HomeMy WebLinkAboutReso 2003-197 RESOLUTION NO. 2003-197
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT AND
ENVIRONMENTAL ASSESSMENT (NO. 03-01) PREPARED
FOR THE CITY OF CHULA VISTA MULLTIPLE SPECIES
CONSERVATION PROGRAM (MSCP) SUBAREA PLAN;
ADOPTING THE MSCP SUBAREA PLAN, SUBJECT TO THE
CONDITIONS CONTAINED HEREIN; FINDING THAT THE
IMPLEMENTING AGREEMENT, DATED FEBRUARY 2003,
IS CONSISTENT WITH THE CHULA VISTA MSCP
SUBAREA PLAN; AUTHORIZING THE MAYOR TO
EXECUTE THE IMPLEMENTING AGREEMENT IN
SUBSTANTIAL FORM OF THE IMPLEMENTING
AGREEMENT DATED FEBRUARY 2003, WITH MINOR
CHANGES APPROVED BY THE CITY ATTORNEY AND
CITY MANAGER WITH THE EFFECTIVENESS OF SAID
AGREEMENT CONDITIONED AS STATED HEREIN;
AMENDING THE CITY OF CHULA VISTA GENERAL PLAN
TO INCORPORATE THE MSCP SUBAREA PLAN AS PART 2,
CHAPTER 7A; APPROVING THE REVISED MSCP
MITIGATION AND IMPLEMENTING AGREEMENT
MONITORING PROGRAM, DATED FEBRUARY 2003
WHEREAS, the Multiple Species Conservation Program (MSCP) Subregional Plan was
developed as a comprehensive, long-term habitat conservation plan which addressed multiple
species and the preservation of natural habitat within a 900 square mile study area in south San
Diego County; and
WHEREAS, MSCP Subregional Plan contemplated that local jurisdictions, including the
City of Chula Vista ("City"), would participate in the MSCP Subregional Plan and seek federal
and state take authorization by adopting a subarea plan consistent with the conservation
strategies contained in the MSCP Subregional Plan; and
WHEREAS, the City prepared and submitted a Draft MSCP Subarea Plan to the U.S.
Fish and Wildlife Service and the City of San Diego in August, 1996, for inclusion in the Draft
MSCP Subregional Plan and for consideration by the lead agencies in their enviromnental review
of the Draft MSCP Subregional Plan; and
WHEREAS, as lead agencies for the Multiple Species Conservation Program
Subregional Plan, the U.S. Fish and Wildlife Service and the City of San Diego prepared and
certified a Final Environmental Impact Report/Environmental Impact Statement for the Issuance
of Take Authorizations for Threatened and Endangered Species due to urban growth within the
Multiple Species Conservation Program planning area ("Final EIR/EIS") in January, 1997 and
adopted the Final MSCP Subregional Plan in August, 1998; and
WHEREAS, as a responsible agency, the City of Chula Vista ("City") participated in the
preparation of the Final EIR/EIS through consultation and comment; and
Resolution 2003-197
Page 2
WHEREAS, after the adoption of the MSCP Subregional Plan, the City, and the U.S.
Fish and Wildlife Service and the California Department of Fish and Game (hereinafter referred
to as the "Wildlife Agencies") further negotiated a number of aspects of the 1996 Draft Subarea
Plan, including but not limited to, the refinement of the conditions of coverage for covered
projects, the type and extent of protection for narrow endemic species, the amount and type of
public facilities and infrastructure to be allowed in the Preserve, and an acceptable configuration
for the university site adjacent to the Preserve; and
WHEREAS, following a review by the Wildlife Agencies and public comment period,
the City issued a draft MSCP Subarea Plan dated September 11, 2000, and a Draft Implementing
Agreement dated September 20, 2000, to the Wildlife Agencies and the general public; and
WHEREAS, on September 22, 2000, the City submitted to the U.S. Fish and Wildlife
Service an application for a Section 10(a)(1)(B) permit for incidental take pmsuant to the U.S.
