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HomeMy WebLinkAboutReso 1987-13116 RESOLUTION NO. 13116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ISSUANCE OF A COASTAL DEVELOPMENT PERMIT TO SANTA FE LAND IMPROVEMENT COMPANY FOR DIVISION OF LAND FOR CONVEYANCE OF PROPERTY FOR WETLAND HABITAT PROTECTION/ MITIGATION/BUFFERS TO THE COUNTY OF SAN DIEGO AND THENCE TO THE CALIFORNIA DEPARTMENT OF FISH AND GAME, SUBJECT TO THE CONDITIONS IN ATTACHMENT A The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Chula Vista Bayfront Local Coastal Program (LCP) was certified by the California Coastal Commission; and, WHEREAS, said LCP i ncl udes coastal development permitting procedures determined by the Coastal Commission to be legally adequate for issuance of Coastal Development Permits; and, WHEREAS, the City of Chula Vista has assumed permit authority over the Chula Vista Coastal Zone; and, WHEREAS, a public hearing was held on June 16, 1987, in accordance with said permitting procedures; and, WHEREAS, the City Council of the City of Chula Vista as the approving authority has reviewed the request for the division of land for conveyance of property for wetland habitat protection/mitigation/buffers. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds, based on the following findings and subject to the Conditions of Approval in Attachment A, that the proposed division of land for conveyance of property for wetl and habi tat protection/mitigation/buffers is consistent with the policies of the Chula Vista Bayfront LCP. 1. The property proposed for division is zoned for wetland and buffer use. Section 19.84.11 of the Specific Plan details the allowable uses in that zone as "Restoration or enhancement of wetland areas, with development or construction limited to interpretive facilities which will preserve natural resource or habitat values." The proposed division would not allow any uses other than those detailed in Section 19.84.11. Further, no development beyond the division of 148.493 acres for conveyance is being applied for at this time. 2~ Consistent with Section 19.86.08 of the Specific Plan the improvements within the buffers will be considered in a separate permit. The application currently under consideration would not preclude the development of the buffers consistent with the LCP requirements. 3. The proposed division of land for conveyance is consistent with the objective in Section 19.88.01 of the Specific Plan that mitigation requirements of the CalTrans/Corps of Engineers be incorporated into the LCP so that land development and resource protection measures will be complementary. 4. Division of the~property for conveyance will allow continued planning of the wetland buffers on the D Street Fill, Midbayfront, and Gunpowder Point. The evaluation of the consistency of buffer design with the certified LCP will be addressed in a subsequent permit review. 5. As a Condition of Approval, consistent with Section 19.88.05(b) of the Specific Plan, easements across the buffers and within E Street Marsh and Vener Pond are reserved for the planned wetland restoration unless resolution of the litigation (Sierra Club v. Marsh) provides alternative easements which are acceptable to the City, and which would have to be approved pursuant to an amendment to this permit. 6. The conveyance of the 148.493 will partially satisfy 19.88.54 of the Specific Plan which requires that "...all presently privately owned property within the Sweetwater Marsh complex Iconsisting of approximately 188 acres) will be given in fee title to the Department of Fish and Game. A more precise calculation of the property has resulted in a revised acreage total of 178 rather than 188 acres. The remainder of the privately owned property within the Sweetwater Marsh complex (+ 30 acres) is within the Coastal Development Permit jurisdiction of'~qe California Coastal Commission. Section 19.88.58 further requires that "This 188-acre property may not be reconveyed to any other person, governmental agency, association, or other party." This requirement is included in Attachment A which detail s the Conditions of Approval for granting the permit for the proposed division. Section 19.88.54 also requires that "In cooperation with the State Coastal Conservancy and the Bayfront Conservancy Trust, which will be created jointly by the City of Chula Vista and State Coastal Conservancy consistent with the Environmental Management Plan, and consistent with the provisions of the Chula Vista Bayfront Local Coastal Program, the Department of Fish and Game shall prepare a management plan for the 188-acres in its ownership." It is further clarified that the management plan shall constitute a development pursuant to section 19.92.02 and as a result will require a separate Coastal Development Permit. 7. Consistency with the requirements of Section 19.88.59 of the Specific Plan will be assessed when a management plan for the property is submitted by the Department of Fish and Game. Issuance of the proposed permit for di vision of the property will facilitate the transfer of the property which will trigger formulation of a management plan. 8. Public access to Gunpowder Point, consistent with Section 19.88.04{b) shall be protected by the Condition of Approval requiring the retention of the public access to Gunpowder Point. 