HomeMy WebLinkAboutReso 2008-297RESOLUTION NO. 2008-297
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AFFIRMING THE DETERMINATION BY THE
COUNTY OF SAN DIEGO IN 1980 THAT THE OTAY
QUARRY OPERATION LOCATED AT THE EASTERN
TERMINUS OF MAIN STREET, CHULA VISTA, WAS A
VESTED LEGALLY NON-CONFORMING USE
WHEREAS, RR Quarry, LLC; Rimrock CA LLC; and Otay Valley Quarry LLC (referred
to collectively as Rimrock) own and operate the Otay Ranch Pit/Rock Mountain Mine, located at
the eastern terminus of Main Street; and
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego (County) and was annexed into the City of Chula Vista in 1997; and
WHEREAS, the County issued a Grading Permit (L6844), dated October 19, 1973, to
conduct mining operations, however the permit did not specify the property subject to excavation
but referred to the legal description in the grading plan to provide the legal description of the
land under the permit, this land is depicted on Exhibit "A"; and
WHEREAS, the County transferred Grading Permit L6844 tp the new owners of the
mining operation on August 24, 1977, which stated that the Permit was issued for a
"nonconforming special use" and once again, the 1977 Grading Permit referred to the Grading
Plan to provide the legal description of the land under the 1977 Permit; and
WHEREAS, the new owners provided an instrument of credit for the 1977 Grading
Permit that covered the same area described on the Grading Plan referred to by the 1973 and
1977 Grading Permit; and
WHEREAS, on August 15, 1980, the County Planning Commission approved a
Reclamation Plan for the mining operation covering portions of the land depicted on Exhibit "A"
and all of the azea shown on "Exhibit "B" and in its decision affirmed that the mining operation
was a legal nonconforming use; and
WHEREAS, the California Surface Mining and Reclamation Act of 1976, California
Public Resource Section 2776, (SMARA) provides that a vested right may be acquired for a
mining operation if either a permit or other authorization was required for such activity and it
was obtained prior to January 1, 1976; or if mining was conducted without a permit, it was
pursuant to an existing legal nonconforming use as of January 1, 1976; and
WHEREAS, Rimrock contends that they have a vested right, under SMARA, to mine the
property that is depicted as the "Vested Future Mining Area" on Exhibit "B" because of the 1973
Grading Permit issued by the County and because mining operations commenced in or around
1948; and
Resolution No. 2008-297
Page 2
WHEREAS, Rimrock is requesting that the City Council affirm the County's decision
that it has a legal nonconforming use with respect to only the azea depicted as the "Vested Future
Mining Area" on Exhibit "B", which is smaller than the area covered under the 1973 and 1977
Grading Permits but is within all of the azea covered under the 1980 County Planning
Commission's decision of vested use; and
WHEREAS, Rimrock has agreed to relinquish any and all vested rights, it may have, to
operate and expand its mining operations on any property other than that azea shown as the
"Vested Future Mining Area" on Exhibit "B" and legally described on Exhibit "C"; and
WHEREAS, a noticed public heazing was held on December 16, 2008, and evidence of
the County's determination of Rimrock's vested right to operate a mine was presented to the City
Council; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the activity is not a Project as defined under Section 15378 of the State CEQA guidelines;
therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA, so no environmental review was necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it affirms the County of San Diego's determination that Rimrock's mining operation over the
azea depicted on Exhibit "B" and legally described on Exhibit "C", attached hereto and
incorporated herein by this reference, was a vested legal nonconforming use under SMARA,
provided however, any and all mining activities shall be subject to all applicable State and
Federal laws and regulations, as well as, other applicable City Municipal Code provisions
pursuant to its police powers.
Presented by
Gary Halb , A P
Planning Building Director
Approved as to form by
j ~ ~_
B C. Miesf
ity Atto
Resolution No. 2008-297
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 16th day of December 2008 by the following vote:
AYES: Councilmembers: Bensoussan, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda
Cheryl Cox, or
ATTEST:
Donna R. Norris, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2008-297 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 16th day of December 2008.
Executed this 16th day of December 2008.
