HomeMy WebLinkAboutOrd 1995-2626 ORDINANCE NO. 2626
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE BAYFRONT SPECIFIC PLAN SPECIFICALLY SECTION
19,86.006 OF THE CHULA VISTA MUNICIPAL CODE IN ORDER
TO IMPLEMENT PROPOSED MODIFICATION THERETO AS
ADOPTED BY THE CALIFORNIA COASTAL COMMISSION ON
FEBRUARY 9, 1995 FOR THE CITY OF CHULA VISTA CERTIFIED
LOCAL COASTAL PROGRAM AMENDMENT NO. 12
WHEREAS, the City Council adopted Ordinance No. 2613 on November 22, 1994
amending the certified Chula Vista Local Coastal Program and Bayfront Specific Plan in
accordance with Amendment No. 12 reclassifying 31.63 acres of the Inland Parcel, Subarea
4 from Industrial General to a Commercial thoroughfare land use district subject to Central
Commercial with Precise Plan Modifying District pursuant to sections 19.36 and 19.56 of the
Chula Vista Municipal Code; and,
WHEREAS, Amendment No. 12 was submitted to the California Coastal Commission
on November 17, 1994 and the California Coastal Commission staff, on December 2, 1994,
accepted Amendment No. 12 as complete; and,
WHEREAS, Amendment No. 12 was presented to the California Coastal Commission
at a public hearing on February 9, 1995 and the Commission approved Amendment No. 12
subject to suggested modifications; and,
WHEREAS, the City Council has considered, accepted and agrees with the California
Coastal Commission's February 9, 1995 action and suggested modifications; and,
WHEREAS, in order to fully adopt and implement the modifications proposed by the
California Coastal Commission to the Bayfront Specific Plan, it is necessary to amend the
Chula Vista Municipal Code which contains such Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby
ordain as follows:
SECTION I. Consistency with General Plan Findings
The City Council does hereby find that the LCP, as amended by Amendment 12
and modified by the Coastal Commission on February 9, 1995, is consistent
with the City of Chula Vista General Plan as amended.
SECTION II. California Coastal Act Findings
The City does hereby find that the subject Amendment #12 complies with
Chapter 3, Coastal Resources Planning and Management Policies, of Public
Resources Code, Division 20 in accordance with the following findings:
Ordinance No. 2626
Page 2
The Inland Parcel is not located within the Chula Vista Bayfront. The Parcel is
located approximately 1/2 mile (north east) traveling distance from the
Bayfront's main, "E" Street entry. The land use designation of the Inland
Parcel, therefore, will not directly affect Bayfront "coastal resource" planning.
The Inland Parcel does not have access to coastal beaches, therefore, the
change in land use destination will not affect such access. The Inland Parcel
has no oceanfront land suitable for water-oriented recreational activities or
coastal dependent aquacultural uses.
A portion of the Historic Sweetwater River is located along a portion of the
western edge of the Inland Parcel, This is considered potentially sensitive
habitat and will be enhanced and protected when development occurs on the
Inland Parcel. The proposed Amendment #12 is a change in land use only and
will not affect the site's sensitive habitat designation or the site's sensitive
habitat. The Inland Parcel is visible from the north (State Route 54), however,
there are no coastal views or vistas from or to the Inland Parcel. The land use
change will include a Precise Plan Modifying District which will require the
development of specific design and land development criteria to ensure the
visual quality of the Inland Parcel.
SECTION III. That Section 19.86.006 of the Chula Vista Municipal Code is hereby amended to read in full as follows:
Additional Diking, Dredging or Filling of Wedand Areas. Diking, dredging or filling of
wetland areas consistent with the provisions of this environmental management plan shall
be limited to the specific projects incorporated into this plan, and future proiects that may
be proposed in areas containing wetlands within the Inland Parcel Subarea, for the creation
of new or enhanced wetland areas, very minor incidental public facilities, restorative
measures, and nature study. Mitigation for all disturbance of the wetland areas shall be
provided at the ratio of 4:1 of new wetland areas created to areas disturbed, and for
riparian resources, 3:1 replacement for impacted area. Open space preservation in
perpetuiw of sensitive resource areas will also be required pursuant to an appropriate
mechanism. No other diking, dredging or filling ofwetlands or other wet environmentally
sensitive habitat areas shall be permitted without prior Coastal Commission approval
through the Local Coastal Program amendment process.
A maximam of one Sweetwater River river crossing shall be permitted to provide access to
the developable portions of the Inland Parcel. The crossing shall be designed as a bridge
to minimize adverse impacts to the habitat value of the wetland corridor. All mitigation
required shall be located on-site and contiguous with the existing wetland corridor.
Buffer zones of 100 feet in width shall be maintained around all identified wetland areas
and SO feet in width shall be maintained around all identified riparian areas, unless the
applicant demonstrates that a buffer of lesser width will protect the identified resources,
based on site-specific information. Such information shall include, but is not limited to, the
type and size of the development and/or proposed mitigation (such as planting of
vegetation or the construction of fencing) which will also achieve the purposes of the buffer.
Ordinance No. 2626
Page 3
Development within the buffer zone shah be limited to construction of a pedestrian pathway
within the upper half of the buffer with fencing or other improvements deemed necessary
to protect sensitive habitat in the upper half of the buffer. The buffer shah be measured
landward of the delineated resource. The California Department of Fish and Game and the
United States Fish and Wildlife Service shah be consulted in such buffer determinations.
Buffer zones shah be permanently protected as open space through the use of deed
restrictions or other appropriate mechanisms. Passive recreational uses are restricted to the
upper half of the buffer zone. If the project involves substantial improvements or increased
human impacts, such as a subdivision, a wider buffer may be required.
SECTION IV. This ordinance shall take effect and be in full force on the date which is the
later of the 30th day after its adoption.
Presented by Approve as;?/~orm
Chris Salomone ogaard
Community Development Director City Attorney
Ordinance No. 2626
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 21 st day of February, 1995, by the following vote:
AYES: Councilmembers: Fox, Padilia, Rindone, Horton
NOES: Councilmembers: None
ABSENT: Councilmembers: Moot
ABSTAIN: Councilmembers: None
Shirley,~orton, Mayor
ATTEST:
Beverly A./~uthelet, City Clerk
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 Ordinance No. 2626 had its first reading on February 14, 1995, and its second
reading and adoption at a regular meeting of said City Council on the 21st day of February,
1995.
Executed this 21 st day of February, 1995.
Beverly X. Authelet, City Clerk