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HomeMy WebLinkAboutReso 1990-15762 RESOLUTION NO. 15762 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ISSUANCE OF COASTAL DEVELOPMENT PERMIT #046 TO THE CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND ROHR INDUSTRIES FOR THE INSTALLATION OF FENCING AND GUARD RAIL IN THE MIDBAYFRONT SUBJECT TO THE CONDITIONS OF APPROVAL IN ATTACHMENT A The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the proposed project is exempt from environmental review under the California Environmental Quality Act (CEQA) guidelines pursuant to Section 15303 Class 3(e); and, 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 August 7, 1990, in accordance with said permitting procedures; and, WHEREAS, the City Council of the City of Chula Vista, as approving authority, has reviewed the proposal for installation of fencing and guard rail in the Midbayfront. 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 installation of the fencing and guard rail 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 fencing and guard rail will limit the place and manner of public access as provided for in Section 30214. This will protect Resolution No. 15762 Page 2 wetl and habi tat and private property rights until the property planned for public park use in the certified LCP is dedicated to the City. At that time valuable habitat will be protected and buffered and public access opportunities will be provided. b. The proposed project will not foreclose the opportunity for use of the Bayfront for water oriented recreational activities consistent with Section 30220. c. The proposed project does not include development of oceanfront land that is suitable for coastal dependent aquaculture, consistent with Section 30222.2. d. Consistent with Section 30221, the proposed project does not contemplate the use of oceanfront land suitable for recreational use for other types of development. e. The proposed fencing and guard rail installation does not propose to utilize private lands suitable for visitor serving commercial recreational facilities for other purposes, consistent with Section 30222. f. The proposed project does not propose to develop upland areas necessary to support coastal recreational uses for other purposes, consistent with Section 30223. g. 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 fencing and guard rail are sited to prevent impacts which could significantly degrade the adjacent areas. The fences and guard rail are located in upland areas to minimize any potential impacts on wetland species. 3. The implementation of the fencing and guard rail will not preclude implementation of the certified LCP. The fencing and guard rail are an effort to minimize unauthorized dumping in environmentally sensitive habitat areas until the 11.5 acre Rohr property is developed and the properties west of Marina Parkway area are developed as parks and open space consistent with the certified LCP. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby issues Coastal Development Permit ~046 for the install ation of fencing and guard rail in the Midbayfront subject to the Conditions of Approval in Attachment A. Presented by Appn ved as to rm by Chrls ~a~omone Boogaard Community Development Director City Attorney Resolution No. 15762 Page 3 ATTACHMENT A CONDITIONS OF APPROVAL 1. The +500 linear feet of chain link fence on the Rohr property shall be tempFrary. The permanent solution for security of the site (if needed) and protection of adjacent wetlands shall be addressed when a Coastal Development Permit is considered for the development of the Rohr Industries ll.5-acre property. 2. The chain link fence shall be green vinyl clad to minimize the adverse aesthetic impacts associated with installation of chain link fence. 3. The proposed color for the guard rail shall be approved by the Planning Department Design Review staff prior to installation. The proposed color shall be consistent with the natural earth tones of the existing environment. Resolution No. 15762 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of August, 1990 by the following vote: AYES: Councilmembers: Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm, McCandliss ABSTAIN: Councilmembers: None Cox, M ATTEST: 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. 15762 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 7th day of August, 1990. Executed this 7th day of August, 1990. ~e~riy 'A'~'~uthe~e~,"Ci~y Cierk