HomeMy WebLinkAboutReso 1986-12523 RESOLUTION NO. 12523
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ISSUANCE OF A
COASTAL DEVELOPMENT PERMIT TO THE CITY OF
CHULA VISTA FOR THE REPAIR AND STRENGTHENING
OF THE PREVIOUSLY EXISTING FENCE AT THE
WESTERN END OF THE "D" STREET FILL AND TRIMMING
OF ALL VEGETATION OVER 18 INCHES IN HEIGHT WEST
OF THE FENCE
The City Council of the City of Chula Vista does hereby resolve
as follows:
WHEREAS, the City of Chula Vista Local Coastal Program (LCP) has
been certified by the California Coastal Commission; and,
WHEREAS, said LCP includes coastal development procedures determined
by the Commission to be legally adequate for the issuance of Coastal Develop-
ment Permits and the City of Chula Vista has assumed permit authority for the
Chula Vista Coastal Zone; and,
WHEREAS, a public hearing was noticed, and held on June 17, 1986,
in accordance with said procedures; and,
WHEREAS, the City Council of the City of Chula Vista, as the
"approving authority" has reviewed the emergency actions taken by the City
of Chula Vista to strengthen and repair the existing fence and trim all
vegetation over 18 inches west of the fence.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Chula Vista as follows:
The City Council of the City of Chula Vista finds, based on the
following findings, in accordance with Section 13311 of the California
Coastal Commission Administrative Regulations that the emergency actions
taken by the City of Chula Vista 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 Bayfront LCP.
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".
RESOLUTION NO. 12523
Page Two
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 Guidlines 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.
BE IT FURTHER RESOLVED that the City Council of the City of
Chula Vista hereby issues a Coastal Development Permit to the City of Chula
Vista for the emergency actions taken to repair and strengthen the
previously existing fence at the western end of the "D" Street Fill and
trim all vegetation over 18 inches west of the fence.
Pre~~ Approved as to form
Paul ~F. Desrochers (~,T'homas 'J. H~fr,~n
Community Development Director City Attorney/
PGD/RP/sc
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 17th day of~ June
19 ... 86 , by the following vote, to--wit:
AYES: Councilmembers Campbell, McCandliss, Cox, Moore
NAYES: Councilmembers None
ABSTAIN: Councilmembers None
AE~SENT: Counci lmembers Malcolm
M ity of Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 12523 ,and that the same has not been amended or repealed
DATED
~~'""~ : City Clerk
crlY OF
CHULA VISTA
SC-660