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HomeMy WebLinkAboutReso 1992-16835RESOLUTION NO. 16835 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA TO PERMIT THE CITY COUNCIL TO ESTABLISH THE PUBLIC REVIEW PERIOD AND TO CONDUCT, AT THEIR OPTION, PUBLIC HEARINGS ON DRAFT EIRS WHEREAS, at the Joint Meeting of the City Council and the Board of Supervisors on September 24, 1992, the Board of Supervisors recognized the authority of the City of Chula Vista to set the public review period for the Draft EIR on the Otay Ranch Project and deferred to the City Council to set said period; and, WHEREAS, the City Council directed staff to prepare changes to the City's local environmental review guidelines {"Local Guidelines") that would allow the Council the right to set public review periods. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Sections 6.8, 6.9 and 6.10 of the Environmental Review Procedures of the City of Chula Vista, adopted by Resolution No. 11086 on November 23, 1982, to permit the City Council to establish the public review period and to conduct, at their option, public hearings on Draft EIRs as follows: 6.8 Public Review of the Draft EIR. After issuance by the ERC, copies of the draft EIR shall be distributed to the Resources Conservation Commission, affected agencies and department heads, others with jurisdiction by law, and all responsible agencies when the City of Chula Vista is functioning as the Lead Agency, and copies shall be deposited with the Chula Vista Public Library for check out. A minimum 30 day period for agency and public review shall commence with the issuance of the draft EIR by the ERC. Unless a specific date is otherwise established by the most superior body which has final decision making authority ("Approving Body") as to the project, the review period shall terminate with the closing of a public hearing. Unless either the Planning Commission or the City Council has specified a date certain, the ERC may specify a longer review period for full public participation, input and evaluation. During the review period, the ERC shall consult with any agency having jurisdiction by law and persons or groups having special interest. With the exception of testimony at the public hearing, all input on the draft EIR shall be in written form. The Resources Conservation Commission may review the draft EIR and may prepare a recommendation for the Approving Body and forward it to the ERC. 6,g Final EIR. The Planning Commission shall hold a public hearing to take Resolution No. 16835 Page 2 testimony on the adequacy of the draft EIR unless the City Council is the Approving Body for a given project and has otherwise assumed authority to hold the public hearing. The City Council shall have the right to assume the public hearing duty for any project for which they are the Approving Body at any time prior to closure of the public hearing by the Planning Commission. The body which holds the hearing shall be herein referred to as "Hearing Body". For any project for which the City Council is the Approving Body and the Planning Commission is the Hearing Body, the Planning Commission shall not conduct a public hearing later than 60 days after commencement of the public review period or continue a public hearing on a project to a date after 60 days after the commencement of the public review period without the advance consent of the City Council. If no revisions to the draft EIR are necessary and no significant input to the EIR is made, the Hearing Body may certify the draft EIR as the final EIR in the manner and according to the standards permitted by law, along with the CEQA findings after closing the public hearing. If significant environmental issues are raised during the consulting process or during the public hearing, a response by the City of Chula Vista or a revision to the draft EIR text shall be prepared by the consultant or the ERC prior to the Hearing Body consideration of the final EIR. The Hearing Body shall review the recommendation of the consultant and the ERC, the final EIR, all public input and review any comments from other agencies or city departments on the EIR. If the Hearing Body finds the report has been prepared in accordance with the requirements of these procedures and Cal. Admin. Code, CEQA of 1970, and all applicable state laws, it shall by resolution, so certify and the EIR shall become final. The Hearing Body may also certify the EIR subject to revisions. If the final EIR is found to have major inadequacies in light of the above requirements, the Hearing Body may require that more information be included in the final EIR. If the Hearing Body is the Planning Commission, a request for more information in an EIR may be appealed to the City Council within 10 days of Planning Commission action. Said appeals shall be made on forms approved by the ERC and subject to the fee in the Master Fee Schedule. Said appeal must be based upon the grounds that the Planning Commission erred, acted in abuse of discretion, or requested inappropriate or unnecessary submission of information. All appeals shall state specific objections to the action by the Planning Commission and provide such information as necessary to substantiate the appeal. The City Council may certify that the final EIR was prepared in accordance with CEQA, the State CEQA guidelines and these procedures, or uphold a Planning Commission request for more information. 6.10 Presentation to Decision Makers. After certification of the EIR by the Hearing Body, or by another Lead Agency, if the City of Chula Vista is a responsible agency, the Resolution No. 16835 Page 3 EIR shall be presented to the recommending and/or decision making authority. The authority shall certify that the EIR has been completed in compliance with CEQA and the Cal. Admin. Code and that the authority has reviewed and considered the information contained in the EIR prior to consideration of the project. No decision making authority shall approve or carry out a project for which an EIR has been completed which identifies one or more significant effects of the project unless the authority makes one or more of the following written findings for each of those significant effects, accompanied by a statement of the facts supporting each finding. Resolution No. 16835 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of October, lgg2, by the following vote: YES: Councilmembers: Horton, Malcolm, Moore, NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Rindone David L. Malcolm Mayor Pro-Tempore ATTEST: Beverly Aj. Authelet, City 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. 16835 was duly passed, approved, and adopted by the City Council held on the 6th day of October, 1992. Executed this 6th day of October, 1992. BeVerly AjAuthelet, City Clerk