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HomeMy WebLinkAboutReso 1993-17036 RESOLUTION NO. 17036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NUMBER 16838 BY ADOPTING CALIFORNIA COASTAL COMMISSION'S JANUARY 15, 1993 ACTIONS ON THE CITY OF CHULA VISTA LOCAL COASTAL PROGRAM RESUBMITTAL NUMBER 8 AND ACCEPTING AND INCORPORATING MODIFICATIONS TO THE LAND USE PLAN AND THE GENERAL PLAN LAND USE ELEMENT, LAND USE CIRCULATION DIAGRAM, PARKS AND RECREATION ELEMENT, AND BAYFRONT AREA PLAN WHEREAS, City staff and consultants prepared Local Coastal Program Resubmittal Number 8, comprising the Land Use Plan and Specific Plan, for submittal to the City Council and California Coastal Commission for consideration; and, WHEREAS, the City Council approved Resolution Number 16838 on October 13, 1993 certifying the Final Environmental Impact Report on the Midbayfront Local Coastal Program Resubmittal Number 8 and Addendum thereto; Making Certain Findings; 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, Making Certain Findings of Fact, Adopting the Mitigation and Monitoring Program and Statement of Overriding Considerations for the Midbayfront Local Coastal Program Resubmittal Number 8; and, WHEREAS, the Local Coastal Program Resubmittal Number 8 was subsequently submitted to the California Coastal Commission ("Coastal Commission") for review, public hearing, and action; and, WHEREAS, on January 15, 1993 the Coastal Commission reviewed Local Coastal Program Resubmittal Number 8, held the public hearing, and approved Local Coastal Program Resubmittal Number 8 with minor modifications thereto, attached hereto as Exhibit A; and, WHEREAS, City of Chula Vista staff have reviewed the Coastal Commission modifications and determined that they are minor in content and acceptable; and, WHEREAS, acceptance of minor modifications does not create the potential for significant environmental impacts, and a California Environmental Quality Act exemption will be filed upon the City's acceptance of modifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine, and resolve: that Resolution Number 16838 by incorporating therein the proposed modifications thereto made by the California Coastal Commission in their actions taken at their meeting of January 15, 1993 on the City of Chula Vista's Local Coastal Program ("LCP") Resubmittal Number 8, and accepts and incorporates modifications to the Land Use Plan component of said .................. T ............. i '1 ~ Resolution No. 17036 Page 2 LCP, also an element of the City's General Plan, and other portions of the City's General Plan as follows: Land Use Element, Land Use Circulation Diagram, Parks and Recreation Element, and Bayfront Area Plan. Said modifications are attached hereto as Exhibit A as though fully incorporated herein. Presented by ~oi~rm b '~~ Chris Salomone Bruce M. Boogaard Community Development Director City Attorney l) Resolution No. 17036 Page 3 EXHIBIT A ~I'LY OF CHULA VISTA REVISED FINDINGS: LOCAL COASTAL PROGRAM AMENDMENT NO. 2-92 Suggested Modifications approved by the California Coastal Commission January 15, 1993 (March 1, 1993) MODIFICATIONS TO THE IAND USE PlAN 1. Phasin~ of Development. The following policy shall be added as new Policy LU.7.A: III.A.2.-Land Use Regulation Objectives/Policies, page III-9] Prior to the issuance of any coastal development permits for the Midbayfront development, the following conditions shall be satisfied: 1) A development agreement shall be accepted by the City which provides for the development of all visitor commercial uses, the Cultural Arts Facility, all parks and open space areas, and for the provision of all mitigation measures as described in the Environmental Management and Biological Resource policies of this plan. 2) Adoption of a phasin~ plan for the Midbavfront development by the City. Phasing of residential development shall occur in compliance with the requirements of Chapter VII of the Bayfront Specific Plan, Section B.2.b.6. 2. Permitted Uses. Policy LU.6.B. shall be revised to permit personal and limited business services as allowed uses in Visitor Commercial designated areas. Business services shall be deemed as ancillary support services which serve the travelling businessperson (i.e., copy centers, postal oufiets, etc.). [III.A.2.-Land Use Regulation Objectives/Policies, page III-5] 3. Minimum Landscape Requirements. The following policy shall be added as Policy LS.2.A:[III-C.6- Landscape Character and Function Objectives/Polices, page III-34] Landscaping shall be required to be provided in conjunction with all private development. Drought tolerant native or naturalizing plant materials shall be utilized to the maximum extent feasible. Landscaping for residential uses shall be required at a rate of 35% site coverage. Landscaping for commercial uses shall be required at a rate of 1S% site coverage. Landscape coverage shall include planted areas, decorative paving and water surface. 