HomeMy WebLinkAboutReso 1985-11903
RESOLUTION NO. 11903
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE FINAL DRAFT OF THE
BA YFRONT SPECIFIC PLAN AND AUTHORIZING THE
SUBMISSION OF THE BAYFRONT SPECIFIC PLAN
follows:
The City Council of the City of Chu1 a Vi sta does hereby resolve as
WHEREAS, the Bayfront Redevelopment Land Use Plan, part of the Local
Coastal Plan process, was approved by the State Coastal Commission on
March 27, 1984, and concurred in as to findings of the State Coastal
Commission on September 26, 1984; and
WHEREAS, in order to allow the City to issue permits for construction
in the coastal zone, the Coastal Commission must first certify a Bayfront
Specific Plan, otherwise known as an Implementation Plan; and
WHEREAS, the Implementation Plan must be consistent with the Land Use
Plan of this coastal zone; and
WHEREAS, the proposed Speci fi c P1 an mi rrors the previ ous1y approved
Land Use Plan; and
WHEREAS, the attached Exhi bi t A entit1 ed "Errata" is incorporated
herein as if fully set forth.
NOW, THEREFORE, BE IT RESOLVED THAT the Ci ty Council of the Ci ty of
Chu1 a Vi sta does hereby adopt the fi na1 draft of the Chu1 a Vi sta Bayfront
Speci fi c Plan as its offi ci a1 Specific P1 an for the Bayfront and hereby
authorizes submission of this Bayfront Specific Plan to the State Coastal
Commission.
Presented by
~
Pa . esroc ers
Community Development Director
to form by
WPC 1380H
Vii I VI \JIIUL."'" .,"""'" I
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 24th
19 85, by the fOllowing vote, to-wit:
day of
January
AYES:
NAYES:
ABSTAIN:
ABSENT:
Councilmen
Cox, Malcolm, McCand1iss, Scott, Moore
Councilmen
Councilmen
None
None
Councilmen
None
lr ^ \ Ii ex
Mayor ~f t~ City of
. /)
ATT~~;/ ??;~
City Clerk .
Chula Vista
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, Californ
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 11903
,and that the same has not been amended or repeall
DATED
(sea )
City Clerk
CC:-6.60
E X H I BIT "N
ERRATA
January 9, 1985
REVISIONS TO CHULA VISTA LAND USE PLAN
The City of Chu1a Vista recognized the following technical inconsistencies
between the adopted Land Use Plan (LUP) for the Bayfront and the submitted
Specific Plan (SP) for the Bayfront.
Specifically, changes to the Specific Plan document to conform to the Land
Use Plan are as follows:
LAND USE PLAN
SPECIFIC PLAN
Building Heights
Reference:
Fi g. 5, p. 111-7
Map 2, p. 22.
Change to reflect the text and
illustration as shown in the LUP.
Delete
Secti on
p. 23.
special condition #2 of
19.85.01 - Building Height.
Ci rcul ati on
Reference:
Chapter III, p. 17
"A secondary access
of the levee. . ."
. . .
Fi gure 8, Section 61, p. 33.
Delete ~hrase "or asphalt
required.
Add to Section 19.86.05 - On site
~arking, p. 27. The sentence
Reference is made to Section
19.91.02, p. 73 and said provisions
shall apply to this section al so."
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January 9, 1985
Page Two
LAND USE PLAN
Figure 6
Circulation Element
Chapter III, p. 11
SPECIFIC PLAN
(Continued)
Ref: Map 3 Circulation, p. 26
Delete reference to the Tidelands
Avenue - Hwy 54 offramps.
Environmental Management
Ref: Chapter III, p. 25 -
Existing Conditions, "The
marshlands wlthln . . . project."
Ref: Chapter II, p. 5 -
"OWnership and responsibility...
management program." "Wi thi n the
Ci ty. .. management program."
Chapter III, p. 28 - "Basic
Environmental Management
Objectives," Subsection 1,
Subsection 2, and Subsection 3.
