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Home My WebLink AboutReso 2014-176 RESOLUTIOr' NO. 2014-176 RESOLUTION OF THE CITY COUT`'CIL OF THE CITY OF CHIiL.A VISTA ADOPTING A TECHI�'ICAL CORRECTION AMEI��MEI�'T TO POLICI' E6.4 OF THE CHULA VIST.A GEI�ERAL PLAI� E\T\'IRONA4EI�'TAL ELEMEI�'T V�'HEREAS. in October 20li, the Cin� Council appro��ed amendments to the General Plan and Zoning Ordinance. including a neN� Council Policy. related to the sitine of Electrical Generating Facilities (EGFs) in Chula Vista: and l�'HEREAS, the adopted reeulator�� frame��ork for EGFs reflects sound plannine principles and is intemall}� consistent with the General Plan; and WHEREAS, Objective E6 of the Em�ironmental Element states `lmprove local air quality b}� minimizing the production and emission of air pollutants and toxic air contaminants and limit the ezposure of people to such pollutants:" and WHEREAS= Policy E6.4 as orieinall�� «�orded prior to the October 20li amendments addressed EGFs "and other major toxic air emitters `: and V✓HEREAS, it H�as realized b}� staff that the EGF amendments as approved by Council in October 2013 inad��ertentiv deleted the phrase "and other major toxic air emitters° from Polic}� E6.�: and li'HEREAS. "and other major to�ic air emitters ` (separate from EGF`s) could include, but not be limited to, uses such as quam� operations, landfills; chrome-plating facilities. and batching plants; and �i'HEREAS, separation of sensitive receptors from "other major tosic air emitters' is consistent with Objective E6 and should be retained in Polic�� E6.4 as oriQinallv ��ritten and appro��ed; and VJHEREAS, as supported b}� the Agenda Statement and presentations to the Planning Commission and Cit}� Council b�� staff, it was never intended to delete "and other major toxic air emitters ' from polic}� E6.4; and R'HEREAS, the Development Services Director has re��ie�ti�ed the proposed Amendment for compliance ��ith the Califomia Environmental Quality Act (CEQA) and has determined that the proposed action ��as adequatel}� addressed in the pre��iousl�� certified EIR 0�-Ol for the General Plan Update. Thus. no further en��ironmental re��ie��- is necessarv. Although environmental re��ie« is not necessarv for the General Plan Amendment. environmental revie�t� will be required for any Enere}� Generating Facilities and "major tosic emitters ` that aze proposed as part of the conditional use permit evaluation for that specific project; and Resolution No. 2014-176 Paee No. Z VJHEREAS, the Planning Commission; at a duly noticed public hearing held on August li. 2014. ��oted (6-0-1-0) to recommend that the City Counci] appro��e a resolution adopting a technical correction amendment to Polic�� E6.4 of the Chula Vista General Plan Environmental Element; and WI-IEREAS. the Cin- 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 ne"�spaper of general circulation in the Cin� for the proposed Amendment at least ten (]0) days prior to the hearing; and WHEREAS, the duh� 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 recei��e the recommendations of the Planning Commission; and to heaz public testimony with regazd to the same. The proceedings and any documents submitted to the City Council as the decision-mal:ers 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. Em�ironmental Determination That the proposed Amendment complies with CEQA because the proposed Amendment was adequately addressed in the previously certified EIR OS-01 for the General Plan Update. Thus, no further environmental review is necessary. Although environmental revie�� is not necessar}� for the proposed Amendment, em�ironmental review ��ill be required for any Energy Generating Facilities "and other major toxic air emitters ' that are proposed as part of the conditional use permit evaluation for that specific project. Section ILConsistency with General Plan That the appro��al of the proposed Amendment is consistent with and follo�i� the eoals; objectives, and policies of the Chula Vista General Plan because the proposed Amendment, in accordance with the GPU, pro��ide clear and comprehensive regulations for the siting of EGFs '`and other major toaic air emitters ' within the City, which will help to improve air quality, and minimize dependency on fossil fuels and esposure of sensitive uses to toxic air contaminants from (generall}� fossi]-fuel based) EGF facilities as well as other major toaic air emitters, and ensure adequate separation beh��een such uses and sensitive receptors. BE IT FURTHER RESOLVED, that the City Counci] 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 toaic air emitters" within the City of Chula Vista, as follows: Resolution ivo. 2014-176 Paee?�'o. 3 Sectioo III. En�•iroumental Element 1. Amend Polic�= 6.4 to reinsert "and other major to�ic air emitters." as follows: E6.4 Do not site ne�� or re-poN�ered fossil-fueled baseload or peal:ine-n�pe Elecvical Generatins Facilities and other maior toxic air emitters ��ithin 1.000 feet of sensiti��e receptors. or site sensiti��e receptors within 1.000 feet of such facilities. Pres�e e v Approved as to form bv , /� � ICe _� G. Broughton, FASLA Glen . Googi Director of Development Sen�ices C' .� Attom _ PASSED. APPROVED. and ADOPTED bv the Citv Council of the Citv of Chula Vista. Califomia, this 9th da�- of September 2014 by the Follo��ing vote: AI'ES: Councilmembers: Aeuilar. Bensoussan. Ramirez. Salas and Coz NAYS: Councilmembers: None ABSEI�'T: Councilmembers: T�'one � Cher�-1 Co�. I�4ai or ATTEST: ' �� Donna R. Norris. MC. Citv Clerk STATE OF CALIFORNIA ) COUI�'TY OF SAI�' DIEGO ) CITY OF CHULA VISTA ) I. Donna R. Norris. Citv Clerk of Chula Vista. California. do hereb�� certif�� that the foreeoina Resolution No. 2014-176 «�as dul�� passed; appro��ed, and adopted by the Cin� Council at a regular meetine of the Chula Vista Cit�� Council held on the 9th da}� of September 2014. Executed this 9th dav of September 2014. ��..�-�/� � Donna R. I�'oms. CMC. Citv Clerk