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HomeMy WebLinkAboutReso 1996-18399 RESOLUTION NO. 18399 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT NO. 69 FOR THE CONSTRUCTION OF A PORTION OF THE BAYSHORE BIKE WAY PROPOSED WITHIN THE CHULA VISTA COASTAL ZONE WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has been certified by the California Coastal Commission; and WHEREAS, said LCP includes Coastal Development procedures determined by the Commission to be legally adequate for the issuance of Coastal Development Permits and the City of Chula Vista has assumed permit authority of the Chula Vista Coastal Zone; and WHEREAS, a public hearing was duly noticed and conducted on August 6, 1996, in accordance with said procedures; and WHEREAS, a Negative Declaration/Finding of No Significant Impact was issued by Caltrans and the City Council reviewed and considered the information in said document; and WHEREAS, the City Council of the City of Chula Vista, as "approving authority", has reviewed Caltrans's proposal to construct a portion of the Bayshore Bike Way within the Chula Vista Coastal Zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as follows: 1. The City Council hereby adopts the Negative Declaration/Finding of No Significant Impact issued by Caltrans in connection with the proposed project, dated May, 1995. 2. The City Council of the City of Chula Vista finds in accordance with Section 13311 of Title 14 of the California Administrative Code that the Caltrans proposal to construct the Bayshore Bike Way is in conformance with the certified Chula Vista Local Coastal Program because: a. The Certified Chula Vista Local Coastal Program provides for a bike route within the coastal zone. As outlined in the LCP, a bike path is used for off-street travel by bicycles and shall be a minimum of 8 feet in width. The proposed bikeway is consistent with those provisions. The route itself does vary slightly from the LCP's circulation element. As shown on Exhibit A, the bike route has been relocated about 400 ft. to the east from the SDG&E 150 ft. right-of-way to parallel the E Street off-ramp. No sensitive coastal resources are located adjacent to the proposed work. No filling of wetlands is proposed; therefore, no impact to sensitive wetlands or related habitat of wetlands will result from the project or the relocation of the route. b. The bike path will provide improved and safer bicycle access to the San Diego Bayfront, coastal resources, and coastal recreational opportunities. Resolution 18399 Page 2 c. There is an existing chainlink fence along the eastern portion of the Agency's property involved in Part A of the project. That fence will be relocated, but will remain. Current views of the bayfront, where they exist will not change. Part B of the project runs east/west and is adjacent to an off-raml~ abutment. Construction of the 100 ft. segment of the bikeway will not impair existing coastal views. 3. Statewide and regional interpretlye guidelines have been reviewed, and the proposed project is in conformance with the public access and public recreational policies of Chapter 3 of the Public Resources Code in accordance with Section 30604(c) of the Public Resources Code. 4. City Council hereby approves Coastal Development Permit No. 69 subject to Caltrans's: a. obligation to construct the project in accordance with the plans submitted and the project description in the Negative Declaration, b. compliance with the Conditions of Approval attached hereto and incorporated herein by this reference, and c. compliance with the terms and conditions of the Permit to Enter and related documents being approved by the Redevelopment Agency in connection herewith. Presented by Approved as to form by Chris Salomone Ann Moore Community Development Director Acting City Attorney Resolution 18399 Page 3 CONDITIONS OF APPROVAL 1. Construction activities shall be conducted during time periods approved by Federal Fish and Wildlife Service and in conformance with the certified Chula Vista Local Coastal Program. 2. Erosion control hydro-seed landscaping mix shall be approved by the Federal Fish and Wildlife Service. Resolution 18399 Page 4 F' Exhibit A Resolution 18399 Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of August, 1996, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone NAYES: Councilmembers: None ABSENT: Councilmembers: Horton ABSTAIN: Councilmembers: None Shirley~-I~rton, Mayor ATTEST: Beverly/~. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18399 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of August, 1996. Executed this 6th day of August, 1996. Beverly/t(. Authelet, City Clerk