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Ref: Section 19.88.03 - Subarea
1-D Street Fill Envi ronmental
Mãñ'agement Provision, subsection a,
p. 4U. Map 6, Environmental
Management, p. 41. Figure 9,
Wetland Buffer Design, p. 43.
100' buffer to include the water
barrier. Map 6 to show the
combi nati on.
Ref: Section 19.88.05 - Subarea 3 -
Midbayfront subsection b, p. 45.
Add as a separate paragraph The
marshlands within. . . project."
Ref: Section 19.88.53 - Mana~ement
Goals and Objectives, subsectl0n z,
p. 49. Add the following words to
the existing clause: "Create and
fund the Chula Vista Bayfront
Conservancy Trust to jointly
receive and hold dedications of
land with the State of California,
Department of Fi sh and Game;. .. ."
Land Use
Ref: Section 19.84.50 - Interim
Uses, p. 21. Add the sentence:
"4. This does not apply to
wetlands, buffers, and
environmentall~ sensitive
habitat areas.
January 9, 1985
Page Three
LAND USE PLAN
SPECIFIC PLAN
Land Use (Continued)
Ref: Chapter IV, p. 13.
Subarea 6 - Southern and Inland
Parcels, SOuthern Parce1,·..·lhe
southern. . . is vacant.
Ref: Section 19.82.37 - General
Industrial Activities, p. lU and
Appendix A. Use Classification
System - Administrative Guidelines,
~. lU. Add the use classification:
Utility and Vehicular" as listed
in Appendix A, p. 10, to Section
19.82.37 as subsection(d) "Utility
and Vehicul ar.·
Gunpowder Poi nt
Ref: Fi gure 15
Gunpowder Point Hotel Illustrative
Plan, Chapter IV, p. 5. Subarea 2
~owder Point, item 3. "Parking,"
Chapter IV, p. 3.
Ref: Map 10 - Gunpowder Point Hotel
Illustrative Plan, p. 63.
Change 4 in legend to read: "Hotel/
conference parking limited to 220
surface spaces, 440 overall."
Mi d-Bayfront
Ref: Map 11
Mid-Bayfront S~ecific Design and
Development GUldellnes, p. bb.
Ref: Figure 16
Mid-Bayfront Specific Design
and Development Guidelines,
Chapter IV, p. 7.
Ref: Chapter VI, p. 1
Implementation.
PGD:DZ:as
WPC 1377H
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Change to Fi gure 16, Mi d-Bayfront
Specific Design and Development
Guidelines, Chapter IV, p. 7. Note
as Map 11 in SP.
Zoning
Ref: Section 19.07.035 - Specific
Pl a~s . Supersedence of Zoni n~
Deslgnatlons. Delete: "... an
other procedures of Sections 19.92
and 19.93." Repl ace wi th ". . .
and other procedures incorporated
in Section 19.92.01 et seq. of this
document. "
Exhibit A
Errata
The City of Chul a Vista, hereby amends the Specific Plan and Subdivision
Ordinance relative to the Implementation Plan for the Bayfront with the
following changes.
1. Environmental Organization and Administration.
A. Page 49: Section 19.88.53
1. Maintain, restore, and enhance wetland and upland habitat areas
in a biologically productive state on a permanent basis
consistent with applicable LUP provisions and technical advice
by the State Coastal Conservancy, Department of Fish and Game,
and U.S. Fish and Wildlife Service.
2. Create and fund the Chul a Vi sta Bayfront Conservancy Trust to
recei ve and hol d dedi cati ons of 1 and other than those made to
Department of Fish and Game pursuant to Section 19.88.54; engage
in restoration, enhancement, and preservation of Sweetwater
Marsh complex natural resources; and increase publ ic knowledge
of and support for natural resource conservation, including
through an active educational program. Within one year after
effective certification of the Bayfront LCP, sufficient funds
shall be made available to and by the Bayfront Conservancy Trust
to meet the requirements of Sections 19.88.58 and 19.88.59.
