HomeMy WebLinkAboutReso 2011-113RESOLUTION NO. 2011-113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE OTAY VALLEY QUARRY
RECLAMATION PLAN AMENDMENT, FOR THE QUARRY
LOCATED AT THE EASTERN TERMINUS OF MAIN
STREET, CHULA VISTA
L RECITALS
A. Project Site
WHEREAS, the azea of land that is the subject of this resolution is diagrammatically
represented in Exhibit "A" attached to and incorporated into this resolution, and for the purpose of
general description herein consists of approximately 278 acres of land located at the eastern
terminus of Main Street in Chula Vista ("Project Site"); and
B. Project; Application for Discretionary Approvals
WHEREAS, a duly verified application was filed with the City of Chula Vista Development
Services Depaztment on November 2, 2009, by Otay Valley Quarry, LLC, to amend the
previously adopted Otay Ranch Pit Reclamation Plan Amendment (California Mine Pit #91-37-
0035) ("Project" or "Reclamation Plan Amendment") for the Project Site, in order to perform
mining activities within a vested mining rights azea; and
WHEREAS, the Reclamation Plan Amendment will supersede provisions and
requirements of all previous reclamation plans and amendments with respect to the Project Site
as shown in Exhibit "A." Notwithstanding the foregoing, reclamation of portions of the land
located within the boundaries of the previously adopted Reclamation Plan have already been
substantially initiated and, therefore, will be reclaimed consistent with the requirements of the
previously adopted Reclamation Plan. Specifically, these portions are known as the "North
Parcel," the "West Pazcel," and the "South Parcel;" the location of these parcels is illustrated in
Exhibit "B" attached to and incorporated into this resolution; and
C. Prior Discretionary Actions
WHEREAS, the mine was originally located within the jurisdiction of the County of San
Diego ("County") and was annexed into the City of Chula Visa in 1997; and
WHEREAS, in 1980, the County of San Diego formally determined that the site of the
Otay Valley Quarry was a vested legal non-conforming mining operation; and
WHEREAS, on December 16, 2008, the Chula Vista City Council affirmed the
determination by the County of San Diego that the site is a vested legally non-conforming mining
operation, and that surface mining operations include, but are not limited to, blasting, excavation,
crushing, materials processing, storage and hauling, and the sale and trucking of rock and
construction materials; and
Resolution No. 2011-113
Page 2
D. Environmental Determination
WHEREAS, the Development Services Director has reviewed the proposed Project for
compliance with the California Environmental Quality Act and has determined that there is
substantial evidence, in light of the whole record before the City of Chula Vista, that the Project
may have a significant effect on the environment; therefore, the City of Chula Vista has prepazed
an Environmental Impact Report, EIR-11-O1. The City Council certified EIR-11-O1/ SCH
2010101092 at their meeting of June 14, 2011; and
E. City Council Record of Application
WHEREAS, the City Clerk set the time and place for the hearing on the Project application
and notices of said hearings, together with its purposes given by its publication in a newspaper of
general circulation in the City, and its mailing to property owners within 500 feet of the exterior
boundaries of the Project Site at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on June 14, 2011, in the Council Chambers in City Hall,
Chula Vista Civic Center, 276 Fourth Avenue, at 4:00 p.m. to receive public testimony with regazd
to the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it finds and determines as follows:
II. RECLAMATION PLAN FINDINGS/ APPROVAL
Section 19.69.080(B) provides: Reclamation Plan Approvals. In addition to the findings
required by the City for the conditional use permit, approvals for reclamation plans for
surface mining operations shall include the following findings:
1. That the reclamation plan complies with SMARA Sections 2772 and 2773, and any other
applicable provisions, and with applicable requirements of state regulations (CCR Sections
3500 through 3505, and Sections 3700 through 3713).
The Reclamation Plan Amendment has been prepared in accordance with the requirements of
SMARA found in California Public Resources Code ("PRC") Section 2710 et seq., Title 14
of the California Code of Regulations ("CCR") Section 3500 et seq. and the City's
implementing ordinance. The project is an amendment to the existing adopted Otay Ranch Pit
Reclamation Plan Amendment (California Mine Pit #91-37-0035). Reclamation of portions
of the land located within the boandazies of the previously adopted Reclamation Plan have
already been substantially initiated and, therefore, will be reclaimed consistent with the
requirements of the previously adopted Reclamation Plan, rather than the requirements of the
proposed Reclamation Plan Amendment.
