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Home My WebLink About2012/10/02 Item 06oRDINANCE No. ..~~nnlp READING AND ADOPZI~N ~'- ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA COASTAL COMMISSION'S AUGUST 9, 2012 ACTIONS ON THE CITY OF CHULA VISTA LOCAL COASTAL PLAN AMENDMENT 1-ll AND ACCEPTING AND INCORPORATING MODIFICATIONS TO THE SPECIFIC PLAN, APPROVING THE AMENDED SPECIFIC PLAN OF THE CHULA VISTA LOCAL COASTAL PROGRAM AND AMEND[1~~G CHULA VISTA MUNICIPAL CODE CHAPTERS 19.81 THROUGH 19.87 WHEREAS, the City of Chula Vista (City) and the San Diego Unified Part District (Port District), in a collaborative effort with the community_ began working on a comprehensive Chula Vista Bayfront Master Plan in 2002; and WHEREAS, the area of land, which is the subject of this Ordinance, is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is the Chula Vista Bayfront generally located west of Interstate 5, south of the Sweetwater Marsh, east of the San Diego Bay, and north of Palomar Street, including two temtory islands one generally located south of State Route 54 between Broadway and Fifth Avenue, and the other generally located on the west end of Faivre Street; and WHEREAS, Califomia State law requires that coastal cities adopt a Local Coastal Program (LCP) and said LCP must be certified by the Califomia Coastal Commission before the LCP can become effective and implemented by the local jurisdiction; and WHEREAS, the LCP is composed of a Land Use Plan (LUP) and a Specific Plan; and WHEREAS, the LCP was certified by the Califomia Coastal Commission on .lanuary 15, 1943 and amended by City Resolution No. 17036 and Ordinance No. 2546 on March 23, 1993; and WHEREAS, in 2005 the City and the Port District embarked on a process to amend the LCP and Port Master Plan (PMP) in conjunction with the creation of the Chula Vista Bayfront Master Plan (CVBMP) and proposed land exchange between the Port District and a private land owner; and WHEREAS, the amendments to the LCP and PMP resulted in changes to 1) the Port District's and City'sjurisdictiona] boundaries, 2) proposed development projects, 3) land use designations, and 4) circulation/public access system within the Bayfront area; and 6-1 Ordinance No. Page 2 WHEREAS, the Proposed LCP Amendment is contained in a document known as Local Coastal Program Amendment 1-11 on file in the Office of the City Clerk; and WHEREAS, the Planning Commission set the time and place for a hearing on the LCP Amendment and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners within 1,000 feet of the exterior boundary of the CVBMP, at least ten (10) days prior to the hearing; and WHEREAS, a hearing at the time and place as advertised, namely May 18, 2010, at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, was held before the Planning Commission and said hearing was thereafrer closed; and WHEREAS, the Planning Commission reviewed and considered the Proposed LCP Amendment; and WHEREAS, the Planning Commission after considering all evidence and testimony presented recommended that the City Council approve the LCP Amendment, including the Specific Plan; and WHEREAS, a hearing time and place was set by the Chula Vista Redevelopment Corporation for consideration of the LCP Amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city, and its mailing to property owners and residents within 1,000 feet of the exterior boundary of the CVBMP, at least ten (l0) days prior to the hearing; and WHEREAS, the Chula Vista Redevelopment Corporation held a duly noticed public hearing to consider said amendment at the time and place as advertised, namely May 18, 2010 at 1:00 p.m. in the Council Chambers, 276 Fourth Avenue, said hearing was thereafrer closed; and WHEREAS, the Chula Vista Redevelopment Corporation reviewed and considered the Proposed LCP Amendment; and WHEREAS, the Chula Vista Redevelopment Corporation after considering all evidence and testimony presented recommended that the City Council approve the LCP Amendment, including the Specific Plan; and WHEREAS, the City Council set the time and place for the hearing on the LCP Amendment, including the Specific Plan, and notices of the hearing, together with its purpose, was given by i[s publication in a newspaper of genera( circulation in the city, and its mailing to propeRy owners within 1,000 feet of the exterior boundary of the CV BMI' at least ten (10) days prior to the hearing; and 6-2 Ordinance No. Page 3 WHEREAS, the duly called and noticed public hearing on the LCP Amendment, including the Specific Plan, was held before the City Council on May 18, 2010, in the Council Chambers in the City Hall, City ofChula Vista Ci~~ic Center, 276 Fourth Avenue; at 1:00 p.m. to receive the recommendations of the Planning Commission and Chula Vista Redevelopment Corporation and to hear public testimony with regard to the same; and WHEREAS, the City Council did thereby approve the