B. Page 49: Section 19.88 54 - Dedications of Land.
Consistent with the Bayfront LCP Land Use Plan, 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. This 188-acre property may not be
reconveyed to any other person, governmental agency, association, or
other party. In cooperation with the State Coastal Conservancy and
the Bayfront Conservancy Trust, which will be created jointly by the
City of Chula Vista and the State Coastal Conservancy consistent with
the Environmental Management Plan, and the State Coastal Conservancy,
and consistent with the provisions of the Chula Vista Bayfront Local
Coastal Program, the Department of Fi sh and Game shall prepare a
management plan for the 188-acres in its ownership. Such management
plan shall constitute a development pursuant to Section 19.92.02 and
shall meet the requirements of Section 19.92.93. Following approval
of the management plan for the 188-acre property, it shall become an
element of the Bayfront Environmental Management Plan.
Delete remainder of paragraph.
R-11903
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C. Page 50. Section 19.88.55 - Bayfront Conservancy Trust Adminis-
trative Organization and Functions
(a) The Bayfront Conservancy Trust will be governed by a ten-member Board
of Directors which will consist of: (1) the Mayor of Chula Vista or his/her
designee, who will also be the Chairman; (2) a representative of the San Diego
Unified Port Di strict; (3) a representative appointed by the County of San
Diego Board of Supervisors; (4) a representative of the private land ownership
north of "G" Street within the Coastal zone; (5) a representative of the
Educational Community from the field of environmental sciences; (6) a
representative of an environmental organization; (7) appointee of the State
Coastal Commission; (8) appointee of the State Coastal Conservancy; (9)
appointee of the Chula Vi sta Ci ty Council, ci ti zen-at-l arge, and (10) a
representative of the Department of Fish and Game (for purposes of advising
the Bayfront Conservancy Trust on management of wildlife habitat not contained
within the l88-acre property).
Special provisions apply to the following numbered seats:
(4) At the time when special improvement districts are formed in the subject
area, a representative of the collective ownerships will be selected on an
election basis supervised by the City of Chula Vista.
(5) At the direction of the Chairman, representation will be on a two-year
rotati on basi s through a request to the Chancell or of the Uni versi ty of
California, San Diego or the President of San Diego State University.
(6) The Chu1a Vista City Council will select, on a two-year rotation basis, a
representative from a regionally recognized organization whose aim is the
protection and conservation of the natural environment.
(7) (8) and (10) Those appointed need not be members of the State Coastal
Commission, State Coastal Conservancy, or Department of Fish and Game
respectively.
(b) The Bayfront Conservancy Trust shall be organized as a non-profit
organi zati on under the laws of the United States and Cal iforni a, and shall
adopt byLaws in accordance therewith and with the management goals and
objectives set forth in this Environmental Management Plan. On January 1 of
every year, the Bayfront Conservancy Trust shall, in addition to any other
reports required by law, submit an annual report for the year preceding to the
City Council of Chula Vista on the status of implementation of the Bayfront
,LCP, including acreage of habitat areas restored, enhanced, and protected; a
count of wildlife, including endangered species, util izing the Bayfront; a
full accounting of the Bayfront Conservancy Trust's past-year and coming-year
budgets; and recommendations for the improvement of the Bayfront Environmental
Management Program. The State Coastal Conservancy has agreed to provi de
technical and organizational support to assist in the formation of the
Bayfront Conservancy Trust.
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D. Page 51 Section 19.88.57 - Program Definition
The implementation of the actions identified above are based on
commitments or requirements contained in the Chula Vista Bayfront
Redevelopment Plan, BayfrontlCP Land Use Plan, and the Corps of
Engineers and CalTrans Consistency Determination CD-18-82. The
annual assessment provi ded by Section 19.88. 56( a) shall be sufficient
to fully fund the annual operations and maintenance costs of the
Sweetwater Marsh and Upland Habitat Program, as provided by Sections
19.88.58 and 19.88.59, without incurring costs to the California Fish
and Game Preservation Fund. This funding shall be provided
permanently on an annual basis.