Resolution No. 2011-113
Page 3
The Reclamation Plan Amendment is prepared in a format that addresses each Reclamation
Plan requirement found in the Statute (primazily PRC §2772 and §2773) and the standazds
that must be met in reclamation implementation, as specified in CCR §3503 and CCR §3700
through CCR §3713. All owners of a possessory interest in the involved land have been
notified of the proposed ultimate use of the land as described in the Reclamation Plan
Amendment. The Reclamation Plan Amendment also contains site specific standards for
evaluating compliance as required by SMARA. Acting as the lead agency under SMARA, the
City also has reviewed the information provided by the applicant in support of the proposed
amount of the financial assurance and has approved both the form and amount of the
financial assurance.
2. That the reclamation plan and potential use of reclaimed land pursuant to the plan are
consistent with this chapter, the Ciry's General Plan and any applicable resource plan or
element.
The Reclamation Plan Amendment is consistent with the requirements of Chapter 19.69 of
the CVMC in that it complies with all of the requirements of SMARA. All engineering plans
and geological analysis also have been approved and signed by a civil engineer and geologist
licensed to practice in the State of California. The Reclamation Plan Amendment provides for
the reclamation of mined land at the earliest possible time consistent with the vested mining
activities of the Quarry and the requirements of Chapter 19.69. A financial assurance estimate
in a form and amount acceptable to the City also has been provided to the City to ensure
implementation of the necessary elements of the amended Reclamation Plan, which include,
but are not limited to, re-vegetation and landscaping, restoration of habitat, water quality,
slope stability, erosion and drainage control, and disposal of hazardous materials, if any.
The Reclamation Plan Amendment is consistent with the City's General Plan. The City's
General Plan land use designations are intended to be used for "general planning purposes"
and "describe a range of land uses that reflect different General Plan policies related to the
type, location, density, and intensity of development." The land uses shown in the General
Plan aze intended to be "broad enough to provide flexibility when implementing the General
Plan." When evaluating the General Plan consistency of the proposed reclamation of the
Quarry, it is significant that the General Plan also allows for the clustering of residential units
"onto a reduced land area on a particulaz site, typically in response to the site's unique
physical characteristics. These characteristics include such items as topography, geology,
biological resources, or other similar constraints." Any clustering allowed by the General
Plan, however, "should not result in housing types inconsistent to the area." The General
Plan also states that "[p]roperty owners who have achieved a vested rights status retain the
ability to develop in accordance with the land use designations in effect at the time of vesting
prior to adoption of this General Plan Update." The City has determined that a vested right to
mine existed prior to the adoption of the update to the General Plan.
Resolution No. 2011-113
Page 4
The amended Reclamation Plan is situated within the Central District of the Otay Ranch Sub-
azea ("Sub-azea"), which is part of the East Area Plan of the General Plan and is designated
for open space, residential, commercial, and light industrial land use. The Sub-azea is further
divided into four different planning districts and the project site is located within the planning
area that is referred to as Village Four. As discussed below, the proposed uses in the
Reclamation Plan Amendment aze consistent with the mixture of land uses, intensities, open
space, and conservation goals contemplated in the Sub-azea of the East Area Plan of the
General Plan.
After implementation of the Reclamation Plan, approximately 86 acres of land in what is
referred to as Village 4 of Otay Ranch would remain available for residential development
and 29 acres will remain open space, including the location of the water body. Reclaiming
such land as residential development would be physically impractical and would require that
the vested mining right not be fully utilized as legally allowed. Assuming a density range of
3-6 dwelling units (as called out on the General Plan Land Use Map) to the acre as is required
for Low-Medium Residential, approximately 258 to 519 residential units could be developed
on 86 acres within Village 4.
The constraints associated with the vested mining right and the ultimate topography of the
project site support the clustering of residential units on the 86 acres with the remaining 29
acres designated as open space. The General Plan advocates the concept of residential
clustering in response to a project site's unique physical constraints and chazacteristics, or in
order to provide additional amenities for project residents, such as creating open space. The
proposed Reclamation Plan Amendment does not preclude the Sub-azea from realizing its
residential housing unit projections and does not result in any net loss of residential units at
the appropriate density range For the Sub-azea. In addition, clustering reflects the project's
unique physical characteristics and constraints due to reclamation activities resulting from the
property owner's vested rights and will provide additional open space amenities for the
community.