Endangered Species Act of 1973, as amended, and submitted to the California Department of
Fish and Game an application for a take authorization permit pursuant to Section 2835 of the
California Endangered Species Act, with both applications including the Draft MSCP Subarea
Plan dated September 11, 2000, and a Draft Implementing Agreement dated September 20, 2000;
and
WHEREAS, the Planning Commission and the City Council set the time and place for a
joint hearing on said project and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the City at least 10 days prior to the
hearing; and
WHEREAS, the hearing was held at the time and place as advertised on October 17,
2000, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and City
Council; and
WHEREAS, approval of the MSCP Subregional Plan and adoption of the Chula Vista
MSCP Subarea Plan dated September 11, 2000 were discretionary actions covered by the Final
EIIVEIS, and therefore, as a responsible agency, the City had a more limited role than does a
lead agency under the California Environmental Quality Act ("CEOA"); and
WHEREAS, the City prepared an Addendum dated September 11, 2000, pursuant to
CEQA Guidelines section 15164 to fulfill the City's obligations as a responsible agency; and
WHEREAS, the City issued Findings of Fact for each of the significant environmental
effects of implementing the Chula Vista MSCP Subarea Plan, dated September 11, 2000, in
conformance with the CEQA and the CEQA Guidelines, which enabled the City to make full use
of the Final EIR/EIS and the Addendum (CEQA Guidelines, sections 15101, 15093 and 15096,
subd. (h)); and
WI-IEREAS, the City considered the Final EIR/EIS prepared by the lead agency together
with the Chula Vista MSCP Subarea Plan dated September 11, 2000 and the Draft Implementing
Agreement dated September 20, 2000, and reached its own conclusion about whether and how to
approve the MSCP Subregional Plan and the Chula Vista MSCP Subarea Plan dated September
11, 2000; and
WHEREAS, the City also prepared an MSCP Mitigation and Implementing Agreement
Monitoring Program For Biological Resources dated October 12, 2000, in compliance with
Public Resources Code section 21081.6, subd. (a)(1); and
Resolution 2003-197
Page 3
WHEREAS, the City Council reviewed and considered the Final EIR/EIS prepared and
certified by the U.S. Fish and Wildlife Service and the City of San Diego in January, 1997, the
Addendum to the Final EIR/EIS (October 2000), the Findings of Fact and Statement of
Overriding Considerations, and the MSCP Mitigation and Implementing Agreement Monitoring
Program for Biological Resources (October 2000) and found that the documents were prepared
in accordance with the requirements of CEQA, the CEQA Guidelines, and the Environmental
Review Procedures of the City of Chula Vista, and also found that the Final EIRfEIS (January
1997) and Addendum to the Final EIR/EIS adequately addressed the environmental impacts of
the MSCP Subregional Plan and the Draft Chula Vista MSCP Subarea Plan, dated September 11,
2000; and
WHEREAS, on October 17, 2000, the City Council approved the MSCP Subregional
Plan dated August, 1998, as the framework plan for the Chula Vista MSCP Subarea Plan;
conditionally adopted the MSCP Subarea Plan, dated September 11, 2000, and the Mitigation
and Implementing Agreement Monitoring Program for Biological Resources dated October,
2000; and
WHEREAS, subsequent to the City Council conditional approval on October 17, 2000,
the City decided to make further changes to the Draft MSCP Subarea Plan, dated September 11,
2000, including but not limited to additional information not previously available about the
Quino checkerspot butterfly, a federally listed endangered species. The City believed it was
prudent to add coverage for the Quino checkerspot butterfly into the draft MSCP Subarea Plan
prior to the Subarea Plan and associated implementing documents being published in the Federal
Register; and
WHEREAS, since October 2000, changes to the Draft MSCP Subarea Plan have been
made as necessary to complete a final Draft MSCP Subarea Plan, including 1) measures to
provide coverage for the Quino checkerspot butterfly; 2) the preparation of three implementing
ordinances; 3) final revisions to the Implementing Agreement, 4) conservation of additional
lands not previously anticipated to be preserved; and 5) other revisions to address unresolved
issues including, but not limited to, changed circumstances, wetlands, and funding for long term
management; and
WHEREAS, the City determined that as part of the implementation of the MSCP Subarea
Plan, the City of Chula Vista General Plan would be amended to incorporate the MSCP Subarea