The Bayfront Conservancy Trust, working in close cooperation with the
State Coastal Conservancy, Department of Fish and Game, and other
agencies that have an interest in the wetlands and other natural
resource values of the Bayfront, shall prepare a detailed and
implementab1e Bayfront Management Plan. The element of the Bayfront
Management Plan for the 188 acre property in the Sweetwater Marsh
complex to be transferred to and owned by the Department of Fish and
Game shall be prepared by the Department as provided in Section
19.88.54. The Bayfront Management Plan initial restoration and
clean-up at a minimum shall consist of the following.
E. Secti on 19.88.59
Pg. 52 Wildlife Habitat Restoration and
Enhancement
Replace entire section with the following:
The staff of the State Coastal Conservancy has agreed to the City of Chula
Vista's request that the Conservancy assume the lead role of preparing and
coordinating preparation of the detailed wildlife habitat restoration and
enhancement plan for the Bayfront. The plan ·shall, consistent with all
applicable provisions of the Land Use Plan and Specific Plan, contain but
not be limited to the following components and incorporate the following
criteria, standards, and objectives.
1. Cri teri a
Restoration (i.e., reestablishment) and enhancement (i.e., increase
in density or diversity) of coastal habitats associated with the Chul a
Vista Bayfront Specific Plan involve the intentional planting of
habitat-specific native plants in their appropriate ecological settings.
Passive recovery )s a minor aspect of the proposed restoration.
The objective of restoration and enhancement for the several areas
involved in the Bayfront Specific Plan is to replace non-native vegetation
with native plants or substrate associations, which are of greater use to
a wi der range of native, particu1 arly coastal dependent, animal s. As a
result, a reduction of erosion and increased biological productivity will
be achieved. Preliminary site- and species-specific aspects of the
Bayfront habitat restoration and enhancement plan are discussed below.
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2. Coastal Salt Marsh
The restoration of Coastal Salt Marsh habitats will involve (1) the
restoration of tidal action to presently non-tidal areas; (2) the
production of transplantable-sized plant propagules either by nursery
growing or translocation; (3) planting the various plants at
species-appropriate densities and elevations; (4) monitoring of the rate
of success of re-seeding efforts, stolon advance or stem-rooting; and (5)
repl acement or i nvesti gation and remedi al acti on to achi eve recovery of
problem sites.
The plants to be included in this restoration will be Sa1icornia
virginica, S. sUbtermina1is, S. bigelovii, Spartina fo1iosa, Suaeda
esteroa, Distichlis spicata, Monanthochloe littoral is, Triglochin
maritima, Jaumea carnosa, Limonium californicum and Batis maritima.
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Coastal Salt Marsh restoration sites on the Bayfront are:
a. the east side of Vener Pond (by the Corps of Engineers);
b. the southside of the "E" Street Marsh (by the Corps of
Engineers);
c. the west and east sides of the "F_G" Street Marsh (by the
Bayfront Conservancy Trust/ State Coastal Conservancy);
d. the 9.6-acre channel east of the least tern sanctuary on the "D"
Street Fill (by CalTrans); and,
e. levee removal as part of Tidelands Avenue extension ( by.
CalTrans and the City of Chula Vista).
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The excavated channel at the least tern island sanctuary shalll
conform to Section H, page 111-30 of the certified Bayfront Land Use Plan
and shall be designed to utilize tidal flushing to maintain channel depth,
to minimize maintenance requirements, and to provide an adequate barrier
against access to the island by humans, dogs, and cats.
3. Freshwater Marsh Habitat
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The restoration of Freshwater Marsh is to be accomplished with
freshwater runoff collected sites in the vicinity of the F & G Marsh.
The plants involved with creation of this habitat include Scirpus
acutus, S. olneyi, Junclls acutus, J. balticus, Typha dominguensis, T.
1 arifo1 i a and El eochari s marcostachya.