The Reclamation Plan Amendment also is consistent with the provisions of the City's MSCP
Sub-area Plan, Chula Vista Greenbelt Master Plan, and Otay Valley Regional Pazk Concept
Plan. The boundary of the Quarry does not impact any of the areas designated for
preservation in the MSCP and, therefore, does not prevent the preservation of the necessary
core biological resource azeas and associated habitat linkages as required by the MSCP Sub-
regional Plan. In addition, although the proposed water body and adjacent open space areas
will be fenced for safety purposes, they will nonetheless provide meaningful habitat after
reclamation for a number of species, including birds and smaller mammals. Since the
proposed use after implementation of the Reclamation Plan Amendment is a water body and
open space, the Reclamation Plan Amendment also is consistent with the General Plan Area
Open Space Map and the Chula Vista Greenbelt Master Plan. None of the trails or greenbelt
systems contemplated by the Greenbelt Master Plan will be precluded by the Reclamation
Plan Amendment. The Reclamation Plan Amendment actually improves compliance with the
Resolution No. 2011-113
Page 5
General Plan's Natural Systems Open Space Map by adding acreage designated as developed
land to the open space system shown on the Open Space Map. The proposed habitat
restoration and water body features of the Reclamation Plan Amendment also are consistent
with the ultimate goals of the Otay Valley Regional Pazk Concept Plan which call for the
protection of environmentally sensitive areas.
The Otay Ranch Resource Management Plan ("RMP") is intended to serve as a
comprehensive planning document that addresses the preservation and management of
sensitive resources in the Otay Ranch. Reclamation consistent with the Reclamation Plan
Amendment will not reduce the overall size of the preserve and will provide conservation of
sensitive resources that is consistent with that described in the RMP. In fact, implementation
of the Reclamation Plan Amendment will add additional open space to the overall open space
system described in the RMP, including permanently eliminating residential development
within Restricted Development Areas and replacing it with open space uses. The
Reclamation Plan Amendment also demonstrates compliance with the edge effects standazds
of the RMP (such as dust control and noise requirements) during the construction phase of
the reclamation activities, and serves as the edge plan for the Quarry under the RMP.
3. That the reclamation plan has been reviewed pursuant to CEQA and the City's
environmental review guidelines, and all significant adverse impacts from reclamation of the
surface mining operations are mitigated to the maximum extent feasible as determined the
CEQA document either through adoption of mitigation measures or a statement of overriding
considerations.
As required by CEQA, the City has determined that implementation of the Reclamation Plan
Amendment may have a significant impact on the environment. As a result, the City has
prepared the Otay Valley Quarry Reclamation Plan Amendment Environmental Impact
Report (EIR-11-O1/SCH No. 2010101092) ("EIR") in accordance with CEQA and the City's
environmental review guidelines. The EIR identifies the potentially significant effects of the
Reclamation Plan Amendment's implementation on the environment, alternatives to the
Reclamation Plan Amendment, and indicates that all potentially significant effects can be
avoided or mitigated to a level of insignificance with implementation of the identified
mitigation measures.
4. That the land and/or resources to be reclaimed will be restored to a condition that is
compatible with, and blends in with, the existing surrounding natural environment,
topography, and other resources or Zand uses. If the City determines that on-site restoration
is not feasible, suitable off-site lands may be set aside to compensate for related disturbance
to resource values.
The topographic and re-vegetation efforts required by the Reclamation Plan Amendment
create a harmonious, integrated and attractive landscape that recognizes the past quarrying
use without overly emphasizing the past use, blends its perimeter into the surrounding natural
areas, and identifies specific sites for Village Four and other developed uses, consistent with
the General Plan. From a visual quality perspective, the Reclamation Plan Amendment
Resolution No. 2011-113
Page 6
blends both the texture and landform shapes with the color of the native landscape and rock
formations to integrate the Quarry into the natural landscape. Vegetation will support this
integration and is enhanced beyond the minimum required for re-vegetation.
5. That the reclamation plan will restore the mined lands to a usable condition that is
readily adaptable for alternative land uses consistent with the general plan and multiple
species conservation program (MSCP).
The analysis for Finding B.2 above addresses the Plan's consistency with the General Plan
and the City's MSCP Sub-area Plan.