Plan as a separate element of the General Plan; and
WHEREAS, the City has prepared a Supplemental Environmental Impact Report and
Environmental Assessment (No. 03-01) to address all of the changes to the revised final Draft
MSCP Subarea Plan; and
WHEREAS, on October 8, 2002, the City submitted a revised application to the Wildlife
Agencies for a Section 10(a)(1)(B) permit for incidental take pursuant to the U.S. Endangered
Species Act of 1973, as amended, and submitted to the California Departmem of Fish and Game
an application for a take authorization permit pursuant to Section 2835 of the California
Endangered Species Act, with all of the required application materials including the Draft
Supplememal EIR and EA, revised Draft MSCP Subarea Plan, and the revised Draft
Implementing Agreement, Draft Implementing Ordinances (hereinafter referred to collectively as
"implementing Documents"); and
WHEREAS, on October 10, 2002 a Federal Register notice was published commencing a
60-day public comment period on the Incidental Take Applications, Public Review Draft MSCP
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Subarea Plan, dated October 2002, implementing documents and associated environmental
documents. A public notice was also published on October 11, 2002 announcing the availability
of the Draft SEIR and EA to meet the requirements of the California Environmental Quality Act;
and
WHEREAS, public review of the Draft MSCP Subarea Plan and implementing
documents closed on December 9, 2002. The City received 12 letters of comment from the
public and has prepared responses to the comments and made changes to the Public Review
Draft MSCP Subarea Plan, dated October 2002 and implementing documents, and has prepared a
final City of Chnla Vista MSCP Subarea Plan, dated February 2003, Draft Implementing
Agreement, dated February 2003; and final draft implementing ordinances; and
WHEREAS, the Planning Commission set the time and place for a public hearing on said
project and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on April 9, 2003 in
the Council Chambers, 276 Fourth Avenue, before the Planning Commission; and
WHEREAS, the Planning Commission recommended to the City Council the approval of
the MSCP Subarea Plan and associated implementing documents; and
WHEREAS, the City Council set the time and place for a public heating on said project
and notice of said heating, together with its purpose, was given by its publication in a newspaper
of general circulation in the City at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised on May 13, 2003 in
the Council Chambers, 276 Fourth Avenue, before the City Council; and
WHEREAS, the conditional adoption of the Chula Vista MSCP Subarea Plan, dated
February 2003 and associated implementing documents will not constitute a binding set of
obligations on any public or private entity within the City of Chula Vista unless and until 1) the
U.S. Fish and Wildlife Service issues a biological opinion which affirms and is consistent with
the in the Chula Vista MSCP Subarea Plan, dated February 2003 and the Draft Implementing
Agreement, dated February 2003, 2) take permits and its conditions are issued by both Wildlife
Agencies that are consistent with the Chula Vista MSCP Subarea Plan, dated February 2003, and
Draft Implementing Agreement, dated February 2003, and 3) the City and Wildlife Agencies
approves and executes an Implementing Agreement substantially in the form of the
Implementing Agreement, dated February 2003; and
WHEREAS, implementation of the MSCP Subarea Plan will also require an amendment
to the City of Chula Vista General Plan to incorporate the MSCP Subarea Plan as an element of
the General Plan (Part 2, Chapter 7A) and adoption of three MSCP Implementing Ordinances,
including the Habitat Loss and Incidental Take Ordinance, the Otay Ranch Grazing Ordinance
and revisions to the Excavation, Grading and Fills Ordinance. These ordinances will only take
effect after issuance of the take permits and the necessary timelines for ordinances pursuant to
the City Charter have passed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, recommend, determine, resolve and order as follows:
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A. The proceedings and all evidence introduced before the Planning Commission and
City Council at the public hearing on this project are hereby incorporated into the record
of proceedings. These proceedings, evidence and documents, along with any documents
submitted to the decision makers, shall comprise the entire record of the proceedings for
any California Environmental Quality Act claims.
