HomeMy WebLinkAboutAgenda Statement 1973/07/17 Item 17AGENDA ITEb4 NO . [ 1 ~ ]
CHULA VISTA CITY COUNCIL MEETING oF: July 17, 1973
ITEM TITLE: Resolution - Approving submittal of application for exclusion
from the Permit Control Zone of the Costal Commission
INITIATED BY:
Rncxr;Rniirvn
Director of Planning
Section 27104 (c) of the Coastal Zone Conservation Act authorizes th Coast Regional
Commission to exclude areas within the Permit Control Zone if the ar as are developed
to 80 per cent of their allowable intensity or density and other cri eria.
When the initiative was drafted no study to determine the relationship of the Permit
Control Zone to the water front or the extent of development within the zone was
conducted; rather, this method of exclusion of stabilized urban area was provided.
The exclusion of appropriate areas from permit control would reduce
of city staff in coordinating the review of development plans with t
Coast Regional Commission and would eliminate delays experienced by
processing plans through the Regional Commission. Because of the ch
of the area requested for exclusion and the lack of any relationship
the intent of controlling development of the coast until the plannin
Conservation Act is complete will not be hindered.
The only other application for exclusion which has been made was pre
of National City. The application was not complete and was returned
of the Coastal Commission. Obviously, many areas within National Ci
and could be exempted. Other jurisdictions, such as Coronado and Im
have substantial areas that are zoned for multiple family or commerc
developed with single family dwellings. This precludes a request fo
the work load
e San Diego
evelopers in
racteristics
to the coastline,
phase of the
ared by the City
by the staff
y are stabilized
erial Beach,
al use and
exclusion.
The Environmental Review Section of the Planning Department has undertaken a study
of the Permit Control Zone within the city to determine those areas hich may meet
ATTACHED: Resolution [ X]
~Ord~naned n supplemental page)
] Agreement [
See EXHIBITS
Financial Statement:
N. A.
Commission-Board Recommendation:
Department Head Recommendation:
City Manager Recommendation:
N. A.
Forward attached request to San Diec
Regional Commission
Concur
Plat [ ]
~X~ No.l-2
o Coast
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AGENDA ITEM N0. 17
Supplemental Page No. 2
the requirements for exclusion. The results of the study indicate tat the
greater part of the area within the Permit Control Zone and east of reeway 5 meet the
criteria established by the Act as interpreted by the office of the l~ttorney General.
In general the areas for which exclusion is deemed appropriate are t'e commercial
districts focused on Broadway, and the residential, commercial and i~idustrial areas
bounded by Broadway on the east, -5 on the west, Flower Street on tie north, and
Arizona Street on the south, plus the Harborside Elementary School. ~,
Attached hereto is a request for exclusion from the Permit Control Z~ne to be forwarded
to the San Diego Coast Regional Commission by Council action. Appended thereto are
maps and other materials showing the areas under consideration and d to substantiating
the qualifications of the area in meeting the criteria established b the Act.
Enclosure A delimits the area being requested for exclusion from the act, and the
land use of the various parcels therein which meet the required density and/or inten-
sity of use. Enclosure B is a copy of the Zoning Map sheets of the ity of Chula
Vista showing the various zoning districts and the limits of the Per it Control Zone.
The zoning districts reflect the zoning on the effective date stipul ted in the Act,
January 1, 1972. Enclosure C comprises the worksheets utilized in d veloping the
data to establish the achievement of the requisite intensity/density within each
zoning district. ~,
The area being requested for exclusion from the Permit Control Zone comprises 29
zoning districts. These 29 districts include 1368 parcels of land, of which
1253 (91.6%) are stabilized within the meaning of the Act. i~
Worthy of attention by the Council in considering the request for exclusion from the
coastal permit zone, are the following points made by the office of he Attorney
General in opinions interpreting the Act.
1. Assuming that an area qualifies for an exclusion, the Regional Co~ fission is not
bound under Section 27104 (c) to exclude the area from the permit req~iirements.
The use of the term "may" is permissive in meaning. i~
2. The necessary factual basis in support of an application is by char implication
to be provided by the city making application.
3. The proper party to apply for an exclusion is the city or county ~rithin which
such a qualified area is located, not private owners nor other public; agencies.
4. The Regional Commission, in excluding an area, is required to pla a conditions
upon such exclusion assuring that "no significant change in density, eight, or
nature of uses occurs." The order granting exclusion should be caref lly drawn
so as to include the appropriate conditions. Additionally, it might a advisable
to require periodic reports from the city or county involved concerni g any planned
change in the area, to enable the Commission to determine whether the conditions
on exclusion are being complied with. ~
5. After public hearing, an order granting exclusion may be revoked
by the Regional Commission. Thus, for example, if the conditions pla
order granting exclusion are violated, the exclusion may be withdrawn
required for development within such area.
Attached: Request for exclusion of area from the Permit Control Zone
tt any time
:ed upon the
and permits
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