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HomeMy WebLinkAboutAgenda Statement 1987/06/23 Item 29 COUNCIL AGENDA STATEMENT Item 29 Meeting Date 6/23/87 ITEM TITLE: Public Hearing: Coastal Development Permit for the Division of Land for Conveyance of Property for Wetland Habitat Protection/Mitigation/Buffers to the County of San Diego and Thence to the California Department of Fish and Game Resolution '// , Authorizing the issuance of a Coastal Developmen Permit to Santa Fe Land Improvement Company for division of land for conveyance of property for wetland habitat protection/mitigation/buffers to the County of San Diego and thence to the California Department of Fish and Game, subject to the conditions in Attachment A SUBMITTED BY: Community Development Director REVIEWED BY: City Manager 9 t d (4/5ths Vote: Yes No X ) Santa Fe Land Improvement Company, owner of the property proposed for conveyance for wetland habitat protection/mitigation/buffers, would like to convey 148.493 acres of their property to the County of San Diego and thence to the California Department of Fish and Game. A permit for the proposed division of land is required under Section 19.92 of the Chula Vista Bayfront LCP, but the division is exempt from Environmental Review under CEQA pursuant to Sections 15307 Class 7, 15308 Class 8, 15313 Class 13, 15315 Class 15, 15317 Class 17 and 15325 Class 25(a) of the CEQA Guidelines. Also, parcel map requirements were waived in accordance with Section 66428 of the California Subdivision Map Act. RECOMMENDATION: That the City Council conduct a public hearing and consider the attached resolution, and findings therein, which finds that the proposed division of land for conveyance of property for wetland habitat protection/mitigation/buffers to the County of San Diego and thence to the California Department of Fish and Game, subject to the conditions in Attachment A, is consistent with and adequate to carry out the policies of the certified Chula Vista Bayfront Local Coastal Program and issue a Coastal Development Permit for said project. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable Page 2, Item 29 Meeting Date 6/23/87 DISCUSSION: The application applies only to the portion of the property located within the City's permitting jurisdiction. That property constitutes only a portion of the total + 178 acres that Santa Fe Land Improvement Company is proposing to convey to the County of San Diego. Exhibit A shows the 148.493 acre property proposed for division under this permit action. Based on the following findings, and subject to the conditions listed in Attachment A to the resolution, the proposed division of land for conveyance of property for wetland habitat protection/mitigation/buffers to the County of San Diego and thence to the California Department of Fish and Game, is consistent with the policies of the certified Chula Vista Bayfront LCP: 1 . The property proposed for division is zoned for wetland and buffer use. Section 19.84.11 of the Specific Plan details the allowable uses in that zone as "Restoration or enhancement of wetland areas, with development or construction limited to interpretive facilities which will preserve natural resource or habitat values. " The proposed division would not allow any uses other than those detailed in Section 19.84.11 . Further, no development beyond the division of 148.493 acres for conveyance is being applied for at this time. 2. Consistent with Section 19.86.08 of the Specific Plan the improvements within the buffers will be considered in a separate permit. The application currently under consideration would not preclude the development of the buffers consistent with the LCP requirements. 3. The proposed division of land for conveyance is consistent with the objective in Section 19.88.01 of the Specific Plan that mitigation LCP hat landhedevelopmentnand of protection asures into will the L complementary. 4. Division of the property for conveyance will allow continued planning of the wetland buffers on the D Street Fill , Midbayfront, and Gunpowder Point. The evaluation of the consistency of buffer design with the certified LCP will be addressed in a subsequent permit review. 5. As a Condition of Approval , consistent with Section 19.88.05(b) of the Specific Plan, easements across the buffers and within E Street Marsh and Vener Pond are reserved for the planned wetland restoration unless resolution of the litigation (Sierra Club v. Marsh) provides alternative easements which are acceptable to the City, and which would have to be approved pursuant to an amendment to this permit. Page 3, Item 29 Meeting Date 6/23/87 6. The conveyance of the 148.493 will partially satisfy 19.88.54 of the Specific Plan which requires that ".. .all presently privately owned property within the Sweetwater Marsh complex (consisting of approximately 188 acres) will be given in fee title to the Department of Fish and Game. A more precise calculation of the property has resulted in a revised acreage total of 178 rather than 188 acres. The remainder of the privately owned property within the Sweetwater Marsh complex (4 30 acres) is within the Coastal Development Permit jurisdiction of the—California Coastal Commission. Section 19.88.58 further requires that "This 188-acre property may not be reconveyed to any other person, governmental agency, association, other noi requirement included d Attachment A whi ch deti l s the Conditions of Apprval for granti ng the permii tforthe proposed division. Section 19.88.54 also requires that "In cooperation with the State Coastal Conservancy and the Bayfront Conservancy Trust, which will be created jointly by the City of Chula Vista and State Coastal Conservancy consistent with the Environmental Management Plan, and consistent with the provisions of the Chula Vista Bayfront Local Coastal Program, Department of Fish and Game shall prepare a management plan for the 188-acres in its ownership. " It is further clarified that the management plan shall constitute a development pursuant to section 19.92.02 and as a result will require a separate Coastal Development Permit. 7. Consistency with the requirements of Section 19.88.59 of the Specific Plan will be assessed when a management plan for the property is submitted by the Department of Fish and Game. Issuance of the proposed permit for division of the property will facilitate the transfer of the property which will trigger formulation of a management plan. 8. Public access to Gunpowder Point, consistent with Section 19.90.02 6. shall be protected by the Condition of Approval requiring the retention of the public access easement to Gunpowder Point. 9. The proposed division of land for conveyance to the Department of Fish and Game is consistent with the objective on page III-3 of the Bayfront Land Use Plan which states that "The existing saltwater marshes, ponds, and manyl ats natural values of the enhanced habitats andao appropriate contribute to protect visual many natura quality of the Bayfront." 10. The designated land uses for the property proposed for division are wetlands and wetland buffers: These terms are defined on pages III-7 and 111-8 l o of the bl a Bayfront l andouses Land will Use remain consistent gwii division with thoseooutl outlined property, ii n the the allowable Bayfront Land Use Plan. 11 . Easements for access/circulation improvements are reserved as Conditions of Approval consistent with the Circulation Objectives and Circulation Element of the Bayfront Land Use Plan. /37/ Page 4, Item 29 Meeting Date 6/23/87 12. Utility and maintenance easements shall be maintained to allow for the utility systems identified in the Utility Systems Element of the Land Use Plan. 13. The proposed E Street Marsh buffer is required to be relocated east of the planned E Street Marsh enhancement area to bring the division of land into consistency with the Environmental Management Element of the Bayfront Land Use Plan (see Figure 11 ). 14. The development of the buffer areas will be the subject of a subsequent Coastal Development Permit review. The ability of the City to implement the provisions of the Bayfront Land Use Plan regarding buffer implementation will not be affected by the approval of a permit for division of the property. FISCAL IMPACT: Not applicable. WPC 2964H t', of o ;a Dated ? 1'._ /7 .47