~~ 6~~
Donna R. Noms, CMC, City Clerk
Resolution No. 2008-297
EXHIBIT
Limits of 1973 Grading Permit A
Resolution No. 2008-297
EXHIBIT
Vested Future Mining Area B
Resolution No. 2008-297
Page 6
EXHIBIT "C"
LEGAL DESCRIPTION
BEING A PORTION OF PARCELS 1, 2, 3 AND 4 AND THE LAND DEPICTED AS "NOT A
PART" ALL OF PARCEL N1AP NO, 20264, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO COUNTY ON JUNE 01, 2007.
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1; THENCE ALONG
THE EASTERLY LINE OF SAID PARCEL 1 AND SAID PARCEL 3 SOUTH 18°39'03" EAST,
4334.86 FEET TO THE NORTHERLY SIDELINE OF THE SAN DIEGO - CORONADO
PIPELINE AS DEEDED TO THE CITY OF SAN DIEGO IN BOOK 570, PAGE 113 OF DEEDS;
THENCE LEAVING SAID EASTERLY LINE OF PARCEL 3, ALONG SAID NORTHERLY
SIDELINE SOUTH 71°09'11" WEST, 24:55 FEET TO THE BEGINNING OF A 320.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23°41'15" A DISTANCE OF 132.30
FEET; THENCE SOUTH 47°27'56" WEST, 1010.59 FEET TO THE BEGINNING OF A 287.50
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 29°48'41" A
DISTANCE OF 149.59 FEET; THENCE SOUTH 77°16'37" WEST, 503.98 FEET TO THE
BEGINNING OF A 320.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
44°36'51" A DISTANCE OF 249.36 FEET; THENCE SOUTH 32°37'46" WEST, 985.58 FEET;
THENCE SOUTH 30°04'17" WEST, 76.51 FEET; THENCE LEAVING SAID NORTHERLY
SIDELINE SOUTH 84°11'08" WEST, 166.57 FEET; THENCE SOUTH 16°23'00" EAST, 91.00
FEET; THENCE SOUTH 26°00'00" WEST, 62.00 FEET; THENCE SOUTH 69°14'00" WEST,
104.00 FEET; THENCE SOUTH 73°13'00" WEST, 109.00 FEET; THENCE NORTH 69°23'00"
WEST, 82.00 FEET; THENCE NORTH 56°22'00" WEST, 31.00 FEET; THENCE SOUTH
80°22'00" WEST, 303.00 FEET; THENCE NORTH 62°25'00" WEST, 59.00 FEET; THENCE
SOUTH 63°29'00" WEST, 156.00 FEET; THENCE NORTH 72°56'00" WEST, 60.00 FEET;
THENCE NORTH 80°11'00" WEST, 135.00 FEET; THENCE NORTH 84°25'00" WEST, 169.00
FEET; THENCE NORTH 58°56'00" WEST, 198.00 FEET; THENCE NORTH 78°09'00" WEST,
100.00 FEET; THENCE NORTH 47°34'00" WEST, 23.00 FEET; THENCE SOUTH 59°30'00"
WEST, 59.00 FEET; THENCE NORTH 77°2T00" WEST, 52.00 FEET; THENCE NORTH
57°49'00" WEST, 59.00 FEET; THENCE NORTH 77°50'00" WEST, 125.00 FEET; THENCE
NORTH 28°05'00" WEST, 44.00 FEET; THENCE NORTH 15°49'00" WEST, 65.00 FEET;
PAGE 1 OF 3
:d M:@40910041Legal DesctlptionsWO'I Vested Mining Rights.doc
WO 2409-04 12/9/08
Resolution No. 2008-297
Page 7
THENCE NORTH 57°45'00" WEST, 41.00 FEET; THENCE NORTH 71°55'00" WEST, 29.00
FEET; THENCE NORTH 23°05'00" EAST, 80.00 FEET; THENCE NORTH 57°22'00" WEST,
