HomeMy WebLinkAboutItem 3 - Attch 3 - CC ResolutionRESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ADOPTING A TECHNICAL CORRECTION AMENDMENT TO
POLICY E6.4 OF THE CHULA VISTA GENERAL PLAN
ENVIRONMENTAL ELEMENT
WHEREAS, in October 2013, the City Council approved amendments to the General Plan and
Zoning Ordinance, including a new Council Policy, related to the siting of Electrical Generating
Facilities (EGFs) in Chula Vista; and
WHEREAS, the adopted regulatory framework for EGFs reflects sound planning principles and
is internally consistent with the General Plan; and
WHEREAS, Objective E6 of the Environmental Element states "Improve local air quality by
minimizing the production and emission of air pollutants and toxic air contaminants and limit the
exposure of people to such pollutants "; and
WHEREAS, Policy E6.4 as originally worded prior to the October 2013 amendments addressed
EGFs "and other major toxic air emitters "; and
WHEREAS, it was realized by staff that the EGF amendments as approved by Council in
October 2013 inadvertently deleted the phrase "and other major toxic air emitters" from Policy E6.4;
and
WHEREAS, "other major toxic emitters" (separate from EGF's) could include, but not be
limited to, uses such as quarry operations, landfills, chrome- plating facilities, batching plants; and
WHEREAS, separation of sensitive receptors from "other major toxic air emitters" is consistent
with Objective E6 and should be retained in Policy E6.4 as originally written and approved; and
WHEREAS, as supported by the Agenda Statement and presentations to the Planning
Commission and City Council by staff, it was never intended to delete "Major Toxic Emitters" from
policy E6.4
WHEREAS, the Development Services Director has reviewed the proposed Amendment for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed action was adequately addressed in the previously certified EIR 05 -01 for the General Plan
Update. Thus, no further environmental review is necessary. Although environmental review is not
necessary for the General Plan Amendment, environmental review will be required for any Energy
Generating Facilities and "major toxic emitters" that are proposed as part of the conditional use permit
evaluation for that specific project; and
WHEREAS, the Planning Commission, at a duly noticed public hearing held on August 13,
2014, voted (x- x -x -x) to recommend that the City Council approve a resolution adopting a technical
correction amendment to Policy E6.4 of the Chula Vista General Plan Environmental Element; and
Page 1 of 3
WHEREAS, the City Clerk set the time and place for the hearing on the proposed Amendment and
notices of said hearings, together with its purposes given by its publication in a newspaper of general
circulation in the City for the proposed Amendment at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the proposed Amendment was held
before the City Council on September 9, 2014 in the Council Chambers in the City Hall, Chula Vista Civic
Center, 276 Fourth Avenue, at 2:00 p.m. to receive the recommendations of the Planning Commission, and
to hear public testimony with regard to the same. The proceedings and any documents submitted to the City
Council as the decision - makers shall comprise the entire record of the proceedings.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby find and determine as follows:
Section I. Environmental Determination
That the proposed Amendment complies with CEQA because the proposed Amendment was
adequately addressed in the previously certified EIR 05 -01 for the General Plan Update. Thus, no
further environmental review is necessary. Although environmental review is not necessary for the
proposed Amendment, environmental review will be required for any Energy Generating Facilities and
"major toxic emitters" that are proposed as part of the conditional use permit evaluation for that specific
project.
Section II. Consistency with General Plan
That the approval of the proposed Amendment is consistent with and follow the goals,
objectives, and policies of the Chula Vista General Plan because the proposed Amendment, in
accordance with the GPU, provide clear and comprehensive regulations for the siting of EGFs and
"other major toxic air emitters" within the City, which will help to improve air quality, and minimize
dependency on fossil fuels and exposure of sensitive uses to toxic air contaminants from (generally
fossil -fuel based) EGF facilities as well as other major toxic air emitters, and ensure adequate separation
between such uses and sensitive receptors.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista does hereby
approve and adopt the Amendment to Environmental Element Policy E6.4 regarding the siting of EGFs
"and other major toxic air emitters" within the City of Chula Vista, as follows:
Section III.
Environmental Element
1. Amend Policy 6.4 to reinsert "other major toxic emitters," as follows:
E6.4 Do not site new or re- powered fossil - fueled baseload or peaking -type Electrical Generating
Facilities and other major toxic air emitters within 1,000 feet of sensitive receptors, or site
sensitive receptors within 1,000 feet of such facilities.
Page 2 of 3
Presented by:
Kelly Broughton, FASLA
Development Services Director
Approved as to form by:
Glen R. Googins
City Attorney
H:\DSD \Boards & Commissions \Planning Commission \2014 Meetings \08 -13- 2014 \GPA Policy E 6.4 \Final Docs \CC -Reso-
ReGPAmends- 073114 -FINAL. doc
Page 3 of 3