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HomeMy WebLinkAboutReso 2003-097 RESOLUTION NO. 2003-097 (AGENCYRESOLUTION NO. 1813) RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING ISSUANCE OF COASTAL DEVELOPMENT PERMIT NUMBER 75 FOR REMOVAL OF ABOVEGROUND FUEL OIL STORAGE TANKS AT THE SOUTHBAY POWER PLANT WHEREAS, Duke Energy North America (DENA) (Applicant) has submitted on January 10, 2003 to the City of Chula Vista a Coastal Development Permit Application (No. 75); and WHEREAS, The City of Chula Vista Local Coastal Program CLCP) has been certified by the California Coastal Commission; and WHEREAS, said LCP includes Coastal Development procedures determined by the commission to be legally adequate for the issuance of Coastal Development permits and the City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and WHEREAS, a public hearing was duly noticed and conducted on March 4, 2003, in accordance with said procedures; and WHEREAS, the City Council and the Redevelopment Agency of the City of Chula Vista, as "approving authority", have reviewed the project proposal to remove two aboveground oil fuel storage tanks and appurtenant equipment at the South Bay Power Plant; and WHEREAS, the San Diego Unified Port District considered and adopted a Negative Declaration for the proposed project in accordance with the California Environmental Quality Act (CEQA); and NOW, THEREFORE, BE IT RESOLVED the City Council and the Redevelopment Agency of the City of Chula Vista do hereby find, order, determine and resolve as follows: 1. The Negative Declaration/Finding of No Significant Impact for the proposed project prepared and issued by the San Diego Unified Port District, dated February 2003 has been independently considered by the City of Chula Vista in its role as responsible agency, and is in conformance with the certified Local Coastal Program. 2. The proposal will enhance the visual quality of the Bayfront and not impact coastal resources. 3. The proposal will be consistent with the goals and objectives of the Bayfront Plan and Implementation Plan, which call for the "elimination of blight in the project area." BE IT FURTHER RESOLVED that the City Council/Redevelopment Agency hereby approves Coastal Development Permit No. 75 for the above described fuel oil storage tank removal project subject to attached conditions. Resolution 2003-097 Page 2 Presented by Approved as to form by - Lau/~e Madigan ! /J Corr~munity Development Director City Attorney PASSED, APPROVED, and ADOPTED by the City Council and the Redevelopment Agency of the City of Chula Vista, Caiifomia, this 4tn day of March, 2003, by the following vote: AYES: Agency/Councilmembers: Davis, Rindone, Salas, McCann, and Padilla NAYS: Agency/Councilmembers: None ABSENT: Agency/Councilmembers: None ATTEST: ~illa, Mayor/Chair Susan Bigelow, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing City Council Resolution No. 2003-097/Redevelopment Agency Resolution No. 1813 was duly passed, approved, and adopted by the City Council and Redevelopment Agency at a regular meeting held on the 4th day of March, 2003. th Executed this 4 day of March, 2003. ATTACHMENT 1 COASTAL DEVELOPMENT PERMIT NO. 75 CONDITIONS OFAPPROVAL Applicant shall obtain the required demolition permit from the City of Chula Vista Planning and Building Department. The Applicant may be required to obtain a grading permit as determined by the City of Chula Vista Engineering Division upon further review of Applicant's detailed work plan. Applicant shall be responsible for the cleanup and proper disposal of any debris deposited on any city street, public right-of-way or public/private properties. This Coastal Development Permit shall become void and ineffective if not utilized within one year from the effective date thereof. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source, which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Coast Development permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the action contemplated herein. 7. All demolition work must occur in strict compliance with the proposed project as - set forth in the application for the coastal development permit, subject to any special conditions required by the City of Chula Vista or the California Coastal Commission if the final action on the application is made by it on appeal. Any deviation from the approved application must be reviewed by the Director of Community Development and may require additional City approval or approval by the California Coastal Commission if final action on the permit application was made by it on appeal. All demolition work will be subject to the issuance of a demolition permit from the City of Chula Vista Fire Department and a permit from the County of San Diego Department of Environmental Health, Hazardous Materials Management Division. Applicant/operator shall carry out all debris and demolition materials from the project site to the final destination through the use of trucks and not through the use of the adjacent railway facilities.