85.00 FEET; THENCE NORTH 61°09'00" WEST, 80.00 FEET; THENCE NORTH 64°08'00"
WEST, 77.00 FEET; THENCE NORTH 49°13'00" WEST, 125.00 FEET; THENCE NORTH
54°03'00" WEST, 112.00 FEET; THENCE NORTH 58°53'00" WEST, 133.00 FEET; THENCE
NORTH 56°00'00" WEST, 323.00 FEET; THENCE NORTH 57°19'00" WEST, 92.00 FEET;
THENCE NORTH 54°38'00" WEST, 128.00 FEET TO A POINT ON THE WESTERLY LINE OF
SAID PARCEL 4; THENCE LEVING SAID WESTERLY LINE NORTH 12°02'00" WEST, 126.50
FEET; THENCE NORTH 24°57'00" EAST, 84.00 FEET; THENCE NORTH 18°25'00" EAST,
191.12 FEET; THENCE NORTH D6°20'00" EAST, 261.95 FEET; THENCE NORTH 16°17'00"
EAST, 35.00 FEET; THENCE SOUTH 17°18'00" EAST, 111.00 FEET; THENCE NORTH
83°22'00" EAST, 145.00 FEET; THENCE NORTH 87°14'00" EAST, 116.00 FEET; THENCE
SOUTH 28°50'00" EAST, 23.00 FEET; THENCE SOUTH 10°57'00" EAST, 63.04 FEET;
THENCE SOUTH 64°05'00" EAST, 16.46 FEET; THENCE SOUTH 64°05'00" EAST, 23.50
FEET; THENCE SOUTH 88°39'00" EAST, 43.00 FEET; THENCE NORTH 76°59'00" EAST,
19.00 FEET; THENCE NORTH 20°50'00" EAST, 107.00 FEET; THENCE SOUTH 86°27'00"
EAST, 42.00 FEET; THENCE SOUTH 77°47'00" EAST, 54.00 FEET; THENCE SOUTH
70°25'00" EAST, 55.78 FEET; THENCE SOUTH 59°29'00" EAST, 45.36 FEET; THENCE
NORTH 89°12'00" EAST, 33.00 FEET; THENCE NORTH 47°17'00" EAST, 27.00 FEET;
THENCE NORTH 29°07'DO" EAST, 116.00 FEET; THENCE NORTH 22°12'00" EAST, 132.00
FEET; THENCE NORTH 17°40'00" EAST, 11D.00 FEET; THENCE NORTH 10°48'00" EAST,
106.00 FEET; THENCE NORTH 50°49'00" EAST, 110.00 FEET; THENCE NORTH 38°21'00"
EAST, 44.00 FEET; THENCE NORTH 24°38'00" EAST, 503.00 FEET; THENCE NORTH
16°44'00" EAST, 54.00 FEET; THENCE NORTH 02°10'00" EAST, 35.00 FEET; THENCE
NORTH 18°55'00" WEST, 56.00 FEET; THENCE NORTH 26°50'00" WEST, 71.00
FEET;THENCE NORTH 14°14'00" WEST, 63.00 FEET; THENCE NORTH 03°38'00" WEST,
133.00 FEET; THENCE NORTH 60°59'00" EAST, 44.00 FEET; THENCE NORTH 37°10'00"
EAST, 112.00 FEET; THENCE NORTH 17°12'00" EAST, 62.00 FEET; THENCE NORTH
24°29'00" EAST, 94.00 FEET; THENCE NORTH 32°44'00" EAST, 120.00 FEET; THENCE
NORTH 35°07'00" EAST, 245.00 FEET; THENCE NORTH 34°14'00" EAST, 51.00 FEET;
THENCE NORTH 19°34'00" EAST, 45.00 FEET; THENCE NORTH 04°58'00" EAST, 35.00
FEET; THENCE NORTH 07°25'00" WEST, 36.00 FEET; THENCE NORTH 14°45'00" WEST,
77.00 FEET; THENCE NORTH 21°22'00" WEST, 191.00 FEET; THENCE NORTH 11°01'00"
WEST, 20.00 FEET; THENCE NORTH 04°04'00" EAST, 49.00 FEET; THENCE NORTH
25°22'00" EAST, 50.00 FEET; THENCE NORTH 41°41'00" EAST, 25.00 FEET; THENCE
NORTH 56°17'00" EAST, 238.00 FEET; THENCE NORTH 42°23'00" EAST, 32.00 FEET;
