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HomeMy WebLinkAboutAgenda Statement 1986/06/17 Item 5 COUNCIL AGENDA STATEMENT Item 5 Meeting Date 6/17/86 ITEM TITLE: Public Hearing: Coastal Development Permit for the emergency actions taken by the City of Chula Vista, California to protect the endangered California least tern, consisting of strengthening and repairing the previously existing fence at the western end of the "D" Street Fill and trimming all vegetation over 18 inches in height west of the fence. Resolution 1D3 Authorizing the issuance of a Coastal Development Permit to the City of Chula Vista for strengthening and repairing the previously existing fence at the western end of the "D" Street Fill and trimming all vegetation over 18 inches in height west of the fence SUBMITTED BY: Community Development Director REVIEWED BY: City Manager 4/5ths Vote: Yes No X ) R Y 9 �� �t� The Chula Vista Bayfront Specific Plan was certified by the California Coastal Commission January 25, 1985. The Bayfront Specific Plan is the implementation program for the City' s Local Coastal Program (LCP) . The LCP includes coastal development procedures determined by the Commission to be legally adequate for the issuance of coastal development permits. Thus, the City of Chula Vista has assumed permit authority for the Chula Vista Coastal Zone. The measures taken by the City of Chula Vista to strengthen the existing fence and trim all vegetation over 18 inches in height west of the fence allowed by issuance of the coastal development permit are categorically exempt from environmental review pursuant to Section 15301 of the CEQA Guidelines under Class 1 (h) . Design review was not required as no new structures have been or will be constructed. The actions taken by the City of Chula Vista to strengthen the fence protecting the least tern nesting area and trimming of vegetation over 18 inches in height within the nesting area is now being presented to the City Council for a public hearing and approval of a coastal development permit. If the Council accepts the staff recommendation to issue a permit, the City' s action will become final 21 days from this hearing date unless an appeal is filed with the State Coastal Commission within 10 working days following the hearing. RECOMMENDATION: That the City Council adopt the attached resolution and findings therein which find that the emergency actions taken by the City of Chula Vista to strengthen and repair the previously existing fence at the western end of the "D" Street Fill and trim all vegetation over 18 inches high west of the fence are consistent with and adequate to carry out the policies of the certified Chula Vista Bayfront LCP and issue a coastal development permit for said actions. Page 2, Item 5 Meeting Date 6/17/86 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Emergency Coastal Development Permit #002 was issued to the City of Chula Vista by the Community Development Department on April 11, 1986. This permit allowed maintenance of the fence in the upland area (above approximately 5 feet mean sea level) and removal of vegetation over 18 inches tall. The attached figure (Exhibit A) shows the approximate location of the fence. Heavy duty posts (1-7/8 inch schedule 40 pipe, driven 3 feet) were placed between the previously existing light duty posts (1-1/2 inch) to strengthen the fence. Seven gauge spring-coil wire was placed at the top and the bottom of the fence to add strength. In addition, a new gate with 2-7/8 inch gate posts and a 1-7/8 inch frame using 9 gauge chain link was installed. A lock was placed on the gate and keys were provided to the U.S. Fish & Wildlife Service, California Department of Fish and Game, and the Port District. These actions were considered to be an "emergency" because failure to repair the fence could have resulted in least tern mortality from terrestrial predators and off-road vehicles. Removal of the vegetation over 18 inches high eliminated nesting sites and cover for predators within the fenced tern nesting area. To protect the City, a representative of the Fish & Wildlife Service was on-site for the vegetation trimming and fence improvements. Other permits required for the emergency actions were: 1) a Letter of Permission from the U.S. Army Corps of Engineers, and 2) an emergency coastal development permit from the Coastal Commission. The Letter of Permission from the Corps was required because strengthening and extension of the fence in tidal areas was required. This strengthening and extension was intended to prevent off road vehicles and terrestrial predators from gaining access to the least tern nesting area during low tide. In the tidal areas the 6-foot chain link fence was replaced by a 4-foot chain link fence with 2-7/8 inch posts supported by 2 foot cement footings and a 2-7/8 