4. Nature Interoretive Center Parking. Policy RI.4.A. shall be revised to read as follows: [III-B.3-Roadway Improvement Objectives/Policies, page III-22] Public access to the Nature Interpre~ve Center shall be restricted shall be restricted to shuttle bus operations in order to minimize disturbance to the sensitive resources of the refuge. The access route shall be a controlled access, 20 foot roadway on the existing southern levee. This existing route has been integrated into the levee without undue impacts on the adjacent marshlands. A small public parking lot and bus shelter shall be provided in the Midbayfront at the entry to the National Wildlife Ill iT Resolution No. 17036 Page 4 Refuge. Supplemental parking will be provided in the landscaped SDG&E ROW in addition to the parking for park purposes required under Policy PK.2.A. 5. Parking: for Public Parks. Policy PK.2.A. shall be revised to read as follows: [III-B.6-Parking Objectives/Policies, page III-26] Public parking areas shall be provided for community parks. The parking areas shall be integrated into the open space areas close to the roadways, and, where possible, screened from view. With the exception of the National Wildlife Refuge, for which no separate parking is required, one parking space for every 10,000 square feet of park or accessible open space shall be provided. Parking for public parks shall be provided in areas signed and exclusively reserved for public park users. This restriction must be enforced during the operating hours of the public park. Public parks shall be open from dawn until 11:00 p.m. daily unless the operating hours are revised through the local coastal program amendment process. Afterhours parking will not be restricted and may be shared with private development in accordance with other parking policies in this specific plan. 6. Shared Parking. Policy PK.3.A. shall be revised to read as follows: [III-B.6-Parking Objectives/Policies, page III-26] Implementation of the "shared parking" concept shall be permitted where it can be demonstrated that the proposed mix of uses have predictable parking demands that do not significantly overlap. The methods and criteria set forth in shared parking published by the Urban Land Institute, shall be used to calculate the parking reduction permitted within a mixed-use project. No reduction shall be permitted without specific justification and no reduction in residential parking or public recreational parking shall be permitted. Any parking which is shared among uses shall be available for use during normal operating hours and shall not be reserved or otherwise restricted. Control of uses intending to use shared parking shall be by Conditional Use Permit, and shall require the execution of deed restrictions and other long term commiunents for the provision of parking. 7. Urban Runoff. Policy GD.I.B. shall be revised to read as follows: [III-D.4-Utility and Grading Design Objectives/Policies, page III-40] Because all drainage in the Chula Vista bayfront will drain directly to sensitive marsh habitat areas, special design criteria, including ~ttation of oils and sediments, shall be required to reduce problems of silting and oil or chemicals entering wetlands in storm water runoff. 8. Environmental Management. Policy EM. 1 .C. shall be revised to read as follows: [III-E.2-Environmental Management Objectives/Policies, page III-42] Habitat Restoration and Mana~rement Plan. To ensure an orderly/rod efficient implementation of the various restoration and enhancement features and actions specified for the Midbayfront, a comprehensive Habitat Restoration and Management Plan shall be prepared and approved prior to the initiation of development within the Midbayfront. Said Plan shall be the subject of a future Local Coastal Program amendment, which shall be certified by the Commission prior to the issuance of any coastal development permits for the proposed Midbayfront development. Crhe remainder of the policy is unchanged.) "1 !J Resolution No. 17036 Page 5 9. Environmental Management. Policy EM. 1 .D. shall be revised to read as follows: [IlI-E.2-Environmental Management Objectives/Policies, page III-43] Biological Resources Management Plan. Additional protection of the biological resources/n the Wildlife Refuge shall be provided by the preparation and implementation of a comprehensive Biological Resources Management Plan for the Midbayfront development. Said Plan shall be the subject of a future Local Coastal Program amendment, which shall be certified by the Commission prior to the issuance of any coastal development permits for the proposed Midbayfront development. The plan will address the following matters: (The remainder of the policy is unchanged.) 10. Environmental Management. The following policy shall be added to this section: [III-E.2- Environmental Management Objectives/Policies, page III-50] Policy EM.1.M. Additional Diking, Dredging: or Fillin~ of Wedand Areas. Diking, dredging or filling of weftand areas consistent with the provisions of this environmental management plan shall be limited to the specific projects incorporated into this plan for the creation of new or enhanced weftands areas. Mitigation for all disturbance of wedand areas shall be provided at the ration of 4:l of new weftand areas created to areas disturbed. No other diking, dredging or f~ling of weftands or other wet environmentally sensitive habitat areas shall be permitted without prior Coastal Commission approval through the Local Coastal Program amendment process. 11. Environmental Management. The following policy shall be added as EM.1.N: [III-E.2-Environmental Management Objectives/Policies, page III-50] Policy EM.1.N. Prior to the issuance of any coastal development permits for the proposed Midbayfront development, a funding mechanism for the maintenance, improvement and continued operation of the Nature Interpretlye Center incorporating a benefit assessment district or other long-term method of funding shall be implemented. Resolution No. 17036 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of March, 1993, by the following vote: YES: Councilmembers: Fox, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Horton ABSTAIN: Councilmembers: None Tim Nader~ t4ayor ATT ES T: BeverlY. Au~helet, 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. 17036 was duly passed, approved, and adopted by the City Council at a City Council/Redevelopment Agency meeting held on the 16th day of March, 1993. Executed this 16th day of March, 1993.