PAGE 2 OF 3
:d M;\2409\0041Legal OescriptlonsW01 Vested Mining Rights.doc
W02409-04 12/9/08
Resolution No. 2008-297
Page 8
THENCE NORTH 5D°02'00" EAST, 91.00 FEET; THENCE NORTH 36°12'00" EAST, 180.00
FEET; THENCE NORTH 33°22'00" EAST, 63.00 FEET; THENCE NORTH 38°05'00" EAST,
146.00 FEET; THENCE NORTH 35°19'00" EAST, 133.00 FEET; THENCE NORTH 50°29'00"
EAST, 78.00 FEET; THENCE NORTH 60°01'00" EAST, 41.00 FEET; THENCE SOUTH
74°23'00" EAST, 117.00 FEET; THENCE SOUTH 62°52'00" EAST, 296.00 FEET; THENCE
SOUTH 83°01'00" EAST, 32.00 FEET; THENCE SOUTH 89°04'00" EAST, 120.00 FEET;
THENCE NORTH 81°49'00" EAST, 109.00 FEET; THENCE NORTH 75°10'00" EAST, 75.00
FEET; THENCE NORTH 67°31'00" EAST, 39.00 FEET; THENCE NORTH 37°23'00" EAST,
68.00 FEET; THENCE NORTH 16°54'00" EAST, 42.00 FEET; THENCE NORTH 00°55'00"
EAST, 67.00 FEET; THENCE NORTH 30°07'00" EAST, 22.00 FEET; THENCE NORTH
62°41'00" EAST, 28.00 FEET; THENCE NORTH 70°56'00" EAST, 57.00 FEET; THENCE
NORTH 51°57'00" EAST, 23.00 FEET; THENCE NORTH 38°35'00" EAST, 26.00 FEET;
THENCE NORTH 10°32'00" WEST, 72.00 FEET; THENCE NORTH 15°05'00" WEST, 114.00
FEET; THENCE NORTH 05°42'00" EAST, 81.00 FEET; THENCE NORTH 43°48'00" EAST,
100,00 FEET; THENCE NORTH 00°01'00" WEST, 297.00 FEET; THENCE NORTH 09°24'00"
WEST, 30.00 FEET; THENCE NORTH 01°54'00" EAST, 57.00 FEET; THENCE NORTH
16°10'00" EAST, 35,00 FEET; THENCE NORTH 26°59'00" EAST, 35.00 FEET; THENCE
NORTH 40°54'00" EAST, 55.00 FEET; THENCE NORTH 53°23'00" EAST, 25.00 FEET;
THENCE NORTH 64°40'00" EAST, 127.00 FEET; THENCE NORTH 57°33'00" EAST, 92.00
FEET; THENCE NORTH 51°54'00" EAST, 227.00 FEET; THENCE NORTH 16°08'00" EAST,
88.00 FEET; THENCE NORTH 07°19'00" EAST, 43.00 FEET; THENCE SOUTH 73°10'00"
WEST, 150.00 FEET; THENCE NORTH 84°55'00" WEST, 48.67 FEET TO A POINT ON THE
NORTHERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHERLY LINE NORTH
49°34'01" EAST, 358.34 FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE PARCEL OF LAND CONTAINS 371.063 ACRES MORE OR LESS.
DAVID W. AMBLER P.L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
a~ C
j No, 7322 ~
* Ems. 12li1N9 it
\~OF CA1.\F~~2/
PAGE 3 OF 3
:d M:@409\004\Legal Descriptions\P,01 Vested Mining Rights.doc
WD 2409-04 17J9/OB
Resolution No. 2008-297
Page 9
EXHIBIT "C"
I~~ ~
ou
0
-~
~~
~'
~~
~~
~r
,~
HUNSAKER
& ASSOCIATES
SAN 0 I! G Q I N L /
PLANMNG IDL9 fblTll4O6 $dRf
ENdNEERING Sen Ok9lA ^ 9iffl
A18YEYING PNIB58}55B~SW~ F%(H59155B~N14
R:\0676\kNOp\OP pining Rights 6HT 07.dny[xlec-09-2006:10:01 W.O. 25-366A