inch support welded horizontally between the posts which was placed at 20-foot intervals. In addition, Corps permission was required to remove a section of abandoned chain link fence located in the tidal area west of the D Street Fill. The emergency actions were triggered by the "Agreement Regarding Protection of the California Least Terns for the 1986 Nesting Season" signed by William Grauer representing the City of Chula Vista and Charles S. Crandal representing the U.S. Fish & Wildlife Service. The letter from the U.S. Fish & Wildlife Service, attached as Exhibit B, supports the urgency of the emergency actions that were taken to protect the terns. Based on the following findings, the emergency actions taken to repair and strengthen the fence and trim all vegetation over 18 inches high west of the fence are consistent with the policies of the certified Chula Vista LCP. i Page 3, Item 5 Meeting Date 6/17/86 1 . The emergency actions were consistent with Section 19.88.59 of the Chula Vista LCP which states in part "[O]n the proposed California least tern nesting island, the development of a vegetative cover is incompatible with the goal of nesting. Rather than covering by shrubs, the site will be contoured to assure a gentle runoff slope, with covering of the standard light colored sand and crushed shell mixture associated with tern nesting sites. No fences shall be constructed on the least tern island sanctuary, to minimize predation and all restoration or enhancement work shall be performed during months when the least terns are absent from the site". The area designated for use as the least tern island is located within the area west of the fence, so trimming of vegetation in that area was consistent with the provision above. As yet, final enhancement plans for the tern sanctuary have not been developed, so recontouring of the site and provision of new substrate were not undertaken. The fence that was repaired was outside of the area designated as least tern sanctuary. The fence is intended to protect the nesting area until a moat can be provided to prevent access by feral predators and vandalism by off-road vehicles. The trimming of vegetation and fence strengthening and repair were undertaken prior to least tern nesting consistent with the provision that restoration work shall be performed during months when the least terns are absent from the site. 2. The Statewide and Regional Interpretive Guidelines have been reviewed and the repair and strengthening of the fence and the trimming of vegetation over 18 inches high constitutes repair and maintenance. This action did not create intensification of use and, therefore, is not considered a new development under Section 30212(b) (5) of the Public Resources Code. Thus, this activity is not subject to the access requirement of new development. The repair and maintenance activities may, however, have an adverse impact on public lateral access to the shoreline during least tern nesting season. This is consistent with the exception to public access requirements in Section 30212 of the Public Resources Code which states that "Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1 ) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources. . .". The least tern nesting area would fall under the category of fragile coastal resources and as a result the fence improvements would be exempt from the public access requirements. FISCAL IMPACT: Cost to the Agency for the fence repair and addition was $4,100, and $850 for City crew and equipment. WPC 2307H tvi i he City Council of Chula Vista, California Dated S" ? ",0 a -.-°-_ti United States Department of the fnteri& ' i' FISH AND WILDLIFE SERVICE ' J. ' 0;3 =*!4*'.? LAGUNA NIGUEL FIELD OFFICE ; �.ch 3. 24000 Avila Road �Oii1Pli l f1�J Development Dept. Laguna Niguel, California 92656 April 10, 1986 City of Chula Vista _ 276 Fourth Avenue Chula Vista, California 92010 To Whom It May Concern: It is the opinion the Fish and Wildlife Service (FWS) , as expressed through the Agreement Regarding Protection of California Least Terns for 1986 Nesting Season signed April 4, 1986 by William E. Grauer for the City of Chula Vista and by Charles S. Crandall for the FWS, that actions must be taken to avoid harm to the birds during the 1986 nesting season. These activities must be completed prior to the eminent arrival of the California least terns, as delay would result in harm to the species from uncontrolled human access and off-road vehicle traffic. Technical assis- tance was provided to your staff by FWS biologist Ms. Sharon Lockhart on April 9, 1986. Sincerely, �®i�°�-/c?� �Cc; �+ie:Z>tom_. Nancy M. Kaufman Project Leader cc: NOAA, Washington, D.C. • EPA, San Francisco, CA NMFS, Terminal Island, CA EXHIBITS -X J . . ' . lk , 1 X �J.iOy.. 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