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HomeMy WebLinkAboutReso 1987-13028 RESOLUTION NO. 13028 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF A COASTAL DEVELOPMENT PERMIT TO THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY FOR THE INSTALLATION OF SECURITY FENCING AND A SECURITY GATE FOR THE NATURE INTERPRETIVE CENTER 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 includes coastal development permitting procedures determined by the Coastal Commission to be legally adequate for issuance of Coastal Development Permits; and, WHEREAS, the City of Chul a Vista has assumed permit authority over the Chula Vista Coastal Zone; and, WHEREAS, a public hearing was held on May 12, 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 Nature Interpretive Center security fencing and security gate project proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds, based on the following findings in accordance with Section 13311 of the California Administrative Code, that the Nature Interpretive Center security fencing and security gate project is consistent with the policies of the Chula Vista Bayfront LCP. 1. The Statewide and Regional Interpretive Guidelines have been reviewed and the development conforms with the requirements of Section 30604(c) of the Public Resources Code. That Section states that for every coastal development permit issued for any development between the nearest public road and the shoreline, a specific finding shall be made that such development is in conformity with the public access and public recreation policies of Chapter 3. The analysis of the conformity with those policies follows. a. The Nature Interpretive Center security fencing and security gate would be consistent with the Section 30210 requirement that maximum access, which shall be conspicuously posted, and recreational opportunities shall be provided for all people consistent with public safety needs, the need to protect private property rights, and the need to protect natural resource areas from over use. The planned sign to be posted on the security gate that advertises the hours of operation of the Nature Interpretive Center and the shuttle bus service will meet the requirement for posting the access opportunity. The limitation on the mode of access /shuttle bus) is allowed by the stipulation that the access shall be consistent with the need to protect private property rights and to protect natural resource areas from over use. b. Consistent with Section 30211, the security fencing and security gate will not interfere with the public's right of access to the sea as access will still be provided by shuttle bus during posted hours. c. Public access will be provided beyond the security gate by shuttle bus from the nearest public roadway to the Nature Interpretive Center complying with Section 30212. d. Several public parking areas will be proposed for use adjacent to the developed areas of the Bayfront. The parking areas will be served by a shuttle bus to avoid overcrowding or over use of a single area for parking. e. The Nature Interpretive Center security fencing and security gate will provide security for the Nature Interpretive Center which will provide a low cost visitor facility consistent with the goals of Section 30213o f. The security fencing and security gate will limit the time, place and manner of public access as provided for in Section 30214. This will protect the wetland habitat and private property rights until the U.S. Army Corps of Engineers implements the lO0-foot marsh buffer or the private property owner installs a fence upland of the lO0-foot buffer for construction purposes to minimize impacts on the wetland habitat. g. The proposed project would not foreclose the opportunity for use of the Bayfront for water-oriented recreational activities consistent with Section 30220. h. The proposed project does not include development of oceanfront land that is suitable for coastal dependent aquaculture, consistent with Section 30222.5. i. Consistent with Section 30221, the proposed project does not contemplate the use of oceanfront land suitable for recreational use for other types of development. -2- j. The security fencing and security gate project does not propose to utilize private lands suitable for visitor serving commercial recreational facilities for other purposes, consistent with Section 30222. k. The proposed project does not propose to develop upland areas necessary to support coastal recreational uses for other purposes, consistent with Section 30223. 1. Consistent with Section 30224, the proposed project does not preclude future increased recreational boating use of coastal waters or other marine related uses. 2. Consistent with Section 30240(b) of the Public Resources Code, the Nature Interpretive Center security fencing and security gate were sited and designed to prevent impacts which could significantly degrade the adjacent areas. The fencing and security gate were located upland of the lO0-foot marsh buffers to minimize any potential impacts on wetland species. 3. The implementation of the security fencing plan will not preclude implementation of the certified LCP. The security gate is an effort to minimize unauthorized access into the environmentally sensitive habitat areas until the U.S. Army Corps of Engineers implements the lO0-foot buffer per their mitigation obligation for the Sweetwater River Flood control project, or the private property owner installs a fence upland of the lO0-foot buffer for construction purposes to minimize impacts on the wetland habitat. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby issues a Coastal Development Permit for the Nature Interpretive Center security fencing and security gate project. Presented by Approved as to form by City Attorney WPC 2911 H -3- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 12th day of May 19 87 , by the following vote, to-wit: AYES: Councilmembers McCandliss, Cox, Moore, Malcolm NAYES: Counci ] members None ABSTAIN: Counci] members None ABSENT: Councilmembers Nader ~Vista ATTEST ~ ~ ~ ~' City Clerk S,, .,E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) l, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Visto, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 15028 ,and that the some has not been amended or repealed. DATED City Clerk CrlY OF CHULA VISTA CC-660 .~' ,'i/'