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HomeMy WebLinkAboutReso 1995-17811.I RESOLUTION NO. 17811 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO, 16838 (THE CITY OF CHULA VISTA CERTIFIED LOCAL COASTAL PROGRAM LAND USE PLAN) IN ORDER TO INCORPORATE MODIFICATIONS THERETO AS ADOPTED BY THE CALIFORNIA COASTAL COMMISSION ON FEBRUARY 9, 1995 FOR THE CITY OF CHULA VISTA CERTIFIED LOCAL COASTAL PROGRAM AMENDMENT NO. 12 WHEREAS, the City Council adopted Ordinance No. 2613 on November 22, 1994 amending the certified Chula Vista Local Coastal Program and Bayfront Specific Plan in accordance with Amendment No. 12 reclassifying 31.63 acres of the Inland Parcel, Subarea 4 from Industrial General to a Commercial thoroughfare land use district subject to Central Commercial with Precise Plan Modifying District pursuant to sections 19.36 and 19.56 of the Chula Vista Municipal Code; and, WHEREAS, Amendment No. 12 was submitted to the California Coastal Commission on November 17, 1994 and the California Coastal Commission staff, on December 2, 1994, accepted Amendment No. 12 as complete; and, WHEREAS, Amendment No. 12 was presented to the California Coastal Commission at a public hearing on February 9, 1995 and the Commission approved Amendment No. 12 subject to suggested modifications; and, WHEREAS, the City Council has considered, accepted and agrees with the California Coastal Commission's February 9, 1995 action and suggested modifications; and, WHEREAS, in order to fully adopt and implement the modifications proposed by the California Coastal Commission to Resolution No. 16838, as amended (the City of Chula Vista Certified Local Coastal Program Land Use Plan), it is necessary to amend such Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: SECTION I. Consistency with General Plan Findings The City Council does hereby find that the LCP, as amended by Amendment 12 and modified by the Coastal Commission on February 9, 1995, is consistent with the City of Chula Vista General Plan as amended. Resolution No. 17811 Page 2 SECTION II. California Coastal Act Findings ~': The City does hereby find that the subject Amendment #12 complies with Chapter 3, Coastal Resources Planning and Management Policies, of Public Resources Code, Division 20 in accordance with the following findings: The Inland Parcel is not located within the Chula Vista Bayfront. The Parcel is located approximately 1/2 mile (north east) traveling distance from the Bayfront's main, "E" Street entry. The land use designation of the Inland Parcel, therefore, will not directly affect Bayfront "coastal resource" planning. The Inland Parcel does not have access to coastal beaches, therefore, the change in land use destination will not affect such access. The Inland Parcel has no oceanfront land suitable for water-oriented recreational activities or coastal dependent aquacultural uses. A portion of the Historic Sweetwater River is located along a portion of the western edge of the Inland Parcel. This is considered potentially sensitive habitat and will be enhanced and protected when development occurs on the Inland Parcel. The proposed Amendment #12 is a change in land use only and will not affect the site's sensitive habitat designation or the site's sensitive habitat. The Inland Parcel is visible from the north (State Route 54), however, there are no coastal views or vistas from or to the Inland Parcel. The land use change will include a Precise Plan Modifying District which will require the F"~ development of specific design and land development criteria to ensure the visual quality of the Inland Parcel. SECTION III. Amendment of Local Coastal Plan. City Resolution No. 16838 "Resolution of the City Council of the City of Chula Vista Certifying the Final Environmental Impact Report on the Midbayfront Local Coastal Program Resubmittal No. 8 Amendment (EIR 89-08) and Addendure thereto, and Making Certain Findings with regard thereto; Amending the General Plan Land Use Element, Land Use Circulation Diagram and Parks and Recreation Element, and Bayfront Area Plan; adopting, on conditions, the Chula Vista Local Coastal Program Resubmittal Consisting of the Land Use Plan with the Changes Identified herein; and Making Findings of Fact, Adopting the Mitigation Monitoring Program and Statement of Overriding Considerations for the Midbayfront Local Coastal Program Resubmittal No. 8", originally adopted on October 13, 1992, amended by Resolution No. 17036 on March 16, 1993 and amended by Ordinance No. 2613 on November 22, 1994, is hereby amended to add the following to the end of "Subarea Development Objectives and Policies" under D. Subarea 4 - Inland Parcel (page IV of the Land Use Plan): Objective S6.A - The diking, dredging, or filling of wetland areas shall be permitted only where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been Resolution No. 17811 Page 3 provided to minimize adverse environmental effects, and shall be limited to the following permitted uses and activities: a. Nature study, aquaculture, or other similar resources dependent activities. b. Wetland restoration projects where the primary function is restoration of wetland habitat. c. Incidental public service projects. d. Mineral extraction, including sand for restoring beaches, except in environmentally sensitive areas. Policy S6 .A. 1 - A maximum of one Sweetwater River river crossing shall be permitted to provide access to the developable portions of the Inland Parcel. The crossing shall be designed as a bridge to minimize adverse impacts to the habitat value of the wetland corridor. All mitigation required shall be located on-site and contiguous with the existing wetland. Mitigation for any temporary disturbance or permanent displacement of identified resources shall be required at the following ratios. For wetlands, 4:1 replacement for impacted area and r/par/an resources, 3:1 replacement for impacted area. Open space preservation in perpetuity of sensitive resources area will also be required pursuant to an appropriate mechanism. No other diking, dredging or filling of wetlands or other wet environmentally sensitive areas shall be permitted without prior Coastal Commission approval through the LCP amendment process. Buffer zones of 100 feet in width shall be maintained around all identified wetland areas and 50 feet in width shall be maintained around all identified r/par/an areas, unless the applicant demonstrates that a buffer of lesser width will protect the identified resources, based on site- specific information. Such information shall include, but is not limited to, the type and size of the development and/or proposed mitigation (such as planting of vegetation or the construction of fencing) which will also achieve the purposes of the buffer. Development within the buffer zone shall be limited to construction of a pedestrian pathway within the upper half of the buffer with fencing or other improvements deemed necessary to protect sensitive habitat in the upper half of the buffer. The buffer shall be measured landward of the delineated resource. The California Department of Fish and Game and the United States Fish and Wildlife Service shall be consulted in such buffer determinations. Buffer zones shall be permanently protected as Resolution No. 17811 Page 4 open space through the use of deed restrictions or other appropriate mechanisms. Passive recreational uses are restricted to the upper half of the buffer zone. if the project involves substantial improvements or increased human impacts, such as a subdivision, a wider buffer may be required. Approv as to form by/~ Presented by ~/~ f~~ Bruce M. Boogaard Director Community Development City Attorney Resolution No. 17811 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 14th day of February, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None /'Z"~hirle~/~orton, 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. 17811 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of February 1995. Executed this 14th day of February, 1995. h Beverly 4. Aut elet, City Clerk I1]T