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HomeMy WebLinkAboutReso 1986-12435 RESOLUTION NO. 12435 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT TO SDG&E FOR THE REPAIR OF A FUEL OIL LEAK, RESTORATION OF THE SITE, ONGOING WATER QUALITY MONITORING, FENCE REPAIR, AND SITE REVEGETATION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City of Chula Vista Local Coastal Program (LCP) 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 for the Chula Vista Coastal Zone; and, WHEREAS, a public hearing was noticed, and held on April 15, 1986, in accordance with said procedures; and, WHEREAS, the City Council of the City of Chula Vista, as the "approving authority" has reviewed the emergency and ongoing actions taken by SDG&E to repair the fuel oil leak and restore the site. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista as follows: The City Council of the City of Chula Vista finds, based on the followin9 findings, in accordance with Section 13311 of the California Coastal Commission Administrative Regulations that the emergency and ongoing actions taken by SDG&E to repair the fuel oil leak and restore the site, subject to the conditions listed in the attached Exhibit A, is consistent with the policies of the certified Chula Vista Bayfront LCP. 1. The Statewide and Regional Interpretive Guidelines have been reviewed and the repair and restoration of the area around the fuel oil leak constitutes repair and maintenance. This action did not create intensification of use and, therefore, is not considered a new development under Section 30212(b) of the Public Resources Code. Thus, this activity is not subject to the access requirements of new development. The repair and maintenance activities will not, however, have an adverse impact on public lateral access to the shoreline. 2. The repair and maintenance activities are consistent with the Chula Vista LCP, as landscaped parking is the planned use for the SDG&E right-of-way and this use would not be precluded by the granting a permit for the remedial actions. In addition, every attempt was made to protect the water quality in the marsh which is one of the environmental goals of the LCP. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby issues a Coastal Development permit to SDG&E for the emergency actions taken to repair the fuel oil leakand restore the site, as well as, repair of the 6-foot chain link fence, revegetation of the site, and ongoing water quality monitoring. Presented~ Approved as to form p Chel~l e g Gill Community Development Director Assistant City Attorney WPC 2200H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 15th doy of.. April 19 86 , by the following vote, to-~vit: AYES: Councilmen: Scott ~ HcCandl iss, Moore NAYES: Councilmen: None ABSTAIN: Co~mlcilmen: None A~ENT: Councilmen: Cox, Mal calm AT TEST~" ~/-. Y~-~ . ~ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chuie Vista, Colifornia, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12435 ,and that the some has not been omendedor repe~led. DATED ~ City Clerk CllY OF CFIULA ¥1srA CC-660 - MPr¥ ~ = ..