Open water habitat is an important aspect of Freshwater Marsh
development, especially if water fowl use is to be encouraged. Some
excavating for open water deeper than 4 feet will be useful to avoid Typha
inundation. Use of the siltation basin will require periodic maintenance
of this habitat to remove accumulated sediments.
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Freshwater Marsh restoration on the Bayfront will occur:
a. on the north side of "F" Street, including at the siltation
basin site (by the Bayfront Conservancy Trust); and,
b. on the south side of the uF -G" Street Marsh (by the Bayfront
Conservancy Trust. )
4. Upland Habitat
(a) Maritime Sage Scrub: Gunpowder POint/Vener Farms:
The upland habitat is associated with Maritime Sage Scrub, a
community including Artemisia Ca1ifornica, Eriogonum fasciculatum, Isocoma
veneta, Encelia californica, Mimulus puniceus, Dudleya edulis, Frankenia
palmeri and Lycium californicum.
Restoration of this conununity will require removal of upland debris
at various locations on Gunpowder Point and the mainland agricultural fields.
Most of thi s debri s is agri culture-associated and some re-contouri ng of the
land will be required. Re-seeding, using hydro-mulches, is the most effective
means of establishing the basic foundation plants.
Selected planting of lfner- or container-grown plants will be the
chief means of creating habitat diversity within the main vegetation
foundation.
Timing of the planting is important to ensure that no long season
irrigation is needed and that ambient rainfall IS well utilized.
(b) Least Tern Nesting Island: liD" Street Fill:
On the proposed California least tern nesting island,
the development of a vegetative cover is incompatible with the goal of tern
nesting. Rather than covering by shrubs, the site will be contoured to assure
a gentl e runoff slope, with coveri ng of the standard 1 i ght 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
1 east terns are absent from the site.
5. Tidal Flow Augmentation
The natural flow of tidal waters into the F & G Marsh and Vener Pond
has been retarded by the placement of road crossings.
(a) F & G Marsh-Tidelands Avenue crossing:
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The realignment of Tidelands Avenue in this area would allow
excavation and replacement with a larger culvert that would permit greater
flow of tidal water into and out of the marsh. Utilization of a 3-foot
diameter pipe is expected to retard flows by only one-half hour. Carefully
placed protection of the pipe ends may be necessary to prevent erosion.
(b) Tidelands Avenue northerly extension over the (former)
Sweetwater River channel:
The partial removal of existing railroad levees at this site, and their
rep 1 acement as roadway foundati on by pi 1 i ngs, may increase ti da 1 flows. The
Corps of Engineers has agreed to provide facilities to transfer adequate
amounts of freshwater from the Sweetwater flood Control Channel to the
Sweetwater Marsh down the former Sweetwater River Channel.
(c) Gunpowder Point - South Causeway:
The small corrugated pipe culvert through the south dike that
connects Vener Pond with Vener ("E". Street) Marsh shall be removed and
replaced with a water control structure that will facilitate the management of
water in Vener Pond.
Detailed engineering is being completed by the City of Chula Vista
for this principal access to Gunpowder Point on the existing levee road. Less
than one acre of fill is permitted for the roadway, but excavation below lower
tidal limits may be required for placement of a property-sized water control
structure to provide tidal flow into Vener Pond and assure salinity levels
comparable to San Diego Bay waters provided such restoration is determined in
consultation with the Department of Fish and Game to be the preferred
alternative. All construction of the roadway and excavation for the water
control structure should be performed from the existing causeway with
construction materials to be stored in the Midbayfront. Detailed engineering
studies should be performed to determine the required diameter and exact depth
of location of the new water control structure. Both sides of the levee
should be screened with landscaping to reduce disturbance to marsh and water
birds.
(d) Gunpowder Point - North Emergency Access Causeway:
Detailed engineering studies by the Corps of Engineers shall be
performed to determi ne the appropri ate si ze and el evati on of the exi sti ng
levee and new culvert. All construction of this emergency roadway should be
performed from the exi sti ng causeway and constructi on materi a1 s shoul d be
stored in the Midbayfront.