6. That a written response to the State Department of Conservation has been prepared,
describing the disposition of major issues raised by that Department. Where the city's
position is at variance with the recommendations and objections raised by the state, said
response shall address, in detail, why specific comments and suggestions were not accepted.
The Office of Mine Reclamation ("OMR") of the State Department of Conservation
submitted a comment letter to the City dated December 23, 201 L In the letter, OMR raised
several issues and/or questions concerning the Plan. On May 11, 2011, the City responded to
OMR's December 23, 2011 letter and accepted many of the recommendations advanced by
OMR, provided additional data and information that responded adequately to OMR's
questions, and proposed an adaptive management strategy to verify conclusions in the
Reclamation Plan Amendment concerning groundwater conditions and reliance on
groundwater to create the contemplated water body.
III. APPROVAL OF OTAY VALLEY QUARRY RECLAMATION PLAN AMENDMENT
Based on the findings above, the City Council approves the Otay Valley Reclamation Plan
Amendment, dated June 2011, which will supersede provisions and requirements of all
previous reclamation plans and amendments with respect to the Project Site as shown in
Exhibit A and subject to the conditions set forth below:
1. The Project shall comply with all mitigation measures specified in FEIR-11-O1, to the
satisfaction of the Development Services Director.
2. The applicant and all successors in interest shall fully comply with all requirements and
provisions, of the Otay Valley Reclamation Plan Amendment, dated June 2011, including
any design features identified in the FEIR-11-O1,
3. Owner shall comply with the conditions of approval as set forth in a letter dated
September 10, 2010, of that certain Otay Quarry MSCP Boundary Adjustment (Case
Number PCM-10-14) approved by the City, and attached and incorporated by reference to
the Reclamation Plan Amendment.
Resolution No. 2011-113
Page 7
N. APPROVAL OF AMENDMENTS AND ADDENDUMS TO ASSOCIATED
REGULATORY DOCUMENTS
The City Council approves the Otay Valley Quarry Reclamation Plan Amendment, dated
June 2011.
V. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the forgoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition the Reclamation Plan
Amendment under the authority of approvals herein granted, instituted and prosecute
litigate or compel their compliance or seek damages for their violations afrer first notifying
Owner in writing of the failure to implement or maintain the conditions and providing
Owner a reasonable period of time in which to cure any such failure to implement or
maintain the involved conditions.
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this resolution is dependent upon
the enforceability of Conditions 1, 2, and 3 as set forth in Section III above and the
documents referenced therein. In the event that any one or more of such Conditions or
documents referenced therein are determined by the Court of competent jurisdiction to be
invalid, illegal or unenforceable, if the City so determines in its sole discretion, this
resolution shall be deemed revoked and no further in force or in effect ab initio.
Presented by Approved as to form by
-- _ ~
~ ~..
Gary Halbe P ./AICP en R. ogins
Assistant Ci anager/Development Services City ASYorliey ____-
Director
Resolution No. 2011-113
Page 8
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 14th day of June 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, Castaneda and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Ramirez
Che~ or
rY ~ Y
ATTEST:
1v V' ~~.,c~o
Donna R. Norris, CMC, 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. 2011-113 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 14th day of June 2011.
Executed this 14th day of June 2011.
U~CDhu~, ll~- ~/Y~hh,~~a
Donna R. Norris, CMC, City Clerk
Resolution No. 2011-113
Page 9
Legend
---- Ownership Boundary (38a Ac.) > > Area to t» Reclaimed Pursuant to ReGamation Plan
°"4` Amendment
Quarry Boundary (278.5 At.) , _ __~~__.__ ~ Limits of MSCP Preserve
F
yS
5
t
o soo
~'~^
DATE: JUne 3, 2011 t1~Fll{ill A
Resolution No. 2011-113
Page 10
Legend
Revegetation Pu reuant to 201 D Boundary
---- Ownership Boundary (3B6 Ac) Adjustmem (9.3 Ac.)
Quarry Boundary (278.5 Ac.) ,t M1ws
v <,. Area to be Reclaimed Pursuant to Reclamation Plan
r Amendment
® Recamation Areas Pursuant to 2006 may Ranch I
-'; Limits of MSCP Preserve
Pit Reclamation Plan (39 Ac.) ` -
._~
~~~
DATE: June 3, 20'1'1 EXHIBIT B
l` r1 0 9110