City provided adequate opportunity for review and comment
regarding the proposed General Plan Amendments by distributing copies to
interested parties, including Appropriate Technologies II, Inc. represented by
Latham & Watkins, for initial comment on October 12, 1992 and again for further
comment on November 18, 1992 for a December 19, 1992 Planning Commission public
Resolution No. 17004
Page 2
hearing. This hearing was continued to January 13, 1993 to consider comments
submitted by Latham & Watkins on behalf of their client. On January 19, 1993 all
interested parties were given an opportunity for final comment for the City
Council's February 2, 1993 public hearing. This hearing was continued to
February 23, 1993, and on February 12, 1993 all interested parties were again
given a final opportunity to comment for this hearing; and,
WHEREAS, no comments were received during the initial comment period, nor
during the January 13, 1993 public hearing indicated above; and,
WHEREAS, on January 4, 1993, Latham & Watkins submitted a letter to the
City indicating preservation of their option to submit comments in connection
with the City Council hearing; and,
WHEREAS, in order to allow additional opportunity for any interested or
affected parties, and the City Council, to review and comment on the complete set
of Public Facilities Element Amendments regarding hazardous waste, the June 30,
1992 amendments adopted under Resolution No. 16794 (GPA-92-02) are being
entertained for reconsideration along with the currently proposed additional
revisions under GPA-92-O2(A); and,
WHEREAS, the Environmental Review Coordinator has determined that the
additional amendments to the Public Facilities Element of the General Plan (GPA-
g2-O2A) will result in no significant impacts upon the environment, and has "'
issued a Negative Declaration under IS-93-14; and,
WHEREAS, the required Notice of Proposed Negative Declaration was filed
with the County Clerk's Office for a minimum of 30 days in advance of the
Planning Commission's hearing on December 16, 1992, in compliance with the
regulations of the California Environmental Quality Act of 1976 as amended; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on said
Amendments and the Negative Declaration on IS-93-14, on December 16, 1992, and
at that hearing was presented with a letter from Latham & Watkins on behalf of
Appropriate Technologies objecting to said Amendments; and,
WHEREAS, that hearing was continued to January 13, 1993 in order to review
and respond on the merits of those objections; and,
WHEREAS, the Planning Commission held the continued hearing on January 13,
1993, and considered the merits of those objections; and,
WHEREAS, the Planning Commission found no satisfactory evidence to warrant
reconsideration of the June 30, 1992 General Plan Amendments (GPA-92-02) adopted
under Resolution No. 16794 and recommended denial of said reconsideration, and
recommended adoption of the Negative Declaration, and approval of the current
General Plan Amendment (GPA-92-O2A); and,
WHEREAS, on February 23, 1993, the City Council considered the ~-.
recommendations of the Planning Commission at a public hearing, for which a
notice of said hearing, together with its purpose, was given by publication in
a newspaper of general circulation in the City, and by mailing to interested
Resolution No. 17004
Page 3
parties, at least 10 days prior to the hearing, and heard and considered all
evidence and testimony offered by all interested parties concerning the General
Plan Amendments (GPA-g2-O2/O2A), and considered the Negative Declaration on IS-
g3-14; and,
WHEREAS, the Planning Commission determined and recommended that the City
Council find the proposed General Plan Amendment (GPA-92-O2A) to be consistent
with the intent and provisions of the "COHWMP".
NOW THEREFORE the City Council of the City of Chula Vista finds,
determines, and resolves as follows:
SECTION 1. That the Negative Declaration on IS-93-14 was prepared in accordance
with the provisions of CEQA, and the guidelines promulgated
thereunder, and with the City of Chula Vista Environmental Review
Procedures, and is hereby adopted.
SECTION 2. That from the testimony offered, no satisfactory reason appears
evident to warrant reconsideration of the June 30, 1992 General Plan
Amendments adopted under Resolution No. 16794, and hereby denies
said reconsideration.
SECTION 3. That the amendments to the Public Facilities Element of the City
General Plan (GPA-g2-O2A), which are known as Exhibit B, are
consistent with Article 3.5 {"Hazardous Waste Management Plans") of
Chapter 6.5 {"Hazardous Waste Control"} of Division 20 of the Health
and Safety Code, commencing at Section 25135, et seq., and with the
COHWMP.
SECTION 4. That the amendments to the Public Facilities Element of the City
General Plan, Exhibit B, known as document number C093-039, a copy
of which is on file in the office of the City Clerk, are hereby
adopted into and hereby made a part of the City's General Plan and
the Public Facilities Element thereof. (Exhibit A omitted).
Presented by Approved as to form by
Director of Planning
Resolution No. 17004
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 23rd day of February, 1993, by the following vote:
YES: Councilmembers: Fox, Horton, Moore, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
ATTEST:
~ev~'~y' ~. Authel[t, Cit~ Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 17004 was duly passed, approved,
and adopted by the City Council held on the 23rd day of February, 1993.
Executed this 23rd day of February, 1993.
Beverly A. Authelet, City Clerk