B. The City Council has reviewed and analyzed and considered the Supplemental
EIR and EA, the environmental impacts therein identified, and the Mitigation Monitoring
Ad Reporting Program, a copy of which are on file in the office of the City Clerk.
C. The City Council does hereby find that the Final Supplemental Environmental
Impact Report and Environmental Assessment and the Revised MSCP Mitigation and
Implementing Agreement Monitoring Program for Biological Resources are prepared in
accordance with the requirements of CEQA, the CEQA Guidelines, and the
Environmental Review Procedures of the City of Chula Vista. In addition, the City
Council finds the Final Supplemental EIR and EA reflects the independent judgment of
the City of Chula Vista City Council.
D. The City Council does hereby consider that the Final Supplemental
Environmental Impact Report and Environmental Assessment (No. 03-01) adequately
addressed the environmental impacts of the Chula Vista MSCP Subarea Plan, as revised;
and
E. The City Council does hereby approve the Revised MSCP Mitigation and
Implementing Agreement Monitoring Program, dated February 2003; and
F. The City Council reviewed and finds that the Chula Vista Subarea Plan (dated
February 2003) addresses the economic feasibility of preserve assembly for the proposed
plan in light of current and forecasted economic ad fiscal factors. Issues that was
considered in this analysis included, but not limited to the completion of key
infrastructure.
G. The City Council does hereby adopt the Chula Vista MSCP Subarea Plan (dated
February 2003) and does hereby find that the Chula Vista MSCP Subarea Plan is
consistent with the MSCP Subregional Plan and will provide for the conservation,
protection, restoration and enhancement of biological resources for protected species
while at the same time allowing the City to carry out its development plans, and
conditions the adoption of the Chula Vista MSCP Subarea Plan on all of the following:
1. The issuance of a biological opinion that is consistent with the City of
Chula Vista MSCP Subarea Plan (February 2003) and the Draft Implementing
Agreement dated February, 2003; and
2. The issuance of a Section 10(a)(1)(B) permit pursuant to the U.S.
Endangered Species Act of 1973, as amended and a take authorization permit
pumuant to Section 2835 of the State of California Endangered Species Act with
conditions that are consistent with the Chula Vista MSCP Subarea Plan (February
2003) and the Draft Implementing Agreement dated February 2003; and
3. The execution by the Wildlife Agencies and the City of an Implementing
Agreement substantially in the form as determined by the City Attorney of the
Draft Implementing Agreement dated February 2003.
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H. The City Council does hereby approved the Implementing Agreement, dated
February 2003, and find said agreement is consistent with the Chula Vista MSCP Subarea
Plan, dated February 2003 and does hereby affirm the submittal and execution of the
Draft Implementing Agreement dated February 2003, to the Wildlife Agencies. The City
Council does hereby authorize the Mayor to execute the Implement'mg Agreement, in
substantially the form of the Implementing Agreement, dated February 2003, with minor
changes approved by the City Attorney.
I. The City Council does hereby amend the City of Chula Vista General Plan to
incorporate Chula Vista MSCP Subarea Plan, dated February 2003 as a new element of
the General Plan, Part 2, Chapter 7A, based upon the following findings:
Findings of Consistency with the General Plan.