9. The proposed division of land for conveyance to the Department of Fish and Game is consistent with the objective on page III-3 of the Bayfront Land Use Plan which states that "The existing saltwater marshes, ponds, and mudflats should be preserved and enhanced where appropriate to protect the many natural resource values of the habitat and contribute to the visual quality of the Bayfront." 10. The designated land uses for the property proposed for division are wetlands and wetland buffers: These terms are defined on pages III-7 and III-8 of the Bayfront Land Use Plan. Following division of the property, the allowable land uses will remain consistent with those outlined in the Bayfront Land Use Plan. 11. Easements for access/circulation improvements are reserved as Conditions of Approval consistent with the Circulation Objectives and Circulation Element of the Bayfront Land Use Plan. 12. Utility and maintenance easements shall be maintained to allow for the utility systems identified in the Utility Systems Element of the Land Use Plan. 13. The proposed E Street Marsh buffer is required to be relocated east of the planned E Street Marsh enhancement area to bring the division of land into consistency with the Environmental Management Element of the Bayfront Land Use Plan (see Figure 14. The development of the buffer areas will be the subject of a subsequent Coastal Development Permit review. The ability of the City to implement the provisions of the Bayfront Land Use Plan regarding buffer implementation will not be affected by the approval of a permit for division of the property. 15. The division of land is in conformity with public access and public recreational policies of Chapter 3 of the Coastal Act because: a) Public access to Gunpowder Point will be provided through the south levee road; and b) Public recreational opportunities will be provided consistent with the Certified LCP on the Gunpowder Point public park and immediately inland of the buffers on the mid-bayfront. {Public Resources Code Section 30604 Sub. C) BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby issues a Coastal Development Permit for the division of land for conveyance subject to the Conditions of Approval in Attachment A. cc,___-- Approve~ as to form by · ~ /" Paul G. ~e~ochers mas J. r on Community Development Director ttor WPC 2965H ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 23rd June CHULA VISTA, CALIFORNIA, this day of 19 87 , by the following vote, to-wit: Cox, Moore, Nader, Malcolm, McCandliss AYES: Counc i I members None NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Counci l members m~~j~hula Vista ATTEST C"~,-~,~]~J ~ ~ ~" City Cler~ S, ATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above end foregoing is o full, true and correct copy of RESOLUTION NO, 15116 ,and that the some has not been amended or repealed DATE D City Clerk CITY OF CHULA VISTA CC-660 ATTACHMENT A CONDITIONS OF APPROVAL 1. Pursuant to Section 19.92.02 of the Bayfront Specific Plan title information and all necessary subordination agreements must be submitted to the City as a condition of this permit for division of land and conveyance. 2. A 20-foot-wide easement for emergency access across the north levee road to Gunpowder Point shall be reserved by the landowner consistent with the graphic on page 34 of the Bayfront Specific Plan unless resolution of the litigation (Sierra Club v. Marsh) provides for alternative easements which are acceptable to the City, and which would have to be approved pursuant to an amendment to this permit. 3. Easements across the buffers and within E Street Marsh and Vener Pond shall be reserved for the City of Chula Vista for marsh enhancement projects consistent with the illustration on page 42 of the Bayfront Specific Plan unless resolution of the litigation (Sierra Club vs. Marsh) provides for alternative easements which are acceptable to the City, and which would have to be approved pursuant to an amendment to this permit. 4. The buffer at the southeast corner of the E Street Marsh shall be relocated east of the planned enhancement area as illustrated on page 42 of the Bayfront Specific Plan. The 3 acre enhancement parcel to be created shall be retained in the ownership of Santa Fe Land Improvement Company, for ultimate conveyance to the Bayfront Conservancy Trust. 5. A 50-foot wide strip for access to Gunpowder Point via the south levee road shall remain in fee ownership of the landowner consistent with the graphic on page 33 of the Bayfront Specific Plan. A non-exclusive easement for wetland buffer purposes shall be granted to the County for reconveyance to the Department of Fish and Game. In addition, a public access easement shall be granted to the City of Chula Vista for access to the Nature Interpretive Center. 6. Pursuant to Section 19.88.54 of the Bayfront Specific Plan the wetland habitat protection/mitigation/buffer property must be conveyed to the Department of Fish and Game and may not be reconveyed to any other person, governmental agency, association, or other party. 7. The license for access and utility line services for the Chula Vista Nature Interpretive Center shall be retained to ensure public access to the Nature Interpretive Center. 8. All existing utility and maintenance easements shall be maintained. IO0"BU --: -j.'-~Oo'~ .... :.