6. Fencing and Berming
To maintain the existing and restored integrity of natural areas in
the Bayfront, fences and berms are required by the Bayfront Specific Plan and
certified Land Use Plan, as follows:
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a. the 188-acre Sweetwater Marsh mitigation site for the Sweetwater
Channel/Route 54 project shall be fenced and bermed as provided by Section "I"
of the LUP (at 111-32, "Hidden fence at Gunpowder Point");
b. the "F-G" Street Marsh shall be fenced and bermed as provided by
Section "0" ("Typical Soft Edge Detail at Detention Pond", LUP at IV-8); and,
c. the 100-footwide wetland/habitat area buffers shall be fenced
and bermed by the City of Chula Vista and Corps of Engineers as provided by
Section "I" ("Hi dden Fence at Gunpowder Poi ntH, LUP at II 1-32) so as to limi t
all human and domestic pet access to Sweetwater Marsh, Vener Pond, and "E"
Street Ma rsh.
7. Trails and Interpretive Features
a. Pedestrian and bicycle trails shall be placed at the upland edge
of buffer zones away from the marsh and shall be designed and constructed by
the City of Chula Vista and the Corps of Engineers as provided in LUP Sections
F (111-16), H (at III-30), I (at 111-32), J (at 111-34), K (at 111-35), L (at
111-35), and M (at 111-36).
b. The Interpretive Center at Gunpowder Point shall be designed,
located, and constructed by the City of Chula Vista and the State Coastal
Conservancy consistent with Figure 5, (Building Heights, 2 story maximum), LUP
Figure 11 (following 111-28), and Figure 15 (at IV-4 and IV-5). The
Interpretive Center shall be located away from the northeast and northwest
corners of Gunpowder Point with a minimum setback of 100 feet from Sweetwater
Marsh or Vener Pond. The Center shall be available for public use and shall
include adequate space for exhibits and other wetlands interpretative
materi al s, a meeting room that accommodates at 1 east 75, office space for
Bayfront Conservancy Trust staff, and appurtenant facil i ties such as
restrooms, telephones, showers, etc.
c. This subsection provides wildlife habitat restoration and
enhancement standards and objectives for the 188-acre Sweetwater Marsh
mitigation property (that is required to be dedicated to the Department of
Fish and Game) in addition to the requirements of the Bayfront Land Use Plan
and other applicable sections of the Bayfront Specific Plan.
The principal restoration and enhancement goals for the 188-acre
Department of Fish and Game property shall be the maintenance and enhancement
of wetland habitat. The Sweetwater Marsh complex shall be maintained,
restored, and enhanced as a complex of marsh habitats that include freshwater,
brackish, and saltwater marshes. Water control facilities necessary to
achieve habitat protection, restoration, or enhancement and/or wetland
maintenance and monitoring activities may be permitted consistent with the
applicable sections of the Bayfront LCP.
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F. Pg. 53
Section 19.88.60 (e) and (g) shall be revised as follows:
e. Emergency Storm Damage Repair
(1) San Diego Bay shoreline; no permanent placement of rock
revetments shall occur in areas where such pl acement woul d
result in impacts to existing habitat values.
(if) Trail erosion; no impacts to existing habitat values will
occur.
(1ii) Sweetwater Marsh complex tidal circulation.
g. Offshore
(i) Removal of Derelict ships (by Port of San Diego)
(ii) Removal of rubble exposed on tidal flats and replacement of
beach materials in a manner which assures that the total amount
of tidal mud flat habitat shall1 not be reduced.
E. Pg. 53
New subsection 19.88.63.
The wildlife habitat restoration and enhancement plan to be developed
pursuant to subsection 19.88.59 shall be developed prior to issuance
of any permit for development within the 100-foot-wide protected
habitat buffer areas required by the LCP.
