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HomeMy WebLinkAboutReso 1992-16704 RESOLUTION NO. 16704 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE PUBLIC FACILITIES ELEMENT OF THE CITY GENERAL PLAN 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, as required by Article 3.5 of the California Health and Safety Code the San Diego County Board of Supervisors ("Board") had duly prepared, and approved by the State Department of Toxic Substances Control ("State"), the County of San Diego Hazardous Waste Management Plan ("COHWMP"); and, WHEREAS, on January 6, 1992, the City received written notification from the "Board" of the "State's" approval of the "COHWMP"; and, WHEREAS, Health and Safety Code Section 25135.7(c) requires that within 180 days of that notification, the City do one of the following: 1. Adopt a City Hazardous Waste Management Plan containing all the elements required by state law, and which is consistent with the "COHWMP"; 2. Incorporate the applicable portions of the approved "COHWMP, by reference, into the City's General Plan; or 3. Enact an ordinance requiring that all applicable zoning, subdivision, conditional use permit, and variance decisions are consistent with the portions of the approved "COHWMP" which identify general areas or siting criteria for hazardous waste facilities; and, WHEREAS, Health and Safety Code Section 25135.7(d) provides that taking action pursuant to section 25135.7{c) does not limit the authority of the City to attach appropriate conditions to the issuance of any land use approval for a hazardous waste facility in order to protect public health, safety and welfare, or to establish more stringent planning requirements or siting criteria than those specified in the "COHWMP", provided that such requirements or criteria are not inconsistent with the intent of the "COHWMP"; and, WHEREAS, the City has prepared amendments to the Public Facilities Element of the City General Plan to incorporate applicable portions of the approved "COHWMP" pursuant to the course of action prescribed under Health and Safety Code Section 25135.7{c){2); and, WHEREAS, as provided by Health and Safety Code Section 26135.7(d), those amendments also set forth those more specific objectives and policies of the City with regard to local hazardous waste management which are intended to serve as Resolution No. 16704 Page 2 refinements of the more general directives of the "COHWMP", including the establishment of local planning requirements and siting criteria which may be considered more stringent than those specified in the "COHWMP", and which are designed to ensure that review and permitting of proposed hazardous waste facilities is made with the highest regard for the health, safety and welfare of the citizens of the City of Chula Vista and the natural environment, recognizing more specific local conditions; and, WHEREAS, the Envi tonmental Review Coordinator has determined that an Addendum to the Final EIR for the "COHWMP" may be prepared for the subject General Plan Amendments; and, WHEREAS, the City Planning Commission held a duly noticed public hearing on June 24, 1992, and a continuation of that hearing on June 29, 1992, to consider the General Plan Amendment; and, WHEREAS, the Planning Commission recommended approval of the General Plan amendment; and, WHEREAS, on June 30, 1992, the City Council considered the recommendation of the Planning Commission at a duly noticed public hearing and heard and considered all evidence and testimony offered by all interested parties concerning the General Plan Amendment, and considered the Addendum issued under EIR-92-03; and, WHEREAS, the proposed General Plan Amendment was determined to be consistent with the intent and provisions of the "COHWMP"; and, WHEREAS, in order to fully implement the provisions of the Amended Public Facilities Element with regard to hazardous waste management, and the siting and permitting of proposed hazardous waste facilities within the City it is necessary to prepare amendments to the City's Zoning Ordinance; and, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. That the Addendum under EIR-92-03 was prepared in accordance with the provisions of CEQA, Public Resources Code section 21000 et seq., and the guidelines promulgated thereunder, CEQA guidelines Section 15000 et seq. SECTION 2. The City Council does hereby find and determine that the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A, 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 3. That the amendments to the Public Facilities Element of the City General Plan, a copy of which are attached hereto as Exhibit A, are Resolution No. 16704 Page 3 hereby adopted into and hereby made a part of the City's General Plan and the Public Facilities Element thereof. SECTION 4. Staff is hereby directed to complete in a timely manner the necessary implementing amendments to the Zoning Ordinance. Presented by Approved as to form by Resolution No. 16704 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 30th day of June, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ~'. 'l' Beverly:A. 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. 16704 was duly passed, approved, and adopted by the City Council held on the 30th day of June, 1992. Executed this 30th day of June, 1992.