The City Council hereby finds that the MSCP Subarea Plan Element contains
policies and guidelines that will be consistent with the general plan as amended by this
Resolution based on the following:
Land Use
The MSCP Subarea Plan Element, prepared pursuant the Government Code
Section 2800 et. al., is a habitat conservation plan and would not change land use
designations established in the General Plan but instead would act to compliment the
existing general plan polices with regard to open space conservation. In addition the
Subarea Plan reflects the land uses, open space, circulation, active recreational uses, and
public facilities uses anticipated by the General Plan. The MSCP Subarea Plan Element
consists of policies and guidelines that will provide direction for the protection of
sensitive open space areas and are generally consistent with the adopted Land Use
Diagram of the general plan Land Use Element (Fig. 1-2). Objective 21 of the Land Use
Element calls for the preservation of "natural open space areas and corridors, particularly
the major canyons and valleys," and this reinforces the Chula Vista Greenbelt concept of
an open space system that encircles the city identified in Section 7.3. The Land Use
Element identifies three general categorie~ ~)f land in the city, including urban
development, transportation corridors, and open space. This element states that "the open
space areas are established to protect and preserve sensitive natural land forms,
vegetation, wildlife habitat, canyons, drainage courses, and mountains."
Public Facilities
The MSCP Subarea Plan Element contains policies and guidelines that are
consistent with policies of the Public Facilities Element of the general plan, including
Section 5.3(6) that states that "the city shall discourage disruption of the natural
landforms and encourage the maximum use of natural drainage in new development."
Growth Management
The MSCP Subarea Plan Element contains policies and guidelines that implement
the Growth Management Element of the general plan, including Section 2.3 which
recognizes that "Chula Vista is particularly blessed with significant vistas and open
spaces with a variety of natural resources, and the City has taken a multiple-track
approach to their conservation and management: preservation of critical landforms, such
Resolution 2003-197
Page 7
as Mother Miguel Mountain, requirements for open space dedication as part of large-
scale development in the Eastern Territories, incorporating natural resource preservation
in Bayfront redevelopment plans, and integration of open space elements in a City-wide
Greenbelt and Trail System around the City from the Otay Lakes to the Bay."
Conservation and Open Space
The MSCP Subarea Plan Element contains policies and guidelines that are
consistent with the policies contained in the Conservation and Open Space Element of the
general plan. Policy 6.1 of the Conservation and Open Space Element (Undeveloped
Natural Areas) calls for the retention of natural open space and "... other areas actively
managed for enhancement of wildlife and plant habitat..." Policy 6.7 (Plant and Animal
Resources) is further implemented by the policies and guidelines of the MSCP Element
stating that "designated wildlife and plant habitat areas are to be retained in their natural
state or are to be subject to a program of preservation and/or enhancement for educational
or recreational purposes."
Parks and Recreation
The MSCP Subarea Plan Element contains policies and guidelines that are
consistent with the policies contained in the Parks and Recreation Element of the general
plan. Policy 6.1 (Chula Vista Greenbelt) of the Parks and Recreation Element) addresses
the formation of a regional system of open space surrounding the City. The MSCP
Element contains policies that reinforce this open space concept. Policy 6.2 (Regional
Parks) recognizes the formation of regional parks within the Chula Vista Greenbelt and
provides guidelines that are consistent with those policies and guidelines of the MSCP
Element.
Safety Element
The MSCP Subarea Plan Element contains policies and guidelines that address
the issue of fire prevention and protection within open space preserve areas. These
policies and guidelines are not in conflict with the Safety Element and address fire
protection adjacent to open space preserves where the Safety Element is silent on this
type of protection.
Eastern Territories Area Plan
The MSCP Subarea Plan Element contains policies and guidelines that are
consistent with open space preservation policies of the Eastern Territories Area Plan of
the general plan, including the Chula Vista Greenbelt concept.
J. The amendment to the City of Chula Vista Plan shall become effective upon all
the conditions of paragraph G of this resolution occurring.
Resolution 2003-197
Page 8
Presented by Approved as to form by
Robert Leiter Ann Moore
Planning and Building Director City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of May, 2003, by the following vote:
AYES: Councilmembers: Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: Davis
Stephe~ Padilla, Mayor
ATTEST:
Susan Bigelow, City Cler~
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
Resolution No. 2003-197 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of May, 2003.
Executed this 13th day of May, 2003.
Susan Bigelow, City Clerk