2. Use Classifications and Permitted Uses. Pgs., 9, 19, 11, 12
Use classification provide generic groupings for ease of consideration and
communication. They are supplemented by the Administrative guidelines
(Appendi x B), which 1 i sts uses by common name wi thi n each groupi ng to
facilitate understanding of the classifications. Any use not included in
the generic grouping or corresponding administrative guideline appendix or
under Section 19.84 can be allowed only after amendment of the LCP to
include the use.
Sections 19.82.36, 19.82.37, 19.82.50, 19.82.53, and 19.82.55 shall have the
following phrase deleted:
"They al so i ncl ude accessory uses thereto."
Pg. 17 19.84.03 Landscaped Parking
Add: Utility Transmission Systems.
3. Pg. 21 Permitted Land Uses and Interim Uses. Section 19.84.50 (Interim
Uses) shall be deleted from the ordinance.
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4. Pg. 24 Development. Section 19.85.01 (Building Height) shall be
revised as follows and Map 2 shall be revised consistent with the revised
language: '
The maximum heights of buildings shall be controlled by Map 2, Building
Height Controls, and shall be measured in stories or feet, whichever is
less:
Two-story maximum - 22 feet.
Four-story maximum - 44 feet.
Five-story maximum - 55 feet.
Eight-story maximum - 88 feet.
Twelve-story conditional - a maximum of 132 feet, provided that the
increase in hei ght above 88 feet can be shown to produce a vi sually and
environmentally superior solution for a visually prominent and
resource-sensitive location, and which adheres to the following standards:
a. Linear slab or cruciform design shall be avoided in favor of a
stepped building form.
b. The building shall enclose a south facing public outdoor space.
Pg. 37
Grading & Drainage Section 19.87.07
Delete October, replace with November.
5. Pg. 38 Pl anned Land Form. Map 5 shall be revi sed to indicate the
"Original Upland Areas" referenced in the text..
6. Pg. 60
Site Specific Development and Design Provisions.
(a) Section 19.90.02 - Subarea 2 - Gunpowder Point. The following individual
subsections shall be revised to reflect the suggested revised language
provided below:
(3) Parking. The parking provided for the hotel conference complex
shall be 440 spaces. A reduction in this requirement may be granted
if vanpool or limousine service is provided by the hotel operator. A
maximum of 220 surface parki ng spaces may be provi ded on Gunpowder
Point with the remaining balance located in structures over the
surface parking, beneath the tennis court or located remotely in the
Midbayfront.
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In addition, the captions, to Map 10 shall be revised to reflect the following
speci fi cati ons:
Total parking
Surface Parking
Up1 and Reserve
Community Park
440 spaces
220 spaces
16.8 acres revegetated habitat
6 acres
(b) Pg. 66 Section 19.90.03 - Subarea 4 - Midbayfront. Map 11 shall be
revi sed to reflect the same buil di ng envelope/open space re1 ati onshi ps
exhibited in Figure 16 of the certified LUP.
7. Coastal Development Permit Procedures.
Section 19.92 shall be revised as follows:
(a) Pg. 76 Section 19.92.02 - Definitions. The following definition
shall be added:
"Development" means, on land, in or under water, the placement or
erection of any solid material or structure; discharge or disposal of any
dredged material or of any gaseous, liquid, solid, or thermal waste;
grading, removing, dredging, mining, or extraction of any materials;
change in the density or intensity of use of land, including, but not
limited to, subdivision pursuant to the Subdivision Map Act (c011l11encing
with Section 66410 of the Government Code), and any other division of
1 and, incl udi ng lot spl its, except where the 1 and divi si on is brought
about in connection with the purchase of such land by a public agency for
public recreational use; change in the intensity of use of water, or of
access thereto; construction, reconstruction, demolition, or alteration of
the size of any structure, including any facility of any private, pUblic,
or municipal util ity; and the removal or. harvesting of major vegetation
other than for agricultural purposes, and help harvesting.
As used in this section, "structure" includes, but is not limited to,
any building, road, pipe, flume, conduit, siphon, aqueduct, telephone
line, and electrical power transmission and distribution line.