LCP Amendment, including the Specific Plan in accordance with a first reading of the subject ordinance, i.e., the Specifc Plan; and WHEREAS, the City Council thereby certified that the LCP is intended to be carried out in a manner fully conforming with the Califomia Coastal Act of 1976 (Public Resources Code Section 30510(a)); and W"HEREAS, the City Council found that the LCP complied with the guidelines established by the Coastal Commission and contained materials sufficient for a thorough and complete review (Public Resources Code Section 30510(b)); and WHEREAS, afrer the duly called and noticed public hearing the City Council thereby directed the City Manager or his designee to submit the adopted resolution and the LCP, consisting of both the LUP and the Specific'Plan, to the Coastal Commission and that the Coastal Commission certify the same (Public Resources Code Section 30514); and WHEREAS, the City Manager subsequently submitted the adopted resolution and the LCP, consisting of both the LUP and the Specific Plan, to the Califomia Coastal Commission for review, public hearing and certification; and WHEREAS, on August 9, 2012, the California Coastal Commission after a duly noticed public hearing, reviewed and approved the LCP with suggested modif ications to the Specific Plan, attached hereto as Exhibit C; and WHEREAS, the California Coastal Commission subsequently forwarded a copy of its resolution of certification, including all of the suggested modification to the Specific Plan, to the City Council; and WHEREAS, the City Council acknowledges receipt of the California Coastal Commission resolution of certification, including all of the suggested modifications to the Specific Plan; and WHEREAS, the City Council has reviewed the Califomia Coastal Commission's suggested modifications to the Specific Plan and determined that they are acceptable. 6-3 Ordinance No. Page 4 1. NOW, THEREFORE, BE IT ORDA[NED that the City Council of the City of Chula Vista does hereby find and determine as follows: A. ENVIRONMENTAL DETERMINATION In accordance with the requirements of the California Environmental Quality Act (CEQA), the proposed LCP amendments were the subject of the Fn7a1 Environmental Impact Report (EIR) prepared for the 6ayfi-ont Master Plan and Port Master PIan.9n:ertdn:enl Idated.4pri1 2010) (UPD #83356-EIR-658; SCHNo. 200~08107i) (Final EiR) which was certified on May 18, 2010 and whereby, the requisite CEQA Findings of Pact pursuant to Section 15096{h) of the CEQA Guidelines and a Mitigation Monitoring and Reporting Program (MMRP} were adopted. B. CONSISTENCY WITH GENERAL PLAN AND CALIFORNIA COASTAL ACT The City Council finds that the amendment to the Local Coastal Program Specific Plan, including the Coastal Commission suggested modifications thereto, are consistent with the City of Chula Vista General Plan and the California Coastal Act Policies. The proposed amendment and suggested modifications are based on sound planning principles and practices that will provide for the protection and conservation of sensitive natural resources. The amendment allows the transfer of development from the Sweetwater District to the Harbor District, which is a previously developed and less sensitive area of the Bayfront; leading to the development of a project that will minimize potential negative impacts. The amendment will also contribute to provide and conserve bay views and provide more direct access to the Bayfront creating better connection to the rest of the city and the region. This will open up the Bayfront for the enjoyment of residents and visitors. The proposed amendment will be conducive to the development of the Bayfront and the creation of a world-class destination for residents and visitors. C. ACKNOWLEDGEMENT AND ACCEPTANCE OF RESOLUTION The City Council does hereby acknowledge receipt of the California Coastal Commission resolution of certification, as referenced in the California Coastal Commission's Staff Report of August 9, 20 i 2, including all of the suggested modifications to the Local Coastal Plan Specific Plan, and accept the same. ll. BE IT FURTHER ORDAINED, that the City Council does hereby adopt this ordinance approving the California Coastal Commission's August 9, 2012 actions on the City of Chula Vista Local Coastal Plan Amendment 1-1 ]and accepting and incorporating modifcalions to the Specific Plan, approving the amended Specific Plan of the Chula Vista Local Coastal Prograzn, attached hereto as Exhibit B and Exhibit C, respectively, and incorporated herein by this reference, and thereby. amending Chula Vista Municipal Code Chapters 19.81 thru 19.87. 6-4 Ordinance No. Page 5 III. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the second reading of the ordinance b}' the City Council. Presented by Gary Halbert, AICP, PE Assistant City ManagerlDirector of Development Services Approved as to form by ~/ G1 R. o0 %T~City Attorney 6-5