(b) Pg. 76 New Sections. The following new sections shall be added to
the Coastal Development Permit Procedures:
Development Permit Procedures:
Access, open space, and conservation requirements.
Wherever reservation of an interest in land for public access,
open space, or conservation is required by the LCP, it shall be
a condition of the coastal development permit.
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Legal Instruments Required. Prior to issuance of a coastal
development permit where a public accessway, or open space or
conservation restriction on land is required by this Local
Coastal Program, each applicant shall record one of the
following legal documents as specified in the conditions of
approval:
(i) Irrevocable Offer of Dedication.
The applicant shall submit a preliminary title report and record
an irrevocable offer to dedicate the access, open space, or
conservation easement or to convey such interest in property in
fee the accessway, as described in the permit conditions, free
of pri or 1 i ens or encumbrances, except for tax 1 i ens. Thi s
offer can be accepted within 21 years by a non-profit
organization or governmental agency sUbject to approval by the
executive director of the Coastal Commission. Until this offer
is accepted or unti 1 the 1 andowner allows, the public has no
right to use the accessway, provided that the landowner shall
not interfere with established existing public use.
(ii) Outright Grant of Fee Interest or Easement.
If the project is important in and of itself for public access,
open space, or conservation needs, and the size and scope the
proposed development is such that an out-right conveyance
interest is appropriate, or there is an accepting agency
approved by the Executive Director of the Coastal Commission
available to accept the easement or fee interest, it can be
required prior to issuance of the permit. Until such a grant is
accepted or until the land-owner allows, the pUblic has no right
to use the accessway, provided that the landowner shall not
interfere with established existing public use.
Required Information. As a condition of the of a permit, title
information and all necessary subordination agreements shalll be
required. Title insurance may also be required when extensive
interests inland are being granted.
(c) Pg. 82
New section: Variance.
In addition to the variance provision contained at subsection 19.14.190,
add the fOllowing new section:
The Pl anni ng Di rector or Pl anning Commi ssi on may grant a variance to a
regulation prescribed by this chapter only with respect to fences, walls,
hedges, screening, or landscaping; site area, width, frontage or depth;
front, rear, or side yards; basic floor area; height of structures; or
di stances between structures, courts or usabl e open space as the vari ance
was applied for, or in modified form, if, on the basis of the application
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and the evi dence submi tted, the Di rector of P1 anni ng
of fact that estab1 ish that the ci rcumstances
subsections (a) through (c) of this subsection apply:
(a) Because of special circumstances applicable to the property,
including size, shape, topography, location, or surroundings, the
strict application of the ordinance deprives such property of
privileges enjoyed by other property owners in the same land use
classification in the coastal zone.
makes findings
prescribed in
(b) That the strict application of the specified provision would deprive
the applicant of privileges enjoyed by the owners of other property
classified in the same use classification in the coastal zone; and
(c) That the granting of the vari ance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties in the same use classification in the coastal zone.
8. Subdivision Ordinance. Sections of the Subdivision Ordinance shall be
revised as follows:
(a) Section 18.04.010 - Statutory authority.
Thi s chapter is enacted pursuant to the authori ty granted by
Section 66421 of the Government Code of the State of Ca1 ifornia and
in accordance with the limitations of Section II of Article XI of the
Constitution of the state, the general laws of the state, and Section
66410 et seq. of th Government Code of the State, known as the
Subdivision Map Act. The provisions of this chapter are in addition
to the regulations of said Subdivision Map Act and are supplemental
thereto consistent with and not in conflict with the provisions of
said act. In the event of any conflict arising between the'
provisions of the certified LCP and the Subdivision Ordinance or
other legal authorities applying to the ·Subdivision Ordinance, the
LCP shall control.
(b) Section 18.32.090 - Curbs, sidewalks, and pedestrian ways. (The
following sentence shall be added to subsection "A":)
In the coastal zone, gutter elevations shall be established at
sufficient height above mean sea level to allow for anticipated head
losses throughout the drainage system.
WPC 1390H
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